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Currituck County Wills
This will was very difficult to read although it was intact with only two or three small holes in it. There were at least 8 creases where it had been folded for the past 285 years. The will was extremely yellowed with age but given the amount of time that has lapsed since it's writing, I would venture that the original is in very good shape. For words that we could not see or did not understand we used blanks or bracketed explanations. The grammar, as well as the handwriting, was quite good for that era. Any serious researcher interested in this will should order a copy from the North Carolina Archives.
In the Name of God Amen I William NICHOLSON of ye Precinct of Corratuck in ye County of Albemarle in North Carolina Being in perfect Helth Mind and Memory But Knowing that it is appoynted once for all Men to Die and Knowing the unsertainty of this Life Do therefore make this My Last Will and Testamt in manner and form ffollowing ffirst of all I Recommend my Soul to the hands of Almighty God who gave itt hopeing ___ ye Merritts of My Blessed Saviour ___ Compassion and forgiveness for all ye Sins that I have Comitted in This evil and Wicked World Secondly My body to be buried in [Decent?] Christion manner as my Execetor Appoynted Shall think fitt and Convenient. I will that first of all My Just Debts and ffunirall Charges be Completely Sattisfied Contented and Paid out of [my estate?].
Item I Give and Bequeath to my Son Josiah NICHOLSON My Mannor Plantation whereon on [sic] I Now Live [inserted: with a hundred Acres of Land belonging to ye Same] [next several words in a crease and unreadable] of his body Lawfully begotten for Ever but if my Said Son Should Depart this life with out Lawfull Ishue [next several words in a crease and unreadable] is that ye afore Said plantation and Tract of Land be Equally Devided between My Other [torn] Sons and be to them and ye heirs of their bodys Lawfully begotten as Afore Said and So to fall if any of my Children holding Lands by virtue of this will Die without Lawfull Isue as afore Said then the Said Lands Given them to fall from heir to heir for ever.
Item I Give to my Son Theofilas NICHOLSON ye Southernmost Part of my Tract of Land Whereon I Now Live Cauled LE_____ with one hundred Acres of Land to ye Same belonging to him and his heirs for ever but if my Said Son Die without Lawfull Isue then the Said Land to be Equally Devided Between my other Two Sons in Equally Devided [betwixt them and to be as them and?] their heirs lawfully begotten for ever if Any but if Not to my Next heirs and so to Descend and be from heir to heir for ever.
Item I Give to my Son Anthony NICHOLSON the Norwardmost part of my Said Tract of Land with one hundred acres of Land to ye Same belonging to him and his heirs for ever Lawfully begotten Cauled MATHEW?s. I Give ye Said Land to him and ye heirs of his body Lawfully begotten if any but if my Said Son Die without Lawfull Isue [crease] that ye Said Land be equally devided between my Other Two Sons and be to them and ye heirs of their bodys Lawfully Begotten for ever if any but if Not then to Descend and be amongst the Rest of my Children and So to Descend from heir to heir for ever.
Item I Give to my Daughter Sophiah NICHOLSON ye Eastwardmost? part of my Tract of Land cauld GIBSONs as far as a Marked Pine Standing on ye South Side of GIBSONs Land to her and her heirs for ever Lawfully begotten if any But if None then ye Said Land to and be to my Younger Daughter Naomy and ye heirs of her body Lawfully begotten for ever if any but if not then ye Premises Eastward? most? Land to my Sons and the heirs of their Bodies Lawfully begotten for ever and So to Descend and be from heir to heir for ever.
Item I Give ye Southward Part of that Tract of Land to my Daughter Naomy NICHOLSON from ye afore Said marked Pine Standing on ye South Side of GIBSONs to the Marked Line Parting ye Premises and that Land whereon Thos SIMONS Now Lives. I Give ye Said Land to my Said Daughter and to ye heirs of her body Lawfully Begotten for ever but if my Said Daughter Die with out Such Ishue My will and Desier is that my Daughter Sophiah have ye Said Land and her heirs Lawfully begotten for ever if any but if None then the Said premises to Decend and be to my [torn] and ye heirs of their bodies Lawfully begotten for ever.
Item I Give to my Daughter Theodosia [last name too dim to read] the tract of Land where on She Now Lives to her and ye heirs of her body Lawfully begotten for ever but if my Said Daughter Die without Such Ishue my Will is that ye Said Plantation and Tract of Land Return to my Sons and their heirs for ever.
Item I Give to Sarah SIMONS ye plantation and Tract of Land Where on She Now Lives According to ye Bequests? Already made there on to her and ye heirs of her body Lawfully begotten for ever if any but if None my will is that ye Said plantation and Tract of Land Return to my Sons and their heirs for ever.
Item My will is that all and Every Part and Parcell of my movable Estate be Equally Devided between my Son Josiah my Son Theofilas my Son Anthony My Daughter Sophiah My Daughter Naomy and be to them and their heirs for ever Also I make ordain Nominate and Appoynt My Son Josiah NICHOLSON My Whole and Sole Executor of this My Last Will and Testament Revoakeing all (Turn Over) other will or wills [by me formerly?] made and only Acknowledging this to be my Last Will and Testament Also my Will and Desier is that my ffriends Mr. Humphrey VINCE and Mr. Joseph WICKER be Over Seers and Trustees to my Said Son [unreadable] NICHOLSON as his ________? _______? Till he Comes to age Witness my hand and Seal the [smudge] day of Octobr? Anno 1721.
Signd Seald in Presents of
Andrew [The Mark of] HUDDEY [his mark was an "S" on it's side]
John [The Mark
IC of] CRABB
North Carolina } SS
This Will was Provd in Open Court the 8th Day of Octobr anno Dom 1723 by the Oathe of John CRABB
Test Jos WICKER Clk Court
[Source: North Carolina State Archives - MARS ID: 188.8.131.522 (folder)]
This will was a joint transcription by Marty Holland & 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!
© 2006 Kay Midgett Sheppard