Edward Moseley Will
No. Carolina, SC
In the name of God Amen, I, Edward Moseley, of New Hanover County, Esqr., do make and Declare these Presents to be and Contain my Last Will & Testament Rovoking all Other.
Imprimis, I will that all my Debts be well & Truly paid, within Convenient time after my Decease, Out of the Profits arising from the Labour of my Slaves.
Item, It is my Will that as soon as it well may be done After my Decease, a True and Perfect Inventory be made of all my Personal Estate, and that the Same be Returned upon Oath into the Secretary’s Office, as also into the Office of the County Court of New Hanover, within Ninety Daies After my Decease.
Item, I give and Bequeath unto my Eldest Son, John Moseley, my Plantation at Rockey Point, where I Frequently reside, on the West side of North East Branch of Cape Fear River, Together with all my Lands Adjacent thereto, Containing in the whole about 3500 Acres, be the Same more or Less, To Have and To Hold the same to him, the said John Moseley, & his heirs male of his Body Lawfully begotten for ever. And for want of Such Heirs then to my Second Son, Edward Moseley, and his Heirs Male of his Body Lawfully Begotten for ever; and for want of Such Heirs, then to the next of my Sons as Shall Sttain to the Age of 21 years, intail male as above mentioned; and for want of Such to my right Heir in fee Simple.
Item. I give to my second Son, Edward Moseley, my Plantation where I formerly Dwelt in Chowan County, and the Lands adjacent thereto, Containing my estimation 2000. Acres, be the Same More or Less, To Have & to Hold the Same to him & the Heirs male of his Body Lawfully Begotten infee tail, and for want of Such, then to my Son, Sampson Moseley, & the Heirs Male of his Body Lawfully Begotten infee tail & for want of Such, then to my Son, and His heirs for ever. James Moseley, infee tail Male as above exprest; & for want of Such, Then to my Fifth Son, Thomas Moseley and His heirs for ever.
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Item. I give to my second Son, Sampson Moseley, and his Heirs and Assigns all my Lands on the East Side of the North East Branch of Cape Fear River, Lying Between Holly Shelter Creek and the bald white Sand hills, Containing by Estimation 3500 Acres, be the Same More or Less.
Item, I give & Bequeath unto my Son, James Moseley, and his Heirs & Assigns all my Lands on the East side of the North East Branch of Cape Fear RIver Opposite to my Rocky Point Plantation, COntaining by Estimation 1650 Acres, be the Same More or Less.
Item, I give & Bequeath unto my Son, Thos Moseley, and his Heirs & Assigns all my Lands on the North West Branch of Cape Fear RIver, Vist: 1280 Acres I had by the Will of John Baptista Ahe, Esq at Rockfish Creek on both sides the RIver; and 600 acres on the East side of the North West branch of Cape Fear RIver, Near Opposite to the Lands Whereon M. Michell Formerly Dwelt.
Item, I give & Bequeath unto my Son, John Moseley and his Heirs and Assigns, my Lot and Houses in Brunswick where my Habitation usually is at Present, After the Decease of my Loving Wife, to whom I give it During her Natural Life. I also give to my said son John & his Heirs and assigns, my Plantation below Brunswick, Commonly Called Macknights.
Item, I give and Bequeath unto my Son, Edward Moseley, and his Heirs and Assigns, my Lot & house in Wilmington; Also, 600 Acres of Land Opposite to Cabbage Inlet; Also 500 Ares of Land in Tyrrel, Commonly Called Coopers & 450 Acres of Land in Tyrrel County, Commonly Called Whitemarsh, all these to him & his Heirs & Assigns.
Item, I give and Bequeath to my three Sons, Sampson, James, and Thomas, all my Lands on the East side of Cape Fear RIver on Part, where M. Bugnion dwelleth, to be Divided into three Equal Parts, as near as may be; Thomas to have his first Choice, and James the Next, the Division to be made by my Wife.
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Item, I give to my Loving Wife, Ann Moseley, During her Natural Life, m Plantation at the Sound which I bought of John Hodgson, Whereon there is a Large Vineyard Planted; Also 3200 Acres of Land in EdgComb, Called Alden of the hill, be the Same More or Less, Lying on a Branch of Fishing Creek, by Some called Irwins by Other Butterwood; Also 1650 Acres, be the Same More or Less, upon the West side of Neuse River about Twenty four Miles above New Bern Town. With full Power to her by any Deed or will, to give the first Mentioned to all or any of my Children She pleases, to be held by Such in fee Simple, and the two Last Mentioned Tracks, Vist: 3200 & 1650, to all, or any of my four Youngest SOns, as She shall think they best deserve or may most want the Same, in Such Proportion as She Shall think Proper, to be held by Such as she shall Appoint, the same in fee simple.
Item, I give and Bequeath unto my five Sons, John, Edward, Sampson, James & Thomas & their Heirs & assigns, to be held in Severalty & to be Equally Divided, my large Tract of Land in EdgComb County, Called Clur, Containing by Estimation Ten Thousand Acres, be the same more or Less; & it is my Will that in Case Any of my Sons shall Dye before they attain the Age of 21 Years, or Without Leaving Lawfull Issue, that then the Lands of Such so Dying Shall be Equally Divided Among the Survivours, to be held by them infee Simple, Except those first Mentioned Lands GIven to my Two Eldest Sons in tail Male, which in Case of their Or either of their Death is to go as I have before exprest.
Item, It is my Will that no part of my Stocks, Houshold Goods, Slaves, or Other Personal Estate be Sold for Payment of my Debts; but that the Same Shall be Paid Out of the Money’s Arising by Crops or Other Labour of my Slaves; hereby Directing that what Products of the Labour of my Slaves; hereby Directing that what Products of the Labour of my Slaves Shall be in being at my Decease, the Same Shall go towards Payment of my Debts, and that my Slaves that work in the field or on Tarr Work &c, to be kept to Labour in Such Manner, on all, or any of my Lands as Shall best serve, to raise most Money for Discharge of my Debts.
Item, After my Debts are Paid by the Labour of my Slaves, I give and Bequeath unto my Dear & Loving WIfe, Ann Moseley, these 21 Slaves Following, Vizt; Robin & his wife Dinah & their Children, Little Mustapha, Caesar & Jonathan; Kate & her Children, Willy & Abram, Simon, Gabriel, Jacob, Primus, Francis, Abigail, Hager, Phillida & her Two Children Quashey & Billey; Drago & his Wife Nan; and Moll Statiras Daughter.
Item, I give and Bequeath unto my Daughter, Aner Moseley, these Eleven Slaves, Vizt; Sarah, Mustapha’s Wife; Hannah & her Two Daughters Phillida & Bessy; Cudger, & his Wife Bolinder & their Daughters Betsy, Sarah & Lucy, Esther Simons wife; and Little Esther Jennys Daughter.
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Item, I give & Bequeath unto my five Sons, John, Edward, Sampson, James & Thomas, these 56 Slaves, to Wit: Manuel & his Wife Maria & their Children, Manuel, Frank, Jenny, and Yauna; Robin & his wife Doll; Judith and her Sons, Henry, Tony, Tom & Ben; Jenny & her Sons, Andrew & Ned; Bacchus & his wife Yanbo & her Children, Upiter, Sarah and hannah; Mat, a Cooper & his wife Doll & their Daughter Do; Jemmy & Cooper, Sambo & Cooper, Scipio, Roger, Sandy, Coo,, Button, Byrus, Peter, Zebedee; Flora & Diana, the Daughters of Dinah; Nancey & her Children, Alden, Jacob & Suckey; Cudgeo, Kates son Statara, peg & her Daughter Sarah Membo; Belindas Daughter Jenny; Esthers Daughters, Cates Daughter Hagar.
Item, I give and Bequeath unto my Loving Wife, Ann, my New Chaise harness and the pair of Bay Horses, Smoker and Toby, which I bought of John Hull, Esqr, for that use, I also give Unto her Out of my Stocks, Ten Cows & Ten Calves, Ten Steers of Different Ages & Twenty Sheep & the horse Spark.
Item, it is my Will that my said Wife have the Care, Tuition and GuardianShip of my Daughter, Ann; & in Case of her Death, then to my Honour’d Mother in Law, Mrs. Susannah Hasell.
It is my Will that the slaves now usually kept about the house, shall be kept in the same Employment for my Wifes easier Life, and Care of my Children, until She Marries or One of my Sons Arrives at Age of 21 Years, then they are to go to those I have before Bequeathed them.
Item, It is my Will that my Wife Shall have the Use of my Lot & houses in Brunswick; and also of my Dwelling house, Kitchen &e. at Rockey Point, until She shall Marry or that One of my Sons Shall Attain in the Age of 21 years, She keeping all my Houses in Repair. And when Any of my Sons Shall Attain 21 years, She keeping all my Houses in Repair. And when Any of my Sons Shall Attain 21 years of Age, then my wife Shall have her Choice Whether She will Dwell in my houses at Brunswick or at Rockey Point; it is also my Will, that she may work so many of the Slaves on any of my Lands as she Shall choose, along with my Childrens Slaves for which She may Draw a Proportionable Part with Such Slaves of my Children as shall be thought most for their benefit to be worked with hers; The Barns to be for the Use of my Children as well as for my Wife.
Item, it is my Will that after my Debts are Paid, my Sons Slaves Shall be Employ’d on all, or any of my Lands, and no where else, in the Most Beneficial Manner that may be for the Profit of my said Sons; and Annually Accts. to be rendered to the County Court of New Hanover, of the profits Arising thereby, which Profits are to be Accompted for without Any Charge of Commissions &e, Other than the Overseers SHare. Nor shall my Children’s Estate be made an way Less Under pretence of Commissioners &e, But all that I have or shall leave them in this my last Will is to go Clear to them, Except what shall be hereafter exprest Concerning my Sons Education.
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Item, I give unto my Six Children all my Stock of horses Mores, Neat Cattle, Sheep and Swine, to run & encrease for their Benefit; and I will that proper Slaves be Appointed for Managing thereof of, which increase & profit made thereby of Such as are necessarily to be sold or Killed at Proper Seasons, Accot. to be rendered to the County Court, for my children advantage without Charges, Deducting first thereout what may be necessary of such kind of Provision for housekeeping for my said wife & Children.
Item, It is my Will that the Profits Arising by the Labour of my Two sons Slaves & their part of the profits Arising by the Stocks, be laid Out in purchasing Young Female Slaves to be Added to their Stocks of slaves; And it is also my will that if any of the Female Slaves given be my in this will shall breed, in Such Case I give the issue to go along with the Mother.
Item. When it shall be necessary to give all or any of my sons Other Education than is to be had from the Common Masters in this Province; for I would have my Children well Educated, it is then my Will that Such expence be Defrayed Out of the profits of Such Childs Estate & not Otherwise.
Item. I Recommend it to my Dear & Loving Life that one of my sons, as shall be Thought best Qualified for it, be bred to the Law, it being highly necessary in so Large a Family; and to him I give all my Law Books, being upwards of 200 Volumes, which are now or Shall be in my closet at Brunswick, and are Exprest in a Catalogue of my Own hand Writing, in a Marble Cover Book in my Closet.
Item. I give to my Dear wife, Blomes History of the BIble in folio, 3 Volumes in folio of Arch Bishop Tillotsons Works, four volumes in Octavo of Dr. Stanhope son the Epistles & Gospels, and all the Books of Physick.
Item, I give to my Daughter, Ann Humfries, 3 Volumes in folio on the Old & New Testament, and I will that my Exors. buy for her, the work of the Author of the whole Duty of Man. I give to the Eldest of my Sons, that shall not Study the Law; Chambers Dictionary, two Volumes in folio; Locks Work, three Volumes in folio; Millers Dictionary; 2 Vol in folio, and LeBlond of Gardening in Quarto; And the rest of my Books, about 150 Volumes, to be Divided among my Other three Sons.
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Item, I give & Bequeath unto my Eldest Son, John, my Large Silver Tea Kettle, Lamp & Server for it to stand on, weighing in all about 170 Ounces. To my Son, Edward, my Large Silver Coffee Pot Pott; to my Son, Sampson, my large Silver Tea Pot to my Son, James, my Large Silver Tankard, & to my Son, Thomas, a pair of Large Square Silver Servers; my Cases of Knifes, forks, Spoons, Salts, Casters & Other my Plate, to be Divided Between my wife & Daughter, my wife to have the use of My Children’s plate, until She shall Marry, or they respectively Attain to age of 21. But if any shall Depart this life before that Age, such CHilds part of the plate or Other Personal Estate I shall & Hereafter in this will give to them, to be Equally Divided among my sons Surviving.
Item, in Case my Wife shall marry, or as Soon as Any of my sons Shall Attain to 21 years of age, which shall first Happen, I will that my household goods & Other Personal Estate not before by me given shall be Equally Divided into four Parts; One thereof to be my Wife, the Other three Parts among my Six Children.
Item, As there are very Considerable Debts due to me I expect more than Sufficient to pay the Debts I owe, I leave it to my Wife either to Apply the Same for Payment of my Debts, or in Building for all or any Of m Son’s as She shall think Proper, if she shall Choose to Apply it in Building, I would have the house at the Vineyard Finished Fit for Use, and as She knows my mind with Regard to a handsome large Dwelling house to be built at Rockey Point, the FOundation whereof is Dugg, She may, if she pleases, Proceed thereon And use all the Materials Already Provided by me, And Also, the Sum of One Hundred Pounds Sterling, or the Value thereof in Products, yearly for Two years, Out of the Labour of all my Sons Slaves, And all or any parts of the Debts Due to me.
Item, I give & Bequeath unto my very Good Friend Samuel Swann, Esq., Major John Swann & my Brother in Law; Mr. Jas. Hasell, Jr., the Sum of Ten Pounds Sterling, each, or in Products; hereby Requesting there Advice & Assistance in having this my Will fulfilled. And to Mr. Jeremiah Vail & Mr. ALexander Lillington, the Sum of Five Pounds Sterling, Each, or Value in Products; & to my Very Good Friend Jas. Hasell, Esqr & to my Sisters in Law, Mrs. Mary Vail & Mrs. Sarah Porter, I give to Each a ring of two Guineas price; & to Each of the Children of my Sister in Law, Mrs. Mary Vail & her sister Elizabeth, late the Wife of Collo. Maurice Moor, and to the Children of my late Brother in Law, Mr. John Lillington & to Colo. Maurice Moor’s three youngest Children,I give to Each a ring of a Guinea price.
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Item, I give to my Honoured Mother in Law, Mrs. Susannah Hasell, a ring of three Guineas price.
Item, the rest & Residue of my Estate Real & Personal, I give to be Equally Divided among my Sons & the Survivors of them.
Lately I nominate & Appoint my Dearly beloved Wife, Ann Moseley & y Two Eldest Sons, John & Edward to be Executors of this my Last Will & Testament (Containing in Eight Pages all of my Own hand Writing)
In Testimony whereof, I have Hereunto Set my hand & Seal, this Twentieth Day of March, Anno Dom., 1745
E. Moseley (Seal)
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August Court, 1749.
A Codicil to the Last Will and Testment of Edward Moseley, dated March 20th, 1745, hereunto annexed.
To my Son William, born since mys aid Last Will was made, I give & bequeath my two round Silver Servers; Also, the tract of Land in my said Will mentioned, lying in Edgecome County, called Alden of the HIll, containing 3200 acres, be the same more or less; Also about 300 acres more, contiguous thereto, which I have Entered in Earl Granville’s office. To hold the same, about 4000 acres, to him & his heirs forever. It is also my will, that my said Son, William, shall have an equal share of the Slaves & personal estate left to be divided among my other five sons in that my will.
It is also my will, that if I shall have any more children. They shall be intitled to an equal part of my slaves & personal Estate left o my sons in that my Will mentioned, and that lal my sons born or to be born, shall have an equal share or dividend of that my large tract of 10,000 acres called Clur, mentioned in my said will.
I give to my dear wife Ann, my negro woman named Jane, for her better care & management of my children, she having been much employed about them.
I give to my Daughter Nancy, Peggy’s youngest mulatto child named Abram.
My slaves Mustapha, Cush & Moll having behaved very well I order them to be free, but if it shall not be allowed them, Then it is my will that my exectrix shall place them jointly or severally as they shall shoose, on any of my lands, to make what they shall judge most for their advantaage, rendering one tenth part of the profits to my executrix.
Lastly, I make my dear wife Ann, Executrix, and my two Eldest Sons, Executors, of this Codicil which I will shall be taken & deemed as a part of my last Will & Testament.
In Witness Whereof, I have hereunto set my hand and seal this Nineth day of June, Anno Dom. 1748.
E. Moseley (seal)
Signed, sealed, published &
Declared in presence of:
John Cochran
John Hancock
John Cooke
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Samuel Nicholson’s Will
No. Carolina, The 22 of Ye: 1: Month 1727/8
Know ye, that I Sam. Nicholson, am week in body but of perfect mind and memory, thanks be to the Lord for it: Do make this my Last and Testiment, Revoking all other. Wills heretofore maid by me, first of all, I comit my Soul unto the Lord and by body to the Earth from whence was, to be desently buriad after the descresion of my Executors hereafter named.
Saconly, my will is that my dear and well beloved wife, Eizabeth Nicholson, Shall have the whole Use and Benifit of all my Lands and houses and plantation during har life; and after har dises, my will and pleasure is that my daftor, Elizabeth Anderson, shall have and injoy all my Lands, plantations houses and profits, Shee and her Lawful hares for Ever. Allso, i give to my Said daftor, Elizabeth Anderson, a Negro wormn called bes.
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I give to my daftor, Sarah Nicholson, one Negro boy caled Sesor,d uring her natural Life, and at har dises, to fall to them of har Kindred which she may think fitest to Life with I allso give to my Said Daftor, Sarah Nicholson, a father bed and furniture.
I allso give to my Gran Children, forty shillings a pens, to be pid to them or thare father for them.
I allso give to my Friend, Sarah Gloster, as much good fine Silk Crape as will make har a Suit of Close, a pare of good Stays, three yards of muslin, a pare of worsted hoes, two Yards of Holen, as much fine Garlick, as will make har a Shift
And as for the Rest of my Estate of what Remains after Lagists and Just debts are duly paid, I give to my Loveing Wife, Elizabeth Nicholson, to be at har disposing. I also make and ordain my Loveing Wife, Elizabeth Nicholson, and my Son in Law, John Anderson, Executrex and Executor of this my Will.
As witness my hand,
Samuel S. Nicholson (Seal)
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Francis Toms’ Will
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I, Francis Toms, of Perquimons, being Sick and weak of Body, but of Sound mind and memory, Do make this my last will and testament in maner and forme following, Viz:
I will that my Just Debts be paid by my Executors hereafter named,
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Item, I Give and Bequeath to my Doughter, mary newby, the Plantation I Bought of James Thickpen, to her and her Husband for and during their Naturall Lives, and after their Decease to their Son, Francis Newby, to him his heirs and assign for Ever; and for want of Such Heirs to the Next of Kinn. And, also, to my Sd. Doughter and to her, Her Heirs or assignes, my Tract of Land on Usess Creek and Bouding on y Said-Creek and the Land he, N: Newby, bought of William More; and allso, to my Said DOughter, the Labour of my negro Wench named Nan two days in a week, viz: the Days Commonly Called Mondie and Tusday, from the day of the date hereof, to the full End and term of ten Years, My Daughter finding the Said Negro Woman a New Cotton and Woll Coat and Jackit duiring the above terms of ten years, yearly.
Item, I Give and Bequeath unto my Doughter, Elizabeth Phelps, the plantation and tract of Land I had in Exchange from Stephen Gibbons for my Land Called ye Image, to her and her heirs for Ever; allso, I Give to my Said Doughter, Elizabeth, forty Acres of Land lying at ye head of Rachell Barrows Land and that which was formerly Called Clagisters to her and her Heirs for ever.
I Give and Bequeath unto my Doughter Priscilla Jones, a Negro Wench named Jenney and all her futer Increse, Save the first Child She Shall Bring, which I give to my Wife, whether male or female, and whne ye Said Jenney does Appear to be with Child, She Shall be Returned to my wife or Relict, and Remain with her till her Child is weanable and the Wench Naney to Serve in her Stead to my Said Daughter during the Said time.
Item, I Give and bequeath unto my Doughter Margret Tomes, my land on Both Sides of Long Branch, as far as the head of Bull Branch on ye north Sie, and on ye South Side, as far as first big Branch that COmes out Long Branch below Stephen Gibbons Brid, and to the head of the Said Branch to my Said Doughter, Margaret and to her Heirs for ever. Likewise, a Negro Boy Called Jack and a young Horse Named Smoaker, and a feather beed and furnituer Equivlent to the Beed and Furnituer her SIster Pleasant had.
Item, I Give and Bequeath to my Doughter, Pleasant Winslowe, two hundred acres of Land on Usess Creek, Joyning on ye Land Given to Francis Newby by my father, which two hundred Acres of Land, I Give to my Said Doughter, Pleasant, and to her heirs, for ever.
Item, I Give and Bequeath to my Loveing Wife, Rebekah Tomes my Negro man named Guy to be disposed of at hir discretion; Likewise the Labour of my Negro Mingo boy from the date hereof to the full End and term of Twelve years, if my said wife Live So Long, and at ye Expiration of ye above mentioned twelve years, or at my Said wifes decease which Shall first happen, I will the Said Boy to my Son, Francis, to him, his Heirs and Assigns. Likewise, I Give to my said Wife, one hundred Acres of Land I Bought of John Porter, and fifty acres of Land, and the one halfe of my orchard, She keeping the same in Repair for and During her Naturall Life; and allso, I Give to my Said wife, the one third of my Moveable Estate, Shee taking what was Hers before our Marige in part of the Said third; and allso, I give my said wife all her wearing apparell; and allso I Give to my Said wife the Labour of my Negro Naney, Save the two days heretofore in a Week Given to my Doughter Mary, untill my Son Francis be marryed, and then I will he may have the one third of the Said Negros Labour; and the Said Negro Naney at his Mother in laws Decease. And also, I Give to my said Wife the one halfe of my bedding the whole of my Remaining Beding to be Equally Devided betwixt my wife and my Son francis. Allso, I Give to my said Wife my horse Named Fox and Side Sdle and Bridle and allso my horse Named Dick.
Item, I Give and Bequeath to my Doughter Pleasant, my Negor Boy named Pompey, to her, her Heirs and assignes for ever.
Item, I Give and Bequeath to my Son, Francis Tomes, the Plantation whereon I now Live acording to his Granfathers Will; and to my said Son, my Negro Girle named Naney and One Gray maire I Bought of William Jackson, and my Riding Saddle, to him his, heirs or assignes for ever.
Item, all the Remaining part of my Estate after my wife’s part is taken out, be the Same of what kind or Quality So Ever, or whereEver to be found, I Give and Bequeath to my Doughter, Margret Pleasant and my Son, Francis, to be Eaqually Devided amongst them, there, to be devided by the Judgment of Joseph Jessop, Thos. Jessop, Thomas Winslow and William More, or any three of them.
Lastly, I do ordain, Constitute & appoint My Loveing wife, Rebekah Tomes, and my Son in Law, Nathan Newby, to be my Executors to see this my will full filled, Revoaking all former wills by me heretofore made.
as witness my hand, this 5th. of Sept, Ano. Dom. 1729
Francis Toms (Seal)
Witness: J. Jessop
Richd. Cheston
Ralph Fletcher
Octbr. 7th, 1729
J Bryan Grimes
F253.N87
1912