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Currituck County Wills


Spence
Hall
Sept. 3, 1807 - May 30, 1808
Currituck Co. Will Book 2, pp. 330-336

Note: This will has several holes in it I will put "---" where there is a hole and try to fill in when it is possible.

State of No. Carolina
Currituck County

In the name of God Amen, I Spence HALL of Currituck County being in my perfect senses and strength of memory do make and ordain this instrument of witing to be and contain my Last Will and Testament in manner and form following

First I recommend that all my just debts be punctually paid by executor hereafter to be named and as touching such worldly estate as it has pleased God to bless me with I dispose of in the ----------(following?) manner and form as followeth

Imprimis: I give to my loving Wife Polly HALL one negro girl called Sukey and one young mair called Jula and my double riding chair two feather beds and furniture and all my silverspoons to her and her heirs forever. I likewise give to my said Wife Polly HALL all the corn fodder and peas that is raised on this my manner plantation and if not enough as much from my other plantations here on the point as will be sufficient for her families use one year, likewise I give to my said Wife Polly HALL all my estate(?) furniture and two hundred silver dollars to her and her heirs forever.

Item: for the use and perpose of raising and schooling my children or so much schooling as she is able to do and to raise my young negroes I lend to my said Wife Polly HALL for and during her widowhood and no longer the land houses and plantation I now live on I also lend her during her widow hood and no longer all my negroes ( except a boy by the name of Jack) both male ------------ I also lend to my said Wife Polly HALL during her widow ------------all my household and kitchen furniture all my -------------------- plantation where on I now live ----------------- above mentioned stock only means ------------------------------------------- which above lent or lones is in ----------------------- my said Wife might have -----------------during the widowhood of my said Wife and for the perpose of raising and schooling my children as much as she can ----- them in the County and also to raise my young negroes till she marries or decease at which time the said estate property and every ---- there of is to return and be a part of my estate and shall go and decend as I ----- here after and or divise.

Item: I lend to my Wife Polly HALL for and during her widowhood and no longer all my plantation tools and my canoe and set nets and seine and all my salt and provisions now on hand. My will is that my Wife Polly HALL have the rent of the plantation whereon Ally GREVES lives during her widow hood and no longer

Item: I give and bequeth to my Son Spence HALL the houses land and plantation I now live and after the mariage or death of my Wife Polly HALL beginning the water at Jehu HALLs line then a southery course along the water to the southeast corner of the fence as it now stands of this manner plantation then a southwest course through the woods to Samson ETHERIDGEs line then a northerly and westerly course to Jehu HALL line these do on this line to the first beginning and also the one half of my lands and stock on the Banks and negro boy called Jack and one riding horse (if his mother can spare one) to him and his heirs also I give to my Son Spence HALL my watch.

Item: I give to my Son James Gallin HALL the land and plantation that I bought of Jesse SIMMONS as pr deed from said SIMMONS and all the stock of mine that is on the said land to him and his heirs for ever.

Item: I give to my Son Jurden HALL all the land and plantation lying on the end of Powels pint that I bought of James MELSON pr. deed and also the one half of my land and stock on the Banks to him and his heirs forever.

Item: I give to my Daughter Sidney HALL the land and plantation that Ally GREIVES now lives on binding the ????? and Samson ETHERIDGE li__ bound(?) to the land already given to her Brother Spence and then down the said land of her Brother Spences to Currituck Sound to her and her heirs.

Item: Should my Wife Polly HALL be pregnant at the time of my death and the said child should live I give and bequeath ----------------- the land that I hold to the north of Tulls ------ ------- about two(?) hundred acres as pr. deed from ----------------- in strong(?) will shees to it and -----------------------

Item: I ----- the use --------- to my Wife Polly HALL till the year of our Lord one thousand eight hundred and twenty should ----- both live so long on conditions that he should not be hired(?) nor sold during the said time.

Item: Should the child that my Wife is now pregnant with die before it comes to the age of twenty one year then and in that case the land that I hold to the north of Tulls Creek mentioned to the said unborn child be divided between Spence HALL and James Gallin HALL except it should so happen that the said unborn child should have a lawful heir born of its body then the above gift to Spence and James my Sons is to be void.

Item: I give to my Son Spence my best(?) gun my will is that my Son JamesS G. HALL have our Supe Ladle(?)

My Will and Desire is the the Schooner Farmer be sold in the following manner at publick vendue Viz. one third of the purchas money to be paid at the expiration of eight months one other third to be paid at the expiration of sixteen months and the last third to be paid at the expiration of two years the notes to bear interest from the day of sale till paid with at least two good and sufficient securrities my Will is that my sailing boat be sold and every useless(?) and darnagable(?) thing of my estate that my executor may think ????? I suppose I have about fifteen hundred dollars in cash and about the same sum in notes my will is that all my cash ????? out and that no one must have more than three hundred dollars and that with giving two good securities and that all my notes that is on ???? and be received ----- my executrix can make it convenient and that --- good and sufficient securities and that those that -------- by note and refuses so to do that suit be brought ------- them amediately.

Item: My will is that my Schooner -------- running as long as my executrix shall think --------long she remains a widow and that my Wife ---------- priviledge of sending by the said schooner for ----------- as her family may be out such as salt sugar molasses(?) tea chocalate and necessary clothing for her self and children the above she is priviledge to do so long as she remains a widow and no longer and the remainder of what my said Schooner may earn more than what my Wife is priviledge to send for is to go and be a part of my estate and at the death or mariage of my said Wife Polly HALL or schooner if she shall then proper my will and desire is that the said Schooner be sold on the same terms that the Schooner Farmer is ordered to be sold on.

Item: I leave the use of my wind mill to my Wife during her widow hood if she shall think proper to keep her so ---- but she may sell the said mill whensoever she pleases for the benefit of my estate. My will and desire is that five hundred dollars be appropriated out of my estate for each of my Sons for their education and that the said five hundred dollars with the interest which may accrew of it be laid out _n each of them in addition to what their Mother is to do for them and that one hundred dollars for each of my Daughters be appropreated out my estate for their education in addition to what their Mother will do for them and as I have views of having my Son James G. HALL educated for a Doctor and should he be inclinable to take learning my will and desire is that after the five hundred dollars above mentioned to him be expended that he have a sufficient education to inable him to stedy phisic out of his own part of my estate if it takes every thing he will have coming of my estate except his land and negroes.

Item: My will and desire is that my old negro man Lamb if he think he can maintain hisself go at his liberty from the time of my death and if not that he should have so(?) personale maintainence out of my estate as long as he lives.

Item: My will and desire is that my two negro men Viz. big George -------- George both set at their liberty on the first day of -------- in the year of our Lord one thousand eight hundred ------------- at which time I suppose they will be about fifty -------- of age and should their be a division of my negroes ---------among my children the said Big George and Little George(?) to come into division but be hired out for the ------------ children that is Big George and Little George ---------------------- the him.

Item: My will and desire is that at the death or marriage of my Wife Polly HALL that all my personal estate (negroes excepted) that is not legacied away by this will be sold by my secondary executor here after to be named for twelve months credit the purchacers __iving notes with approved sercrities to bear interest from ---------- till paid.

Item: at the death or marriage of my Wife Polly HALL my will and desire is and I do order it so to be that all my property that may belong to my estate at that time of what nature so ever including my negroes and everything elce that is not already given away by this will be equelly divided among all my children that is then living whether born or unborn at this time. My will is that John ROBERTS may have the land he now lives on at the same rent and terms if he choses till my Son James G. HALL comes to the age or wants ------ my will is that my Point place be rented out to the best advantage for Jurden till he comes to age and so that only one half may be tended in Indian corn of a year.

Item: My will and desire is that my Son Spence HALL shall have fifty dollars out of my estate for each year till he comes of age to make him nearly equal to his Brother who will have the rents of their land when he will have none this gift or desire(?) is to take place notwithstanding anything before contained in this will.

Item: I do nominate ordain and appoint my well beloved Wife Polly HALL my whole and sole executrix of this my Last Will and Testament so long as she continues or remains a widow and no longer during which time of her remaining my executrix she is to have the care of my children and of their education to se that their property is taken care of to the best advantage for them and is to have this my Last Will and Testament excuted and performed to the utmost of her power as long as she continues my executrix which is till her death or marriage and no longer and during the time of her widowhood she is hereby appinted guardean to all my children to see ----- estate managed to the best advantage and is hereby in----------- -----ing the term(?) of her widowhood to do and execute my ----------- thing or matter that as executrix or a guardean -------- -- and purform agreeable to the ----- interest ------------ this my Last Will and Testament ---------------------- a widow and at the marriage of ------------------------ all her power as executrix of this my --------------------------- and guardian to my children is to ---------------------- is to have no more power as executrix ---------------- then if she had never been named ---------------Last Will and Testament but at her marriage she ----------------- ---erty that's belong to my children and to ------------------------ of my estate of what nature ----- with secondary executor hereafter to be named and appointed.

Lastly I do nominate appoint and ordain my friend Thomas POYNER Esquire my whole and sole executor of this my Last Will and Testament to take place at the time of my Wifes Polly HALLs death or marriage and not before and I do hereby give and grant to my said secondary executor Thomas POYNER as full and ample powers as executor to this my Last Will and Testament to commence at my Wifes death or marriage as if he had been oregenally appointed executor to this my Last Will and had taken place amediatly after my death and my last named executor is hereby empowered at the death or marriage of my first named executrix to take all my estate into his hands and to use all lawfull means to bring my first named executrix (if living) to a full settlement of all my estate of what nature and take it out of her hands or the hands of any other person in whose hands she may have placed it and finely to do and cause to be done and performed everything part and parcel of this my Last Will and Testament in the same manner and with the same power as if my first executrix had contained as such by living a single life till she had fully performed this my Last Will and Testament and I perticularly injoin upon my second named executor if ever he take place as ???? to be perticular to the education of my Boy children as mentioned in this my Last Will and Testament and as to my girl children I leave the education of them ???? Wife Polly HALL as long as she live whether she be ????? or single(?) and if she should die before her Daughters is raised for -------- what shall take them to bring them ---------- further education which is onfirmed by this ---- ----- --- Testament and I do hereby ratify and con------------------- other to be my Last Will and Testament in ------------------------------ this third day of September 1807 ------------------------ declared this instrument of writing -------------------- Last Will and Testament and also --------------------------- my seal to the same in the presents --------------------
    /s/ S. HALL     seal

Signed sealed ________ Testament _________
    Hosea _______
    Salathale
[his x mark] CAPPS
    POLLY
[her x mark] CURLING

[Note: There is no probate date given nor the clerk's name on this will. From Currituck County Court of Pleas and Quarter Sessions, May 30, 1808: "The last will & testament of Spence HALL Esq. decd. was exhibited in open Court & proved by the oath of Zo. Harrison a subscribing evidence thereto & at the same time Polly HALL executrix therein named qualified & returned an inventory. Ordered that the exr. of Spence HALL decd. sell a vessel called the "Farmer" & sail boat & sundry other property of the perishable part of said estate & make return."]

This will was contributed by Judy Merrell Brickhouse. 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!

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2003 Marty Holland