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In The Name of god Amen the fourth Day of March 1753 I Henry SIMMONS of Curotuck being Weak in Body but of good and Sound in memory thanks be to allmighty god for it & Calling to Remembrance the uncertain Estate of this transitory life & that all flesh must yield to Death When it Shall Please god to Call Do make Constitute ordain & Declare this my last will and Testament in manner & form following Revoking & Disanuling by these Presents all and Every Will & Wills here to fore by me made Either by Word or Writing & this is to be taken only for my last Will and Testament & None other & after my Body being Buried in Such a Desent manner as it Shall Pleas my Executors hereafter Named to appoint & now for ye Setling of my Temporal Estates Which it hath Pleased god to bestow upon me--
Itom I give to my Daught[torn]ethier Some Cattle and a horse an Some other Small trifells being in full What Ever I alotte[torn]stow upon her and as it hath pleased god to take her out of this ____ my Will and Desire is that [torn]d and Children may Quietly keep What I have possesd herewith and no more of my Estate.
Itom I give to my Daughter Rhoda four Cows and Calves at her marriaige.
Itom I give to my Son Hilary SIMMONS all the Creatures in his own mark his horse or the money that he Sold him for one Bible one great Book his gun and Sword.
Itom I give to my Son Solomon a Cow and Calf that is in his own mark to have it Readily at my Death and one Cow and Calf to be paid to him When he Comes to the age of Eight teen years old.
Itom I give to my Son Asa the Cows that his Brother Henry Prayed me to give him. I allso Desire that he may have one Cow and Calf paid to him When he Comes to the age of Eighteen years old and a gun.
Itom I give to my Son Thomas one Cow and Calf to be paid When he Comes to the age of Eighteen years old. I all So Desire that he may [torn] the Heifer that his Mother then? gave him.
Itom I give to my Daughter Abiah one Cow and Calf to be paid at my Death one Feather Bead and furniture. I allso give her one Cow and Calf one puter Dish and too puter Basons and too Puter Plates to be Paid her at ye Day of marraige or at age. I allso give to my Daughter Joyce [definitely looks like "Joyce" but could mean "choice"] two Cows and Calves to be Paid her When She Comes at the age of Eighteen years old.
Itom I give to my Well beloved Wife Deborah SIMMONS one feather Bed and furniture my Soral mair too Cows and Calves one Hackle the Wheels and Cards all that I have too Smoothing Irons.
Itom I give and beqeath to [torn] Son Hilary all my Land and Plantation only I Do here by Bind him to pay to his Brother [torn] ten Pounds procklamation money and So Doing my Desire is that my Son Hilary may have all my L[torn] and plantation to him and his heirs for Ever my Son Henry who is lately Dead Desired to give [torn] Small matters Which he had got by his W[smudge].
Itom my Will and Desire is that after all my Debts is paid my Whole Estate may be Equally Devided amongst? my Wife and Children that is a Living at that time only my Desire is that if my Daughter Rhoda Should Dye before She is Possessed with What I give her then that her Son Henry may have all her part.
Itom I all So appoint my Well beloved Wife Deborah SIMMONS With the a Sistance of my Son Hilary SIMMONS to be my Whole and Sole Executors to Pay and Dis Charge this my last Will and Testament first my Debts and then my Legicies in Witness Where of I have have [sic] hereunto Set my hand and fixt my Seall this Eight Day of march in ye year of our Lord 1753. [It states March 4, 1753 at the beginning of this will so I have no idea which day is correct.]
/s/ Henry SIMMONS Seal
Solomon [his S mark] SIMMONS
North Carolina Currituck County} March County Court anno. Dom 1755
Present His Majesties Justices
These may Certifie that James PHILLIPS appeared in Open Court and made oath that He was present and saw Henry SIMMONS Sign Seal publish and Declare the within writing to be and Contain His Last will and Testament and that the Said Henry was then and at that time of Sound and Disposing memory and at the Same time Hilary SIMMONS appeared in Open Court and Took the Executors oath in Due form of Law. Ordered that the Honble Henry MURRAY Secretary of Said province Have Notice thereof that Letters Ishue thereon as the Law Directs.
Test William SHERGOLD CC
[Source: North Carolina State Archives - MARS ID: 18.104.22.1685 (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!
© 2006 Kay Midgett Sheppard