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Thomas Simmons, Sr.
Feb, 22?, 1755 - Sept. Court 1755

In The Name of god Amen February the 22? day Annodom 1755.  I Thomas SIMMONS SNr of the County of Coretuck and Province of North Carolina Being Well Stricken in years But in perfect health mind and memory thanks Be Given unto god there fore Calling to Mind the Mortality of My Body and Knowing that it is appinted unto all Men once to Dye do Make and ordain this my Last Will and testament that is to Say Principly and first of all I give and Recommend my Soul into the Hands of God that gave it and my Body I recommend to the Earth to be Buried in Decent Christan Burial at the discretion of My Executors 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 Where with it hath Pleased God to Bless Me in this Life [crease] and dispose of the Same in the folowing Manner and Form--

Item  I give and bequeath to my Three Eldest Sons the Plantation and Land Where I Now Live to Be divided hereafter Shall be Mentioned to my Son Thomas SIMMONS I give the Land Binding on Thomas TAYLORs Line the Eastermost Side of the Road as the Road Now is With A part of the Plantation to a Cartin Black Walnut tree Standing by the Road Side and from that to a Black Mulbery tree Standing in the Eastermost Side of the plantation and from thence an East North East Course to the Bay Side to My Son Samuel SIMMONS I Give the Remainder of the Sd Plantation And Land on the Eastermost Side of the Road Binding on the Land of Gilbert PORTWOOD to my Son Samson SIMMONS I Give the Westermost Part of the Sd Land on the Westermost Side of the Road Excepting on fifty Acres Which I have all Ready given to my Son Samuel SIMMONS By a Deed of Gift.  This Land to them and their Heirs during their Plesure only I Make this Reservation that they are Not Any or Either of my three Sons any Ways to Molest or [smudge] their Sd Mother During her natural Life.

Item.  I give and Bequeath to my Daughter Mary the Plantation Where She now Lives with fifty acres of Land to the Same belonging.

Item.  I Give and Bequeath to my Son Edom SIMMONS fifty acres of Land Joining on the Eastermost part of the afore Sd Mary MORRISS? her land to them and their Heirs Dureing their Plesure.

Item.  I give And Bequeath to My Daughter Elizabeth MUNCREEF one Cow and Calf.

Item.  I give and Bequeath to My Well Beloved wife Sarah SIMMONS Whome I Like wise Constitute Make and ordain my Sole Executrix of My Last Will and testament all and Singular My Household Goods stock? and Moveable Effects during her natural Life and at her Discese all that to be equaly divided Between my three Youngest Sons Edom SIMMONS Caleb SIMMONS and Asabel SIMMONS only one Cow and Calf to Be taken out and Given to my daughter Sarah MERCER and I do hearby disalow Revoke and disannul all Every other former Testements Wills Legacies And Bequests and Executors by me in any Ways before Named Willed and Bequeathed Ratifying and Confirming this and no other to be my Last Will and Testment in witness Where of I have hearunto Set my hand & Seal the Day and year above Menchoned.
    /s/ Thomas [his T mark] SIMMONS

Signed Sealed published pronounced and Declared by the Said Thomas SIMMONS as his Last Will and testament in Presents of us the Subscribers
    Benjamin PRESCOAT
    Benjamin
[his B mark] COWEL
    Elizabeth
[her E mark] COWEL

  North Carolina  }    September County Court Anno. Dom 1755
Currituck County}

Present His Majesties Justices
    These may Certifie that Benjamin COWELL Benjamin PRESCOT and Elizabeth COWELL apeared in open Court and made oath That They Saw Thomas SIMMONS Sign Seal publish and Declare the within to be and Contain His Last will and Testament and that the Said Thomas SIMMONS was then and at that time of Sound and Disposing Memory also apeared Sarah SIMMONS Executrix and Took the Executors oath in Due form of Law.  Ordered that His Honor the Secretary have notice thereof that Letters Ishue thereon as the Law Directs.
    Test William SHERGOLD CC

[Written on the back was: Thomas SIMMONS Last Will; Recorded in the Secretarys Office in Book No 9 folio 64]

[Source: North Carolina State Archives - MARS ID: 12.96.1.2040 (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!

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© 2006 Kay Midgett Sheppard