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Currituck County Wills


Samuel
Salyear, Sr.
Dec. 1, 1821 - Feb. Term 1822
Currituck Co. Will Book 3, pp. 122-126

State of North Carolina
Currituck County

In the name of God Amen.

I Samuel SALYEAR SENR. Of the State and County aforesaid being in a low state of heath but of sound mind and memory thanks be to God for the same. Calling to 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 in manner and form following to Wit.

Item. I give and bequeath unto my Son John B. SALYEAR the Land and plantation whereon I now live with all the Appertenances thereunto belonging bounded on the south On the land of James WHITEHALL and on the north on the Land of Samuel SALYEAR JUNR. to him and the heirs Of his body lawfully begotten forever, but in case my said Son should die without such heir or heirs then I give the said Land and plantation to my Daughter Susanna SALYEAR And her heirs forever. Also I give and bequeath unto my Son John B. SALYEAR the piece of land I bought of Lewis WILLIAMS containing seventy one and a half acres of land To him and the heirs of his body lawfully begotten of his Body forever but in case my said Son should die without Such heir or heirs then I give the said land unto my Daughter Susanna SALYEAR and her heirs forever.

Item. I give and bequeath unto my Son Francis SALYEAR the land and plantation I bought of James TAYLOR to him and his heirs forever. Also I give unto my Son Francis SALYEAR fifty acres of swamp land out of the deed and land I bought of Samuel JARVIS lying back of the land formerly belonging to Joseph GRAY deceased to him and his heirs forever.

Item. I give and bequeath unto my Son Samuel SALYEAR one piece of swamp land I bought of Jarvis ALLEN containing seventy one and a half acres to him and his heirs forever.

Item. I give and bequeath unto my Son John B. SALYEAR the other fifty acres of swamp land out of the deed of Samuel JARVIS to him and the heirs of his body lawfully begotten forever but in case my said Son should die without such heir or heirs then I give said swamp land unto my Daughter Susanna SALYEAR and her heirs forever.

Item. I give and bequeath unto my three Sons Samuel SALYEAR John B. SALYEAR and Francis SALYEAR all my privilege of swamp lands lying back of James JARARDs and Richard ALLENs refference being had to the will of Thomas TAYLOR deceased and the deed of James TAYLOR the privilege will fully appear to them and their heirs forever.

Item. I give and bequeath unto Daughter Julia SALYEAR all my land lying on the east side of the main road joining the land of Daniel LINDSEY SENR. Also the piece of land I bought at the vendue of Nathan TATUM deceased to her and her heirs forever. Also one piece of swamp land lying back of the land where Nathan TATUM deceased formerly lived containing one hundred and eighteen acres to her and her heirs forever.

Item. I give and bequeath unto my three Sons Samuel SALYEAR John B. SALYEAR and Francis SALYEAR one Island called Mossey Island to them and their heirs forever. Also I give unto my three Sons Samuel SALYEAR John B. SALYEAR and Francis SALYEAR all my lands on Piney Island that I bought of Thomas SIMMONS and William WOODHOUSE to them and their heirs forever.

Item. I give and bequeath unto my three Sons Samuel SALYEAR John B. SALYEAR and Francis SALYEAR and my two Daughters Julia SALYEAR and Susanna SALYEAR one hundred acres of swamp land out of my pattent that lyeth back of John T. HAMPTONs to them and their heirs forever.

Item. My will and desire is that after my decese my executor hereafter named sell at six and twelve months credit all my lands on the Banks lying at the whale's head and where Mr. William LUTTS lives together with all my stock of all kinds on the Banks, also the balance of my swamp land not given away lying back of John T. HAMPTONs and the cypress swamp I bought Zachariah TAYLOR & Mary TAYLOR.

Item. I give and bequeath unto my Wife Julia SALYEAR one negro man called Jubeter one negro woman named Molly to her and her heirs forever. Also the use of a negro girl Bridget and her increase if any to be equally divided amongst all my children to wit. Samuel SALYER John B. SALYEAR Francis SALYEAR Julia SALYEAR and Susanna SALYEAR to them and their heirs forever.

Item. I give and bequeath unto my two Grand Sons Samuel SALYEAR and Edward SALYEAR one negro man named Jack to be under the direction and management of their Father untill the youngest comes to the age of twenty one years to them and their heirs forever.

Item. I give and bequeath unto my Son John B. SALYEAR one negro man named March together with my shop and all my blacksmith tools to him and his heirs forever and if he should die without lawful heir of his body said negro, shop and Black Smith tools to be sold and the money to be equally divided amongst his Mother and Brothers and Sisters Julia SALYEAR His Mother Samuel SALYEAR John B SALYEAR and Francis SALYEAR his Brothers, Julia SALYEAR and Susanna SALYEAR his Sisters to them and their heirs forever.

Item. I give and bequeath unto my Son Francis SALYEAR one negro boy named Wallis also one negro boy named Charles to him and his heirs forever.

Item. I give and bequeath unto my Daughter Julia SALYEAR one negro boy named Ned also one negro boy named Benn to her and her heirs forever.

Item. I give and bequeath unto my Daughter Susanna SALYEAR one negro fellow named Will also one negro boy named Jubiter one negro boy named Allick one negro girl named Molly but if John B. SALYEAR should die without issue so that my said Daughter Susanna SALYEAR possess the land agreeable to the gifts in this will then and in that case I give the above named negro boys Jubiter and Alleck to be equally divided between my Wife Julia SALYEAR my Grandaughter Sally SALYEAR Son Francis SALYEAR Daughter Julia SALYEAR and Susanna SALYEAR to them and their heirs forever.

Item. My will and desire is that my two old negroes Sam and Tempt remain on my plantation under the direction of my Wife Julia SALYEAR for the purpose of helping to raise my youngest children.

Item. I give and bequeath unto my Wife Julia SALYEAR two feather beds and furniture her choce to her and her heirs forever.

Item. I give and bequeath unto my Daughter Julia SALYEAR one feather bed and furniture her Mother's choice to her and her heirs forever.

Item. I give and bequeath unto my Son John B. SALYEAR one feather bed and furniture his Mother's choice to him and his heirs forever.

Item. I give and bequeath unto my Son Francis SALYEAR one feather bed and furniture his Mother's choice to him and his heirs forever.

Item. I give and bequeath unto my Daughter Susanna SALYEAR one feather bed and furniture her Mother's choice to her and her heirs forever.

Item. I give and bequeath unto my Wife Julia SALYEAR one mare named Dov(?), one double riding chair and harness one mare her choice two cows and calves two ewes and lambs two sows and pigs one walnut chest one hair trunk to her and her heirs forever.

Item. I give unto my Daughter Polly TATUMs children Sothey TATUM Elly TATUM William TATUM Sally TATUM and Betsey TATUM twenty dollars each to be raised out of my estate to them and their heirs forever.

Item. I lend the use of one horse one yoak of steers and cart one horse cart two fishing canoes as many of my farming tools as will support the plantation four pots my Wifes chair one large dining table six chairs one stand unto my Wife Julia SALYEAR during her widowhood and after her marriage or death the above articles to be sold and the money arising from the sale of said property to be equally divided between my Wife Julia SALYEAR and my Son John B. SALYEAR Frances SALYEAR Julia SALYEAR my Daughter and Susanna SALYEAR my Daughter to them and their heirs forever.

Item. My will and desire is that after my decease my executors sell my vessel if I have any at my death at publick sale for six nine and twelve months credit the notes to draw lawful interest from the date.

Item. My will and desire is that the beds given my children in this will be kept by my Wife Julia SALYEAR untill they come of age or marry and not be sold by their Guardian.

Item. I give to my Wife Julia SALYEAR and her children as much of my stock crop and provisions as will be sufficient to support them and family one year and the year's provision to be set of Thomas POYNER Isaac BAXTER Samuel SALYEAR and Jesse BARNARD you will understand there is no live creature to be given in this gift only such as killed for immedate use.

Item. I give unto my Wife Julia SALYEAR my loom stays geers also all the cotton wool and flax on hand also all my wheels to her and her heirs for the purpose of clothing her family.

And lastly I nominate and appoint my Son Samuel SALYEAR and my friend Isaac BAXTER and Thomas POYNER executors to this my Last Will and Testament revoking all other will or wills by me made ratifying and confirming this to be my Last Will and Testament In witness whereof I have set my hand and seal this 1st day of December 1821.
    /s/ Samuel SALYEAR     seal

Signed sealed pronounced published and declared by the Testator to be his Last Will and Testament in presents of

Thomas POYNER    jurat
Charles HARDY      jurat

Recorded and examined 22 the day of April 1822

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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2004 Marty Holland