Where There's A Will...

From the files of Stephen M. Lawson


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 Will of Christopher Peake - April 2, 1666

(as printed in the NEHGR 15:126)
2. 2. mo. 1666  I, Christopher Peake, of Rocksbury, doe make this my Last will.
My wife, Dorcas, sole Executric. Mr Edfward Denison & Mr Thomas Weld, both of
Roxsburys, Overseers--to Order all my Estate & guid my wife in all such [ways]
as may be for Gods Honour & my wifes & Childrens [best] good. Debts paid out
of mine Estate. I giue use & Rents of my House Lands & mooueables to my wife,
she maintaining the reparation of yt the whole time of her Life, excepting a
Litle pasture where I intend to make a tan yard, if God please to Lett me Liue.
My will is, that Little pasture, being about two acres of ground, and what
soeuver buildings I shall set upon that ground, shall be my three sonnes,
Jonathan, Joseph, & Ephraim, & it shall be diuided equally between them, for
them, their heires or assignes. And further, that my two daughters, at the day
of Marriag, if God so dispose of them, both Dorcas and Sarah, shall haue ten
pounds, each, out of the mooueable goods. My will is, that the pasture or tan
yard, that I giue my sonnes, shall not be alienated or sold by them, or any of
them, but each to the other, Prouided my other Estate will pay my debts. After
my wife's decease, I bequeathe my Goods unto my Children, Jonathan, Dorcas,
Joseph, Ephraim, and Sarah, to them & to their heires foreuer, to be diuided
between them as Followeth, my Eldest sonne, to haue a double portion, the Rest
of my Children to haue a part alike. My sonne, Jonathan, hath already receiued
four acres of Land, by the great pond, wch shall be accounted as a part of his
double portion, with a Cow, which shall be Counted to Him also, and further,
that if my Children shall reciue what is abouemintioned (that is to say) My
sonnes the pasture, or my daughters ten pound apiece, that shall be accounted
to them as part of their portion also. It shall be Lawfull for my wife, if need,
to Make sale of Chattell or Lands for the payment of my debts, with the aduice
of the ouerseers, and my Children to Enjoy the Remainder, and no more,
accordingly as I haue formerly mentioned.
                                                       Christopher Peake
Edward Bridge (His Marke)
Edward Morris, both of whom deposed Aug. 2, 1666.


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Will of Samuel Porter - July 28, 1774

[recorded Feb. 13, 1784, Book A, No. 7, pages 12 and 13, York Co., SC]
   In the name of God Amen. The twenty eighth day of July I Samuel Porter of
Camden District in the province of South Carolina being sick in body but of good
and sound memory--thanks be to Almighty God calling to remembrance the uncertain
estate of this life: Do make constitute ordain and declare this my last Will and
Testament in manner and form following, revoking and annulling by these presents
all and every testament or testments Will and Wills heretofore by me made and
declared either by word or writing, and this to take place only for my last Will
and Testament and none other. I give and commit my Soul unto Almighty God my
Creator, and my body to be buried in such a place where it shall please by
Executors hereafter named to appoint.
And now for the settling of my Temporal Estate and such Goods and Chattels as
it hath pleased God to bestow upon me, I do order give and dispose the same in
manner and form following. That is to say, first I will that all those Debts and
dues I owe to any person or persons whatsoever shall be well and truly paid or
ordained to be paid within convenient time after my decease by my Executors here-
after named.
I give and bequeath unto my oldest son Matthew Porter the sum of five
shillings Sterling, to my daughter Agnes the sum of five Shillings Sterling, to
my son David the sum of five shillings Sterling, to my daughter Violet the sum
of five shillings Sterling, to my son James the sum of five shillings Sterling,
to my son Nathaniel the Plantation or tract of Land that I now live on with the
improvement I Will and bequeath.
I will that my well beloved wife Sarah shall have the one third of the
produce of sd. Plantation or tract of Land with the one third share or part of
any profits arising from sd. plantation during her time of life: with all my
Household furniture at her use to be disposed of her with an equal divide
betwixt Ann my dughter, and my daughter Ruth.
As likewise to my wife Sarah I Will and bequeath my horse and mare together
with my horned Cattle and Hoggs excepting one I give and bequeath to my
daughter Rebecca Bequeath to Rebecca the young horse Colt lawful
money of South Carolina I give and bequeath to Rebecca to be paid unto her by
my son Nathaniel, it is my Will that Rebecca shall have and enjoy the use of my
Horse or Mare to ride to Sermon and other necessary places.
I do order and appoint william Byers Senior and David Porter to take care
that this my last Will and Testament be Executed and disposed of according to
the true intent and meaning thereof.
Signed & Sealed in presence of us)
this 28th day of July 1774 ) Samell Porter /s.s./
William Williamson
William Byers

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Will of Peter Parker - Sep. 5, 1716

North Carolina State Archives
Will Book 2, p. 229, 1712-1722

   In ye name of god amen I Peter Parker of Chowan prct of ye County of
Albermarle in ye Province of No. Carolina being sick and weak of body but of
Sound and perfect memory thanks to Almighty god for ye Same and calling to mind
the mortallity & Frailty of mankind & that it is appointed for all men once to
dye I therfore doe hereby constitute & ordaine this to be my last will Testamt in
manner and following. First I recomend my soul into ye hands of almighty god that
gave it hopeing that ye merits of my blessed redeemer to receive a joyfull
resurrection at ye Last day, my body to be buried in such Christian like maner
as to my Excrs. hereafter named shal seem meet, and as touching such worldly
Estate as it hath pleased almighty god to be stow on me in this transitory world
I dispose ye same in manner & form following.
Imps. to my Eldest son John Parker I give & bequeath that plantation where on
he now lives with all ye land adjoining thereunto above ye deep run branch to him
& his heirs for ever one mare he has now in possession with her increase.
Item to my Son Thomas Parker I give & bequeath that plantation whereon I now
live with all ye remaing part of my land adjoining thereunto below ye deep run to
him & his heirs forever & three Cows & Calves to be paid him out my Stock and one
young mare now in ye woods wth all her increase for ever and to at age & take his
legacies & land in possession at ye age of Eighteen years old if his mother Lives
& if She Should dye to be like quallified at ye age of Sixteen years old.
Item to my son Joseph Parker I give & bequeath a parcell of Land containg 240
Acres wch. I bought of John Early lying on ye west side of ye main branch of
Wishacone Creek adjoining to ye wht. oake swamp to him & his heirs for ever & 3
cows & calfes to be pd. him out of my stock and one young mare that his Cousin
Peter Parker has now in possession with all there increase for ever except ye
fourth Colt which ye mare brings wch. ye above mentioned Peter Parker is to have
for his trouble in looking after ye Sd Mare and my desire is that my son Jos.
should be at age to posses as above mentioned.
My land at ye Elm Swamp which I sold to Joseph Thomas I desire he may Enjoy he
pay [crossed out] & his heirs forever he paying twelve hundred pounds of Tobacco
to my Execr. here after named or to my Children already mentioned. And as for my
plantation whereon I lived in Viginia if sold or rented I desire ye produce
thereof to be equally devided amonst my thre Children [crossed out] Sons already
named.
To my Daughter Mary Parker I give 3 Cows & Calves to be paid out of Stock at
ye day of Marridge or at the age of Sixteen.
To my Daughter Ann Parker I give 3 Cows & Calves to be pd. out of my Stock at
ye day of Marrige or at ye age of Sixteen.
I Desire my well beloved wife Eliz: Parker should have ye Priviledge of all my
moveable Estate and make use of & live on dureing her Widdowhood and before ye
Day of her Marridge or at her decease wch. shall first happen desire my hole
moveable Estate should be equally devided Amongst all my Children above mentioned
my Eldest son John Parker excepted Notwithstanding if my wife should marry I
desire she may have a Childs part.
To Eliz: Cranford I give ye first cow calfe either of my cows brings wch is
now in ye Possession of Wm. Cranford wth. all her increase forever. Lastly I
constitute appoint and ordain my Eldest Son Jno. Parker to be whole Executor of
this my last will & Testamt. utterly Renouncing Revokeing makeing void all former
will or wills by be [sic] formerly made Rattifying this and confirming this only
& no other to be my Last will and Testamt. In Witness whereof I have hereunto
sett my hand & fixed my Seal this 5th day of Septemr. in ye year of our Lord
1716. Peter Parker
Signed sealed publised [sic] and Acknoleledged in ye presenes of us
Samll. Bozeman
John Welch
Peter Parker Junr
Proved att Chowan Aprll. court 1720


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Will of Daniel Highsmith - February 19, 1807

New Hanover Co., NC Probate Records
(as printed in Highsmiths in America)

   In the name of God Amen. I, Daniel Highsmith being of sound and perfect mind
and memory (Blessed be God) do this nineteenth day of February in the year of
our Lord one thousand eight hundred and seven make and publish this my last will
and testament in the manner following: that is to say:
First: I give and bequeath unto my beloved wife Lucretia, three cows and
calves and one bed and furniture and the privilege of living in my dwelling
house during her life or widowhood.
Secondly: I give and bequeath to my sons Isaac Highsmith and Samuel Highsmith
all and singular my lands and tenements, to be equally divided between them
reserving the lower part of said lands and plantation for Isaac and the upper
part of the said lands and plantation for Samuel. I further give and bequeath
unto my two sons Isaac and Samuel all the remaining part of my stock of cattle
to be equally divided between them.
Third: I give and bequeath unto all my children not mentioned above, that is
to say, Daniel, Thomas, James, John, and Benjamin, Elizabeth, Rachel, Lucretia,
Sarah, Nancy, Dorcas, Judy and Mary five shillings a peace and no more they
being already provided for and I hereby make and ordain my beloved sons Isaac
and Samuel Highsmith Executors to this my last will and testament.
In witness whereof I the said Daniel Highsmith have to this last will and
testament set my hand and seal the day and year above written.
his
Daniel (X) Highsmith (seal)
mark


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Will of Elijah Parker - May 12, 1832

Proved Apr. 1853, Bedford Co., TN
(transcribed from a photo-copy)

   In the name of God amen - - -
I Elijah Parker Senr. of Bedford County and State of Tennessee being in my
usual state of health and mind do constitute and make this my last will and
testament revoking all other -- it being my desire to do Justice to all my
several sons and daughters.
I keep a Book where in I have set down in my own hand wrighting all the
property that I have given them as apart of there legacy, and the price an next
to the same and if I hearafter should give property to any of my children it
will be found enterd on s'd book and the different sums charg'd in s'd Book is
to be good and vallid against them as part of there lgacy or the whole as the
case may be - -
item it is my will and sesire that all my property that I may die in
possession off shall be sold on a twelve month's credit and after paying my
just and honest debts to be equally divided between them all my children to
wit Lucy Beasley Salley McGill Samuel Parker Richard Parker Priscilla Chappell
Jonathan Parker Elijah Parker Susanna Sugg Charles Parker James H. Parker Nancy
Parker and Daniel Parker - now that I may be better understood my wish is that
the whole amount charged on the Book and the whole amount of the sales of the
property shall be sum'd up together and the twelfth part of that amount is to
be each child's part
I leave Elijah Parker Jonathan Parker Charles H. Parker and James H. Parker
Executors to this my last Will and testament - in witness whereof I have hear
unto set my hand and seal this 12th Day of May in year of our Lord 1832 -

in the presents of Elijah Parker Senr. (Seal)
James H. Parker
Elijah Neeley

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Will of Thomas Ensing - December 14, 1631

PCC Audley 34, Probated 27 March 1632

   In the name of God Amen, The ffourteenth day of December in the yeare of the
incarnacon of our blessed Lord and Saviour Jesus Christ One thousand six hundred
thirtie one And in the yeare of our Soveraigne Lord Kinge Charles by the grace
of God Kinge of great brittayne ffraunce and Ireland the Seaven defender of the
true and auncient and Apostolicke faith I being in good remembrance, I thank god
for it, doe make this my last will and Testament in manner and form following
ffirst I bequeath my Soule unto Allmighty God my Creator And to Jesus Christ
my Redeemer, and to the holy ghost, my Sanctifier, three persons, one true and
everliving God, Concerning my body I committ it to the Earth to be buried at the
discrecon of my Executor not doubting but at the great day of the generall
resurreccon I shall receive it againe by the mightie power of Allmightie God,
not a weake fraile, and mortall body as it now is, but an imortall santified
body, through the meritts of Jesus Christ, Concerning my worldly goods
Item first I give unto the poore of the Towne of Rye Twenty shillings
Item I give unto my sonne Thomas Ensing tenne pounds currant money
Item I give unto my sonne David Ensinge five pounds of money my grograine
gowne and my best cloke lying at my Cosin Biggs at Cranbrooke in Kent
Item I give to my daughter Marie five pounds, and to her sonne Thomas
Couchman my godsonne three pound and to Constance and Elizabeth Couchman
Twenty shillings either of them
Item I give unto my daughter Constance Ensing five pounds All the rest of
my lands and goods wheresoever it lyeth I give unto my sonne James Ensing whom
I make my Sole Executor of this my last will and Testament Provided allway that
if my sonne Thomas Ensinge doe pay to his brother Jeames Ensing one hundreth
and twenty pouns of good and lawfull money of England at or beforre the end of
one yeare next after my decease, then Jeames shall resigne to his brother Thomas
that land I bought of Anne Wyborne before my sonne Thomas did marry with the
said Anne Wyborne, but if my sonne Thomas doe fayle in paying the hundreth and
twentie pounds as is above menconed Then my sonne Jeames to hold that land to
huimselfe and his heires for ever, he performing the payment of my debts and
legacies as above menconed I doe intreat my faithfull and loving Friend Mr.
Small hoppe Bigge to be my Overseer to this my last will, and he to have for
his paynes Twenty shillings.
In witness of the truth that this is my last Will I have hereunto sett my
hand and seale.
[signed] Thomas Ensing the elder
Witnesses hereof:
Humfrey Streete
John Bishipp

Probated the 27th day of March 1632 by James Ensing, son and executor.


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Will of Robert Daniell - July 3, 1655

Middlesex Probate Records 1:61-63

IN THE NAME OF GOD AMEN the third day of July In the year of our Lord God one
thousand six houndred and fifty five.

I Robert Daniell of Cambridge in New England, although weake in body yet of sound
mind and good understanding do make and ordeine this my last will and testament,
my poare immortall Soule I do leave in the Everlasting armes of the mercys of
God the Father in Christ Jesus. And as for my outward estate wherewith the Lord
hath bin pleased for to blesse me and for a short time to make me steward of,
my will is that my funerall expenses being first discharged that it shall be
thus disposed of as followeth, vzt. Unto my Loving wife Reanna, over and besides
that part of thee estate which I received with her uppon my marriage to her
which be covenant was to returne unto her againe at my decease, I do give forty
shillings a yeare dureing her life to be payd the one halfe in fruite [illeg.]
aples etc. and the other half in foure bushels of wheate, my will is that my
household goodes be Equally devided amongst my five Children viz to Each a fifth
part also my will is that my Eldest daughter the now wife of Thomas Fanning shall
have her fifth part Immediately after my decease and the remainder to remaine
with my Soone, Samuell untill the rest of his Bros. And sisters shall come of
age, of Twenty one yeares or mariage which shall first happen. Also I do give to
my Cousen Anna Newcomen a young Cow and to Elder Frost forty shillings; Also I do
give unto my daughter Elizabeth the wife of Thomas Fanning fifty pounds, to be
payd in Cattle and corne at or before the first of May next. Also I do give unto
my three youngest children fifty pound a peece, to be payd when they shall come to
the age of Twenty one years: with in one whole yeare after their mariage which
shall first happen, or before if my Executors shall desire the same. The remainder
of my estate I do give and bequeath the whole and entie part thereof whether
Reall or personall unto my sonne Samuell. Whom I do nominate as my Executor to
gether with my sonne in law Thomas Fanning and my Loveing Friends Richard Jacson,
and Thomas Danforth, I do hereby ordeine and make my Supervisors to see this my
last will and testament faithfully Executed according to the true Intent and
meaneing thereof, to hwom I do also in Speciall comitt the care [and] dispose of
my children, both in their minority and in [the] change of their condition by
mariage, also my will is that if [it] happen any of my children to decease before
their mariage or their Arivall to the aforesaid Age of Twenty one years that then
the portion of su[ch] the deceased shalbe and remaine to such as shall survive
and be Equally devided Amongst them to Each survivor alike proportion. Also my
will is that my Executor shall pay yearely after my decease unto my sonne Joseph
and to my daughters Sarah and Mary five pounds apeece in corne or cattle,
beginning the first payment in Aprill 1657 [altered from 1656]: the which payment
of five pounds a peese Annually shalbe in part of the aforenamed fifty pounds
apeece and I do hereby declare that it is mine Intent that the household goodes
app[er]tayneing to each of my children shal be in part of the said fifty pounds
a peece. Also my will is that my daughter Elizabeth shall have liberty to choose
in the first place her part of the household stuffe, the whole being first
divided into five Equall parts. In witness whereof, I the said Robert Daniell
[do] here unto put my hand and seale the day and yeare first above written. The
wordes between the 12th and 13th lines ["]within one whole yeare after their["]
interlined before [the] signing and sealing hereoff. Also I do hereby [fur]ther
declare my mind that the aforesaid forty shillings per Anno to my wife
shalbe payd yearly. The Apples at such [t]ime as they are gathered, and the
wheate about the last of September. And the Executors are to deliver them [at]
her house shee sending her mare or a horse for the same. Also what Tho: Fanning
hath alre[ady] rec[eive]d is to be in part of his fifty pound legacy.
Robert Daniell [seal]
Read, signed, sealed and delivered in the [presence] off:
Jno. Shepard
Tho: Danforth
Att the County Court held at Cambridge Octo:2:1655: Jno. Shepard and Thomas
Danforth [a]ttested upon oath that Robert Daniells abovee named deceased, being
of [s]ound judgement and memory made this his last will and testament:
Thomas Danforth Recorder


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