In the name of God amen I Jeremiah Wynne of said County do make publish and declare this to be my last will and testament revoking all others by me made.

First I recommend my soul to my God who has been very merciful to me and my body to be buried in a decent plain manner by my executors and as respects such worldly estate as it has pleased God to bless me with, I devise and bequeath as follows

First - I lend to my wife Sarah during life the land begining at Jos. Halsey line at the river in the town of Columbia thence near an east course along said line to cross Street his back line thence northwardly along said line and street to the road leading from Columbia bridge, thence eastwardly along said road to the road leading to little Allgator - thence southwardly along the road to the road leading to Alexander Dillins thence along the said Dillins road to a line of marked trees beginning at a pine and oak thence southwardly along the said line of marked trees known by William & Tully Wynne as Mary Halseys line to the middle of Gum Swamp thence westwardly along the middle of said swamp to the Zebedee bridge at the road leading from Columbia to William and Tully Wynne's thence along the said road to a gum a dividing line between Tully Wynne and myself, then westwardly along said line and the line between William Wynne and myself to the river nearly opposite Robert Wynne's creek, then down the river the various courses thereof to the first station containing five hundred acres more or less

Secondly I give to wife Sarah and her heirs forever the following negroes (to Wit) Old Nanny Dick Murl Chloe and Darbe also her choice of two horses one gig and harness three beds and furniture six cows and calves of my stock and home one half of my sheep six sows and pigs and ten old hogs three plows and harness one ox cart one horse cart and all my bees - also all the groceries I may be possessed of at my death and two hundred dollars to be paid her in cash by my executors. I also give her one half of my wind mill during her life. I also lend my wife during her life all my silver furniture in the house also half of my chairs and tables one clock one side board half the china and crockery ware one half of the barrels and tubs one half of the kitchen furniture and looms I also lend her during life my still secretary desk her choise of one gun the blacksmith tools and one hand mill

Thirdly I give to my daughter Mary Halsy and her heirs forever a tract of land adjoining the bridge begining at the ditch runing into the river near the bridge then eastwardly up the road leading to little Alligator then down the road to Joseph Wynne's line binding upon the road then westwardly binding on Joseph Wynne's line to the river then up the river to the first station so as to include the fishery I also give to her and her heirs forever one other tract of land called the Zebulon place begining at the road leading to Alexander Dillins at a marked pine and oak a dividing line made by myself Joseph Halsy, William and Tully Wynne across the Rudder Land then with that line to the middle of the Gum Swamp southwardly along the middle of the Gum Swamp near the Tom field then south to the Creek, then up the creek to James Hassels old line near the place where Jeremiah Phelps now lives on the road then westwardly along the road to the first station containing five hundred acres more or less I also give to my daughter Mary Halsy and heirs forever the following negroes (to wit) Merrick Ann Little Jack Washington Hannah Joan Molley Dempsey and those negroes she is now possessed of and after my wife's choice I give my said daughter Mary her choice of one of my horses. I also give her my flats seines and every other apparatus belonging to my fishery and upon the death of my wife I give my daughter Mary my still blacksmiths tools and all the casks belong to the distillery I give my daughter Lydia her third choise of my horses I give my daughter Sarah one horse the fourth choise, after Lydia has made her choise

Fourthly I give to Joseph Halsy and Charles Hoskins and their heirs forever in trust and for the express purposes herein after specefied the following property one tract of land bound as follows begining at the Zebedee bridge thence eastwardly up the middle of the Gum Swamp to Mary Halsys line then with her line to Riders Creek then down the creek to William Wynne's line then along his line to the road leading to Gum Neck then with the road to the first station containing seven hundred and fifty acres more or less. I also give Joseph Halsy and Charles Hoskins in trust and for the purposes hereafter specified, the following negroes (to wit) Big Jack West Tamer Mariah Marandy Rose Roger Bob Sampson Will Lavinia Aaron and Alston, and I do hereby expressly enjoin it upon the said trustees, that shall take particular care that no part of the said property should be converted to any other purposes but for the maintenance comfort and support of my daughter Lydia Garrett and to the support education and maintaince of her child to be dealt out to her and child at their descretion, and I do hereby give the said trustees full power to appoint by will or by deed under their hands and seals, one or two trustees who shall have all the powers and authorities, that is now given the said Hoskins and Halsy & shall execute and perform the said trust a trusts, upon the death of Lydia Garrett the trustees shall convey all the property heretofore devised or bequeathed to her child named Mary Elizabeth Garrett upon her marriage or on her arriving to the age of twenty one years, and if she shall die without being married or before she arrives to the age of twenty one years, then upon the death of Lydia Garrett the trustees shall convey all the property herein devised or bequeathed to the children or legal representatives of Mary Halsy and Sarah Sutton, and I do hereby expressly provide, and declare that in case the said Joseph Halsy and Charles Hoskins shall not appoint any trustee as before stated to execute this trust, then I do hereby give the Judge of the Superior Court of Law and Equity full power to appoint a trustee, and the trustee so appointed by the Judge shall have all the power and authorities, that I have given the original trustees upon such terms as the Judge may prescribe in the appointment of the said trustee

Fifthly I give to Joseph Halsy and Charles Hoskins and them heirs forever in trust and in full confidence that they will perform the trust and in order to provide effectually for the support of Sarah Sutton and her children the following property to be disposed of in such manner and for such purposes as will be hereafter stated One tract of land bounded (as follows) beginning on the road at Joseph Wynnes line near his plantation along the road that leads to Columbia to the road that goes to Alexander Dillins then binding on that road the various course thereof near an east course to Chinquopin Stump in my line all the land contained in the fork made by the two roads Viz One tract called the McCabe tract and one tract upon which Sarah Sutton now lives one tract call William Tarkenton place one tract known by the name of the Rowsom land and all the other land between the said roads I also give to the said trustees for the purposes herein after specified the following negroes (to wit) Pleasant Buck Celia Tom Gilbert Nancy, Sally Ann, Peter Mourning Rose Susan Little Dick Caroline and Jeffry now I do hereby enjoin it upon the said trustees that no part of the above property or any other which I may give to them for her benefit and for the benefit of her children shall be converted to any other purpose than that specified by me the trustees shall pay out the rents and profits of the said property in comfortably to maintain the said Sarah Sutton and to maintain and educate her children in a decent comfortable manner and full power is given the said trustees so to manage the said property as will most advance their interest and happiness. I further require and direct the said trustees upon the death of Sarah Sutton to convey the whole of the said property to her children or the survivor and upon the death of the children of said Sarah they the trustees shall convey the said property to the children of Mary Halsy and Lydia Garrett or their legal representatives. And I do hereby give Joseph Halsy and Charles Hoskins full power to appoint under their hands and seals or by will a trustee or trustees who shall have all the powers they have or possess and in case the said trustees shall fail to appoint a trustee then I give full power to the Judge of the Superiour Court of Law and Equity to appoint a trustee for the purposes aforesaid who shall have all the powers and authorities and do all things that the original trustees might do and ought to do

Fifthly I give to my daughter Mary Halsy and her heirs provided she shall perform the conditions here unto annexed the following tract (to wit) begining at Joseph Halsys line at the river then near an east course along said line to the cross Street his back line then northwardly along said line and street to the road leading from Columbia bridge then eastwardly along said road to the road leading to little Alligator then southwardly along the road to the road leading to Alexander Dillins then along said Dillins road to a line of marked trees beginning at a pine and oak then southwardly along the line of said marked trees known by William and Tully Wynne as Mary Halsys line to the middle of Gum Swamp then westwardly along the middle of said swamp to the Zebedee bridge at the road leading from Columbia to William and Tully Wynne's then along said road to a gum a dividing line between Tully Wynne and myself, then westwardly along said line and the line between William Wynne and myself to the river nearly opposite to Robert Wynnes Creek then down the river the various courses thereof to the first station containing five hundred acres more or less - - -

Now I do hereby give the said tract of land above described after the death of my wife Sarah, provided the said Mary Halsy shall pay or cause to be paid to the trustees above appointed or those that may be appointed for the express benefit of Sarah Sutton her children Lydia Garret and her child to be under the direction of said trustees in the same manner as the property I have already given for their benefit in three years after the death of my wife Sarah the sum of one thousand five hundred dollars for the benefit of Sarah Sutton and children and one thousand five hundred dollars for the use of Lydia Garret and her child, the two last sums when paid to the trustee or trustees to be under the rules and regulations and to be disposed of like manner as is directed in the fourth and fifth clauses of this will in which there are devises for the benefit of said Sarah Sutton & Lydia Garret and children and in case the said Mary Halsy shall not choose to pay the said described sums of three thousand dollars in three yearly instalments for the benefit of the persons already stated in three years after the death of said Sarah Wynne then I direct my executors shall sell the land upon a credit of one two and three years for the most that maybe got for the same one third to be paid to Mary Halsy one third to the trustees for the benefit of Sarah Sutton & children and one third to be paid to the trustees for the benefit of Lydia Garrett and child both of which last sums to be under the same restrictions as the property already devised for their benefit

6 I give William Halsy son of Joseph Halsy my gold watch to be delivered to him by my executors when he arrives to the age of eighteen years

7 I give Joseph Halsy all my wearing apparel

8 - I do hereby give my executors hereafter named full power and authority to sell all my land not given away or otherwise disposed in this my will upon such credit as they may think best and execute good and sufficient tittles for the same to the purchasers, and also to sell all the personal estate not otherwise disposed of by me and after paying my debts I give one third of the amount to Mary Halsy one third to the trustees for the benefit of Sarah Sutton and children one third to the trustees for the benefit of Lydia Garrett and child under the same restrictions as stated above and my will is that all my money notes and every other kind of property I may die possesed after paying my wife two hundred dollars shall be equally divided among my three children and their representatives under the like restrictions as to Sarah Sutton and Lydia Garrett as those already named

I do hereby nominate constitute and appoint Joseph Halsy and Charles Hoskins my friends and relatives executors to this my last will and testament

In witness whereof I have hereunto set my hand and seal this 22 November 1831.

Jeremiah Wynn (Seal)

Signed Sealed & delivered in presence of
us who saw the said Jeremiah Wynne sign and seal the same
and acknowledge this to be his last will and testament and we
subscribed it as witnesses in his presence and in the presence of
each other

Matt Jordan
John P. Jordan
H. E. Lewis
Isaac Brickhouse

County Court July Term 1832
This will was duly proved according to law, as refferance the minute ? of this term will show
Jos. Halsy Clk.

(Following From Will Book 2, Page 105)

State of North Carolina
Tyrrell County
Court of Pleas and Quarter Sessions July term 1832

Jos. Halsey & Chals Hoskins	)	The defendents enter a caveat
exer of Jeremiah Wynn	)	Issue devesavet vel non
VS
Henderson S. Sutton &
Bauldy Garret

The following jury (to wit) being composed and charged, John Simons, Enoch Smith, Allen Smith, William Norman, Jonathan Morris, Zebulon Kemp, Job Swain, William Kemp, Heny Gibson, Levy Langly, Thos. Hassel & William Simmons say the will exhibited as the last will and testament of Jeremiah Wynne decd. -

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

July Session 1832

The last will and testament of Jeremiah Wynne
Jos. Halsey & Charles Hoskins executors of Jeremiah Wynne.

The last will and testament of Jeremiah A. Wynne being exhibited in open court by Jos. Halsey one of the executors therein named and proved in solemn form by the oaths of Mathias Jordan, Jno. P. Jordan, Henry E. Lewis & Isaac Brickhouse. It was ordered by the court that the same be recorded and that letters testamentary be granted to Jos. Halsey the other executor Charles Hoskins refusing to qualify thereto.
Jos. Halsey the executor thereto qualified to the same in open court in due form of law.

January Session 1833

Jos. Halsey executor of Jeremiah & Sarah Wynne returned on oath into open court the inventory & account of sales of said estates & filed.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.58), Box 58
Wynne, Jeremiah, 1832

Summons dated the first Monday in March 1834 and issued 29 April 1834 for Joseph Halsey executor of Jeremiah Wynne deceased to appear at the Superior Court of Law on the first Monday of September next to answer unto John Roughton of a plea of trespass on the case to his damage five hundred dollars.

Summons issued 3 Sep 1834 for Hezekiah G. Spruill, Morris Westcott, Cornelius Alexander, Abel Roughton & Davis Basnight to appear at the Superior Court of Law on the first Monday in March next to testify on behalf of John Roughton in a case in which he is plaintiff and Jeremiah Wynne's executor is defendant.

Petition in Equity Court at Spring Term 1844 by Samuel S. Simmons administrator of Mary Elizabeth Garret who states that Jeremiah Wynne died in early 1832 leaving a last will & testament which is annexed to this petition. In it certain provisions are made for Lydia Garret who is now intermarried with complainant Simmons and her daughter Mary Elizabeth Garret. The will was admitted to probate and Jos. Halsey alone qualified as executor and the said Mary Elizabeth died in 184{blank} having attained the age of twenty one and leaving her mother Lydia and a half brother Joseph Simmons surviving her, she having died without ever entering into the bonds of matrimony. After her death this complainant qualified as administrator of her estate and is now in possession of the property mentioned in the will mentioned heretofore. Complainant insists that by virtue of the provisions of the will, the death of his intestate without being married, and without issue living at her death and after attaining the age of 21, the property in said will given for the benefit of said Lydia and said Mary Elizabeth, her daughter, vested absolutely in her or in complainant as her representative, subject only to the life estate in her mother the said Lydia. Complainant further shows that said Joseph Halsey at the time of his testators death and at the time of said Mary Elizabeth'S death, had and now hath by his wife Mary issue as follows, viz., William Halsey, Sarah Halsey & Ann Eliza Halsey, all of whom are infants: and Sarah Sutton had likewise issue Wilson R. Sutton & Jeremiah Sutton of full age and James Sutton and infant and Lydia Sutton an infant to which last one Joseph Halsey is guardian: that all of these persons claim or may claim some interest in the property aforesaid, given by the will aforesaid, for the benefit of said Lydia and child - which claims the complainant insists are groundless, but in time may become dangerous to the complainant because of the fact, which this complainant avers is so, that there are but few persons acquanted with the age of his intestate & the time of her death, so that there is great danger that the evidence thereof will be lost until the same can be perpetuated under the order of this Honorable Court. Complainant therefore prays copies & subpoenas may issue commanding said Halsey & said Sutton & said Halseys to appear: that testimony may be taken as to the age of said Mary Elizabeth at her death, & the time of her death, & that the same may be perpetuated, so as to be used in any controversy that may arise hereafter between the parties hereto or any claiming under, through or against any of the parties: & that such any other relief may be had as in equity entitled.

Deposition by Catharine Etheridge before Charles Pettigrew, D. S. Godfrey & Wm. Norman on 28 Oct 1845 in a case in which Samuel S. Simmons is plaintiff and Halseys & Suttons et als are defendants in Equity Court. She states that she knew and his wife, Lydia and recollects the month in which their daughter Mary Elizabeth was born, and that she was born in the month of April in the year 1821.

Deposition by H. G. Spruill on 28 Oct 1845 reading from a book with the inscription that "Elizabeth Mary Garrett was born April 28, 1821" in the proper handwriting of Bauldy Garrett, and that the said Mary Elizabeth, as she has always since been called, was the only daughter which he ever knew the said Bauldy & Lydia Garrett to ever have, who lived but a short time; they having had, (as he is informed) one born before before the said Mary Elizabeth, who lived but a few days.

Deposition on 28 Oct 1845 of H. E. Lewis who steted that he knew Mary E. Garret, the only living child of Baldy Garrett and wife, Lydia, who was the daughter of Jeremiah Wynne and that she died on 8th of May 1842. He was the attending physician.

Deposition of Esther Swain on 28 Oct 1845 who states that she knew Mary E. Garrett, only child of Baldy Garrett and wife, Lydia. She was with her when she died and she died on the 8th day of May 1842.

There are other cases and summons in this file which only appear to be related to suits to recover debts with no apparent genealogical significance.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of J. Wynne to S. Hoskins on 12 Mar 1796, Frederick Massey security; also Lydia Wynne to Baldy Garrett on 11 May 1818, Thomas Hardison security; also Sarah Wynn to Henderson Sutton on 17 Feb 1818, Joseph Horniblow security; also Jose[h Halsey to Mary Wynn on 28 Oct 1823, W. B. Hodges security; also Samuel S. Simmons to Lidya Garrett on 5 Dec 1836, William Wynn security.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated September 23, 2023
Ellen Kroll