Will of Edward Moseley
Contributed by Nola Duffy
Source: NC Wills & Inventories - Grimes
IN THE NAME OF GOD AMEN, I, Edward Moseley, of New Hanover County, Esqr., do make and Declare these Presents to be and Contain my Last Will & Testament Rovoking all Other.
Imprimis, I will that all my Debts be well & Truly paid, within Convenient time after my Decease, Out of the Profits arising from the Labour of my Slaves.
Item, It is my Will that as soon as it well may be done After my Decease, a True and Perfect Inventory be made of all my Personal Estate, and that the Same be Returned upon Oath into the Secretary's Office, as also into the Office of the County Court of New Hanover, within Ninety Daies After my Decease.
Item, I give and Bequeath unto my Eldest Son, John Moseley, my Plantation at Rockey Point, where I Frequently reside, on the West side of North East Branch of Cape Fear River, Together with all my Lands Adjacent thereto, Containing in the whole about 3500 Acres, be the Same more or Less, To Have and To Hold the same to him, the said John Moseley, & his heirs male of his Body Lawfully begotten for ever. And for want of Such Heirs then to my Second Son, Edward Moseley, and his Heirs Male of his Body Lawfully Begotten for ever;
and for want of Such Heirs, then to the next of my Sons as Shall Attain to the Age of 21 years, intail male as above mentioned; and for want of Such to my right Heir infee Simple.
Item, I give to my Second Son, Edward Moseley, my Plantation where I formerly Dwelt in Chowan County, and the Lands adjacent thereto, Containing by estimation 2000 Acres, be the Same More or Less, To Have & to Hold the Same to him & the Heirs male of his Body Lawfully Begotten infee tail; and for want of Such, then to my Son, Sampson Moseley, & the Heirs Male of his Body Lawfully Begotten infee tail; & for want of Such, then to my Son, James Moseley, infee tail Male as above exprest; & for want of Such, Then to my Fifth Son, Thomas Moseley, and His heirs for ever.
Item, I give and Bequeath unto my Son, Sampson Moseley, and his Heirs and Assigns, all my Lands On the East Side of the North East Branch of Cape Fear River, Lying Between Holly Shelter Creek and the bald white Sand hills, Containing by Estimation 3500 Acres, be the Same More or Less.
Item, I give & Bequeath unto my Son, James Moseley, and his Heirs & Assigns, all my Lands on the East side of the North East Branch of Cape Fear River Opposite to my Rocky Point Plantation, Containing by Estimation 1650 Acres, be the Same More or Less.
Item, I give & Bequeath unto my Son, Thos. Moseley, & his Heirs and Assigns, all my Lands on the North West Branch of Cape Fear River, Vizt: 1280 Acres I had by the Will of John Baptista Ashe, Esqr., at Rockfish Creek on both sides the River; and 600 Acres on the East side of the North West branch of Cape Fear River, Near Opposite to the Lands Whereon Mr. Mitchell Formerly Dwelt.
Item, I give & Bequeath unto my Son, John Moseley, and his Heirs and Assigns, my Lot and Houses in Brunswick where my Habitation usually is at Present, After the Decease of my Loving Wife, to whom I give it During her Natural Life. I also give to my said son John & his Heirs and assigns, my Plantation below Brunswick, Commonly Called Macknights.
Item, I give and Bequeath unto my Son, Edward Moseley, and his Heirs and Assigns, my Lot & house in Wilmington; Also, 600 Acres of Land Opposite to Cabbage Inlet; Also 500 Acres of Land in Tyrrel, Commonly Called Coopers; & 450 Acres of Land in Tyrrel County, Commonly Called Whitemarsh, all these to him & his Heirs & Assigns.
Item, I give and Bequeath to my three Sons, Sampson, James and Thomas, all my Lands on the East side of Cape Fear River on Part. whereof Mr. Bugnion dwelleth, to be Divided into three Equal Parts, as near as may be; Thomasto have his first Choice, and james the Next, the Division to be made by my Wife.
Item, I give to my Loving Wife, Ann Moseley, During her Natural Life, my Plantation at the Sound which I bought of John Hodgson, Wheron there is a Large Vineyard Planted; Also 3200 Acres of Land in EdgComb, Called Alden of the hill, be the Same More or Less, Lying on a Branch of Fishing Creek, by Some Called Irwins by Other Butter-wood; Also 1650 Acres, be the Same More or Less, upon the West side of Neuse River, about Twenty four Miles above New Bern Town. With full Power to her by any Deed or will, to give the first Mentioned to all or any of my Children She pleases, to be held by Such in fee Simple, and the two Last Mentioned Tracks, Vizt: 3200 & 1650, to all, or any of my four Youngest Sons, as She shall think they best deserve or may most want the Same,
in Such Proportion as She Shall think Proper, to be held by Such as she shall Appoint, the same in fee simple.
Item, I give and Bequeath unto my five Sons, John, Edward, Sampson, James, & Thomas, & their Heirs & assigns, to be held in Severalty; & to be Equally Divided, my Large Tract of Land in EdgComb County, Called Clur, Containing by Estimation Ten Thousand Acres, be the same more or Less; & it is my Will that in Case Any of my Sons Shall Dye before they attain the Age of 21 Years, or Without Leaving Lawfull Issue, that then the Lands of Such so Dying Shall be Equally Divided Among the Survivours, to be held by them infee Simple, Except those first Mentioned Lands Given to my Two Eldest Sons in tail Male, which in Case of their Or either of their Death is to go as I have before exprest.
Item, It is my Will that no part of my Stocks, Houshold Goods, Slaves, or Other Personal Estate, be Sold for Payment of my Debts; but that the Same Shall be Paid Out of the Money's Arising by Crops or Other Labour of my Slaves; hereby Directing that what Products of the Labour of my Slaves Shall be in being at my Decease, the Same Shall go towards Payment of my Debts, and that my Slaves that work in the field or on Tarr Work &c, to be kept to Labour in Such Manner, on all, or any of my Lands as Shall best serve, to raise most Money for Discharge of my Debts.
Item, After my Debts are Paid by the Labour of my Slaves, I give and Bequeath unto my Dear & Loving Wife, Ann Moseley, these 21 Slaves Following, Vizt: Robin & his wife Dinah & their Children, Little Mustapha, Caesar & Jonathan; Kate & her Children, Willy & Abram, Simon, Gabriel, Jacob, Primus, Francis, Abigail, Hager, Phillida & her Two Children, Quashey& Billey; Drago & his Wife Nan; and Moll Statiras Daughter.
Item, I give and Bequeath unto my Daughter, Aner Moseley, these Eleven Slaves, Vizt: Sarah, Mustapha's Wife; Hannah & her Two Daughters Phillida & Bessy; Cudger & his Wife Bolinder & their Daughters Betsy, Sarah & Lucy, Esther Simons wife; and Little Esther, Jennys Daughter.
Item, I give & Bequeath unto my five Sons, John, Edward, Sampson, James & Thomas, these 56 Slaves, to Wit: Manuel & his Wife Maria & their Children, Manuel, Frank, Jenny, and Yauna; Robin & his wife Doll; Judith and her Sons, Henry, Tony, Tom & Ben; Jenny & her Sons, Andrew & Ned; Bacchus & his wife Yanbo & her Children, Jupiter, Sarah and hannah; Mat, a Cooper, & his wife Mercy, & their Children, Mat, Frank & Peggy; Jemmy & his wife Sarah; Tom a Cooper & his wife Jenny; Joe & his wife Doll, & their Daughter Dol; Jemmy & Cooper, Sambo & Cooper, Scipio, Roger, Sandy, Cook, Button, Cyrus, Peter, Zebedee; Flora & Diana, the Daughters of Dinah; Nancey & her Children, Alden, Jacob & Suckey; Cudgeo, Kates son Statara, Peg & her Daughter Sarah Membo; Belindas Daughter Jenny; Esthers Daughters, Cates Daughter Hagar.
Item, I give and Bequeath unto my Loving Wife, Ann, my New Chaise Harness and the Pair of Bay Horses, Smoker and
Toby, which I bought of John Hull, Esqr, for that use, I also give Unto her Out of my Stocks, Ten Cows & Ten Calves, Ten Steers of Differant Age's, & Twenty Sheep & the horse Spark.
Item, it is my Will that my said Wife have the Care, Tuition and GuardianShip of my Daughter, Ann; & in Case of her Death, then to my Honour'd Mother in Law, Mrs. Susannah Hasell.
Item, It is my Will that the Slaves now usually kept about the house, shall be kept in the same Employment for my Wifes easier Life, and Care of my Children, untill She Marries, or One of my Sons Arrives at Age of 21 Years, then they are to go to those I have before Bequeathed them.
Item, It is my Will that my Wife Shall have the Use of my Lot & houses in Brunswick; and also of my Dwelling house, Kitchen &c. at Rockey Point, untill She shall Marry or that One of my Sons Shall Attain in the Age of 21 years, She keeping all my Houses in Repair. And when Any of my Sons Shall Attain 21 years of Age, then my wife Shall have her Choice Whether She will Dwell in my houses at Brunswick or at Rockey Point; it is also my Will, that she may work so many of the Slaves on any of my Lands as she Shall choose, along with my Childrens Slaves for which She may Draw a Proportionable Part with Such Slaves of my Children as shall be thought most for their benefit to be worked with hers; The Barns to be for the Use of my Children as well as for my Wife.
Item, it is my Will that after my Debts are Paid, my Sons Slaves Shall be Employ'd on all, or any of my Lands, and no where else, in the Most Beneficial Manner that may be for the Profit of my said Sons; and Annually Accts. to be rendered to the County Court of New Hanover, of the Profits Arising thereby, which Profits are to be Accompted for without Any Charge of Commissions, &a., Other than the Overseers Share. Nor shall my Children's Estate be made any way Less Under pretence of Commissioners, &c., But all that I have or shall leave them in this my Last Will is to go Clear to them, Except what shall be hereafter exprest Concerning my Sons Education.
Item, I give unto my Six Children all my Stock of horses Mares, Neat Cattle, Sheep and Swine, to run & encrease for ther Benefit; and I will that proper Slaves be Appointed for Managing thereof of, which increase & profit made thereby of Such as are necesarily to be sold or Killed at Proper Seasons, Accot. to be rendered to the County Court, for my children advantage, without Charges, Deducting first thereout what may be necessary of such kind of Provision for housekeeping for my said wife & Children.
Item, It is my Will that the Profits Arising by the Labour of my Two sons Slaves, & their part of the profits Arising by the Stocks, be laid Out in purchasing Young Female Slaves to be Added to their Stocks of slaves; And it is also my will that if any of the Female Slaves given be my in this will shall breed, in Such Case I give the issue to go along with the Mother.
Item, When it shall be necessary to give all or any of my sons Other Education than is to be had from the Common Masters in this Province; for I would have my Children well Educated, it is then my Will that Such expence be Defrayed Out of the profits of Such Childs Estate & not Otherwise.
Item, I Recommend it to my Dear & Loving Life that one of my sons, as shall be Thought best Qualified for it, be bred to the Law, it being highly necessary in so Large a Family; and to him I give all my Law Books, being upwards of 200 Volumes, which are now or Shall be in My Closet at Brunswick, and are Exprest in a Catalogue of my Own hand Writing, in a Marble Cover Book in my Closet.
Item. I give to my Dear wife, Blomes History of the Bible in folio, 3 Volumes in folio of Arch Bishop Tillotsons Works, four volumes in Octavo of Dr. Stamhopes on the Epistles & Gospels, and all the Books of Physick.
Item, I give to my Daughter, Ann Humfries, 3 Volumes in folio on the Old & New Testament, and I will that my Exors. buy for her, the work of the Auther of the whole Duty of Man. I give to the Eldest of my Sons, that shall not Study the Law; Chambers Dictionary, two Volumes in folio; Locks Work, three Volumes in folio; Millers Dictionary; 2 Vol in folio, and LeBlond of Gardening in Quarto: And the rest of my Books, about 150 Volumes, to be Divided among my Other three Sons.
Item, I give & Bequeath unto my Eldest Son, John, my Large Silver Tea Kettle, Lamp, & Server for it to stand on, weighing in all about 170 Ounces. To my Son, Edward, my Large Silver Coffee Pot Pott; to my Son, Sampson, my Large Silver Tea Pot; to my Son, James, my Large Silver Tankard, & to my Son, Thomas, a pair of Large Square Silver Servers; my Cases of Knifes, forks, Spoons, Salts, Casters, & Other my Plate, to be Divided Between my wife & Daughter, my wife to have Two Thirds, & my Daughter One Third. Nevertheless, my wife to have the use of my Children's plate untill She shall Marry, or they respectively Attain to age of 21. But if any shall Depart this life before that Age, such Childs part of the plate or Other Personal Estate I shall & Hereafter in this will give to them, to be Equally Divided among my sons Surviving.
Item, in Case my Wife shall marry, or as Soon as Any of my sons Shall Attain to 21 years of age, which shall first Happen, I will that my household goods & Other Personal Estate not before by me given shall be Equally Divided into four Parts; One thereof to be for my Wife, the Other three Parts among my Six Children.
Item, As there are very Considerable Debts due to me I expect more than Sufficient to pay the Debts I owe, I leave it to my Wife either to Apply the Same for Payment of my Debts, or in Building for all or any Of my Son's as She shall think Proper, if she shall Choose to Apply it in Building, I would have the house at the Vineyard Finished Fit for Use, and as She knows my mind with Regard to a handsome large Dwelling house to be built at Rockey Point, the Foundation whereof is Dugg, She may, if She pleases, Proceed thereon And use all the Materials Already Provided by me, And Also, the Sum of One Hundred Pounds Sterling, or the Value thereof in Products, yearly for Two Years, Out of the Labour of all my Sons Slaves, And all or any parts of the Debts Due to me.
Item. I give & Bequeath unto my very Good Friend, Samuel Swann, Esqr, Major John Swann & my Brother in Law, Mr Jas Hasell, Jr, the Sum of Ten Pounds Sterling, each, or in Products; hereby Requesting there Advice & Assistance in having this my Will fullfilled. And to Mr Jeremiah Vail & Mr Alexander Lillington, the Sum of Five Pounds Sterling, Each, or Value in Products; & to my Very Good Friend Jas Hasell, Esqr, & to my Sisters in Law, Mrs Mary Vail & Mrs Sarah Porter, I give to Each a ring of two Guineas price; & to Each of the Children of my Sister in Law, Mrs Mary Vail & of her sister Elizabeth, late the Wife of Collo. Maurice Moor, and to the Children of my Late Brother in Law, Mr. John Lillington, & to Colo. Maurice Moor's three youngest Children, I give to Each a ring of a Guinea price.
Item, I give to my Honoured Mother in Law, Mrs. Susannah Hasell, a ring of three Guineas price.
Item, the rest & Residue of my Estate, Real & Personal, I give to be Equally Divided among my Sons & the Survivours of them.
Lastly I nominate & Appoint my Dearly beloved Wife, Ann Moseley, & my Two Eldest Sons, John & Edward, to be Executors of this my Last Will & Testament (Containing in Eight Pages all of my Own hand Writing)
In Testimony whereof, I have Hereunto Set my Hand &Seal, this Twentieth Day of March, Anno Dom., 1745.
E MOSELEY, (Seal)
Signed, Sealed, Published, &Declared In presence of:
August Court, 1749
A Codicil to the Last Will and Testament of Edward Moseley, dated March 20th., 1745. hereunto annexed.
To my Son William, born since my said Last Will was made, I give & bequeath my two round Silver Servers; Also, the tract of Land in my said Will mentioned, lying in Edgecombe County, called Alden of the Hill, containing 3200 acres, be the same more or less; Also about 300 acres more, contiguous thereto, which I have Entred in Earl Granville's office. To hold the same, about 4000 acres, to him & his heirs forever. It is also my will, that my said Son, William, shall have an equal share of the Slaves & personal estate left to be divided among my other five sons in that my will.
It is also my will, that if I shall have any more children, They shall be intitled to an equal part of my slaves & personal Estate left to my sons in that my Will mentioned, and that all my sons born or to be born, shall have an equal share or dividend of that my large tract of 10,000 Acres called Clur, mentioned in my said will.
I give to my dear wife Ann, my negro woman named Jane, for her better care & management of my children, she having been much employed about them.
I give to my Daughter Nancy, Peggy's youngest mulatto child named Abram.
My slaves Mustapha, Cush & Moll having behaved very well I order them to be free, but if it shall not be allowed them, Then it is my will that my executrix shall place them jointly or severally as they shall choose, on any of my lands, to make what they shall judge most for their advantage, rendering one tenth part of the profits to my executrix
Lastly, I make my dear wife Ann, Executrix, and my two Eldest Sons, Executors, of this Codicil which I will shall be taken & deemed as a part of my last Will & Testament. In Witness Whereof, I have hereunto set my hand and seal this Nineth day of June, Anno Dom., 1748.
E MOSELEY (seal)
Signed, sealed, published & Declared in presence of:
N B, This Codicil is fixed to the Will by Mr. Sampson's Seal (my Wife's Father) mine being lately lost.
NEW HANOVER COUNTY August Court, 1749.
The within Will of the Honbl. Col. Edward Moseley, Esqr., lately deceas'd was proved now here in open Court by the oath of the Honbl. Mathew Rowan, Esqr., one of the Subscribing Evidences thereto in due form of Law, and the Codicil hereto the said will annext was Proved Likewise at the Same time by the oath of Mt. John Cook, one of the Subscribing Evidences thereto in open Court also in due form of Law.
Test. ISAAC FARIES, C C
Personally appeared before me Mrs. Anne Moseley, and was duly sworn to the just & faitbfull Execution of the within Will & Codicil
Registered in Book C Fol 741, 742, 743, 744, 745, & 746
ISAAC FARRIES Register
Copied from Original Will, Filed in the Office of the Secretary of State