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Currituck County Wills
Jan 27, 1734/5 - July 1, 1735
[There are two copies of this will, each written in a different handwriting. The first will has no signature or witnesses so far as I can tell. The second will is written in almost the same words but does contain a signature and witnesses. The will below is a transcription of the second will.
In the Name of God amen the 27 Day of Janeuery in the year of Lord God 1734/5. I John GARRET of the precinct of Corotuck and County of Arlbermarl in the province of north Carolina planter being very Sick and weak in body but of a perfect mind and memory Thanks be given to God therefore Calling unto mind the mortality of my body and Knowing that it is appointed for all men once to Die Do make and ordain This my Last will and testament That is to Say and first of all I Give & Recommend my Soul into the hands of God That gave it and for my body I Recommend it to The Earth to be buried in a Christian like and Descent manner at The Diseretion of my Executrix nothing Doubting but at the general Resurrection I Shall Receive the Same again by the mighty power of God and as Touching Such worldly Estate wherewith it hath Pleased God to bless me in this life I Give Devise and Dispose of The Same in the following Manner and form.
Imprimis - I Give bequeath to Sarah my Dearly beloved wife whom I Likewise Constitute make and ordain my only and Sole Executrix of this my last will and testament all and Singular any Leases? houses Cattle Goods and Chattles and my moveables and immoveable Estate Except Ten head of Cattle which be of my two Sons John and Johnathan GARRETs proper mark all others of These my goods and Chattles by her freely to be possessed and Injoyed Dureing life in her widowhood and at the Day of her Death or marriage all these my goods and Chattles to be Equally Devided between my two Sons John GARRET and Johnathan GARRET by them freely to be possessed and Injoyed.
Item - I Give and bequeath to my beloved Son John GARRET five head of those Cattle above Excepted being of his own proper mark by him freely to be possessed & Injoyed.
Item - I give and bequeath to my beloved Son Johnathan GARRET the other five head of Cattle above Excepted by him freely to be possessed and Injoyed and I do hereby utterly Disallow revoake and Disannul all and Every other former Testament wills and Executors by me in any ways before this time Named Ratifying and Confirming this and no other to be my last will and Testament in witness whereof I have hereunto Set my hand and Seal the Day and year above written
/s/ John [his x mark] GARRET
Signed Sealed published Pronounced and Declared by the Sd John GARRET as his Last will and testament in the presence of us Subscribers
North Carolina } At a Court held for the Said Precinct at the Courthouse the first Day of July Anno Dom 1735
Currituck County }
Present His Majesties Justices
These may certifie that John HOWREN and Samuel STEVENS Two of the Subscribing Evidences to the within Will appeared in Open Court and made oath on the Holly [sic] Evangelist that they were Present and Saw John GARRET Sign Seal and Declare the within to be and Contain his Last will and Testament and that the Said John GARRET was then and there at that [time] of Sound & Disposing Memory and that they also saw Samuel JARVIS the other Subscribing Evidence Sign his Name thereto at the Same time. Also appeared Sarah GARRET Executrix in Open Court and took the Executrix Oath in due form of Law. Ordd by the Said Court that the Horble Nathl RICE Esqr Secretary of this Province have Notice hereof and on the within Executrix her taking the _______ appointed for Exetrs that Letters Testamentary Isue thereon as the Law Directs.
Test: James CRAVEN
[Source: North Carolina State Archives - MARS ID: 188.8.131.520 (folder)]
This will was contributed by Kay Midgett Sheppard. No part of this document 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, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2006Kay Midgett Sheppard