John Bennet Will
Dec. 10, 1710
IN THE NAME OF GOD AMEN. I, Jno. Bennet, of Coratuck P'cinct, in ye Albemarle, In ye province of No Carolina, being of perfect mind & remembrance, praised be almighty God, Doe make this my last will & Testamt. In manner & forme following:
First, I freely Surrender my Soul unto almighty God who Gave itt unto me hopeing to receive free pardon & remission of all my Sins through ye Infte. mercy of my Infitly. Gracious Jehovah, in & through ye merits of my precious Redeemer; & for my body to be decently buried att ye Discretion of my Extrs. or Extx. hereafter nominated.
I Give & bequeith unto my son Joseph one half this tract of land I now live upon, being three hundred & Twenty four acres, with appartenances; also from ye break to ye back ridge, Except two acres for a Chappel upon ye Back Ridge joying to Jno. Robs Land.
I Give unto my Son, Benjamin, ye other moiety or half pt. of ye sd. Tract I now live upon with ye appartenances also & furthermore I freely fully & absolutely Give unto my sd. Sons, I manner & forme afsd. & to ye heirs of their Body lawfully begotten; & for want of such issue to revert, Decend & Come to my Bror Joseph Bennet & to ye heir of his body lawfully begotten; & for want of Such Isue to revert, Decend & Come to my Couzan, William Jones of—, In No Hampton Shire & to ye heirs of his body lawfully begotten; & for want of such Isue to remaine & be for ye use of poor old men or woamen that have been honest & laborious & so to Continue to ye worlds End, always provided & Excepted & So reprised that my lawfull & loving wife, mary, shall have hold possess & quietly Enjoy my plantation I now live upon with all Conveniences & appartinances thereunto belonging or in any wise appertaineing During her Natural life. & then to revert & be as Is limited & appointed afsd.
I Give & bequeith to my Son, benjamin, half that Tract I bought of Jonh Nicker joyning on ye line of ye afsd. Tract on ye South Side & on ye line of Edward Jones Senr. on ye North Side. I freely fully and Absolutely Give unto my sd. Son ye sd. half with ye appertenances & to ye heirs of his body lawfully begotten; & for want of Such Isue to revert decent & Come to my Son, Joseph, & ye heirs of his body lawfully begotten & for want of such Isue to revert, decend, & come to my Brother, Joseph Bennet, & to ye heirs of his body lawfully begotten; & for ye want of Such Isue to remaine & bee for ye use & bennefitt of poor Children To pay for their Schooling & to remaine unto ye worlds End.
Now for ye other moiety of half pt. on ye North Side adjoining to ye land of Edward Jones, Senr., I freely, fully & absolutely give unto my Son, Joseph, & to ye heirs of his body lawfully begotten, & for want of Such Isue to revert, decend & Come to my Son Benjamin & to ye heirs of his body lawfully begotten, & for want of Such Isue to be lett by ye Elders of ye Parrish to Dispose to Charitable uses & so to Continue to ye End of ye worlds End.
For my Island I Doe freely & absolutely Give unto my two Sons, Jos. & Benjamin, for ye breeding young Cattle & horses & to be undevided to them & their heirs lawfully begotten, & for want of such Isue to revert, decend & come to my Couzan Towers frith & to ye heirs of his Body lawfully begotten, & for want of such Isue to remaine & be for ye use & benefit of ye poore of ye No west River & so to Continue to ye worlds End.
Now for my Tract of land Lying on ye East Side Moyoke Creek, being three hundred & fifty acres my whole mind & will is that itt shall be Sould & ye money laid out to buy Servants by my Executris & my wife to have ye use & benefitt of themm During her Natural life, & then to be equally devided between my abovesd. two Sons, provided always, & my further will is, that if either of my two Joseph & Benjamin or ye heirs of either of them Doe attempt or Goe about to doe any act, or acts, thing or things to alien or discontinue ye lands, Tenements & hereditamts. or any pt. or parcel thereof, to them, either or any of them by me Given & bequeithed in manner & forme afsd. either by Testment, fine, recovery or otherwise by any ways or means so that ye same lands & every and parcel thereof, Can not, or my not, decend, Come, remaine, revert, & be in manner & forme before this my will limited, declared & appoint & according to ye true Intent & meaning of this my Gift, will and last Testamt. yt then Immediately & from thence froth ye Estate, Enterest & Title of him or them so attempting Doeing or Going about any Such act or acts, thing or things, as afsd., then Immediately & from thence forth ye Sames shall remaine & be to such person or persons as by this my last will is limited & appointed in manner & forme & upon ye like Condition or Conditions as though he or they so attempting or Going about any act or acts, thing or things, in forme afsd. near & Indeede any thing in this my p'sent last will afore mentioned or declared to ye Contrary notwithstanding * * * (Illegible). * * * (Illegible) Estate with in ye province of No Carolina my whole mind & will is that my Wife Shall have ye one half During her Natural life & then at her Decease, to Give itt to one of my Sons or both of them or to one Grandchilde of mine or to all of them or to Either during (?) one as afsd according to their Care of or Kindness to her. Now for ye other half of my afsd. Estate my whole & mind & will is that itt be equally devided between my above sd. two Sons, furthermore my whole mind & will is that my Wife shall have anything Except Cattle & hoggs of my Sons pts. paying them for what she shall Chuse for her use being Duely appraised, & my further will is that forty Shillings be taken of my whole Estate before any devesion be made to pay for ye Schooling of two poor Children for one whole year.
Now for my house & land & houshold Goods with all other Goods & Cattle arriving (?) to my wife by a legace of two hundred & fifty pounds Given unto her by her Grandfather Mr. Richard Nesent (?) of South pedeeton in Sumenersett Shire, with in ye realme of old England, my whole mind & will is that my wife shall have ye one Moiety or half pt. & ye other Moiety or half pt. to be equally Devided among all my Grand Children.
& what is my proper rite house, Cisterne, houshold Goods, & other things I Give to my afsd two Sons, Joseph & Benjamin, yt is to say that wch. was left in Burmodas att my first wifes Coming away to me Into Corowtuck: & my further mind will is that thay my adopted Son, Sampson Goldard, shall have land upon either of my Sons Tracts by me Given with in one Quarter of a mile of either of my sd Sons plantations During his Natural life; & one heifer wth. Calf & one sow with pigg, provided he live with my wife untill he be of ye age of one & Twenty & behave himself Dutifully towards her.
And I Doe make ordaine & appoint my wife, mary, my Sole Executrix of this my last will & Testamt. If She doe live to prove this my last will & Testamt. & it Please God to take her out of this Sublunary world before ye afsd probation then my whole mind & will is that my son Joseph shall be my Executor, & my Son Benjamin to succeed my Son Joseph in his Executorship if Death so Cause a necessity & I revoke & make void & null all other wills & Testamts.
In witness whereof I have hereunto Sett my Seal this Tenth of December, Anno, 1710.
Edward E.C. Cob
Edward E.S. Stafford
Source: Will Book 2, Page 49 - Office of the Secretary of State
Transcribed by Marla Walker Beasley. No part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, I would strongly suggest that you look at the original will found at the North Carolina Archives on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2009 by Marla Beasley