Will of Henry Hyrne
Contributed by Nola Duffy
Source: NC Wills & Inventories - Grimes
IN THE NAME OF GOD AMEN. I, Henry Hyrne, of New Hanover County, in the Province aboves'd, Gentleman, being in an Ill state of health but of a sound mind and memory, blessed be God, Do make, Declare and Publish this my last Will and Testament, hereby revoking and Declaring Null and Void all former or other Wills by me heretofore made. First, I recommend my Soul to almighty God, hoping and believing a remission of my sins and the Errors and failings of my life through his mercy and the mediation of my Redeemer, Jesus Christ; And my body to the Earth to be Decently buried at the discretion of my Executors herein first after Named. And as to my Worldly estate with which it hath pleased God to bless me, I Give, Bequeath, devise and dispose of it in manner and form following:
Imprimis. I Give, Devise, and Bequeath to my Nephew, Henry Walters, and his Heirs and Assigns forever, all that my plantation and six hundred & fourty acres of Land whereon I now dwell in New Hanover County, called New Hyrnham, together with the five hundred and fifty three Acres of Land adjoyning and contiguous thereto, devised to me by my Honoured Father, Colonel Edward Hyrne, being Part of a larger Tract of Land belonging to my said Father in his life time (as by a Plan thereof Annexed to his last Will and Testament may at large appear).
Item. I Give, Devise and Bequeath to my said Nephew, Henry Walters, and his heirs and Assigns for ever, all that my other Plantation containing about Seventeen hundred and fourty seven Acres of Land in New Hanover County whereas * * * * * (Illegible) and Devised by me said Father to my said Brother, George Hyrne (as by a Plan thereof annexed to the last will and Testament of my said Father may at large apear) and by the death of my said Brother George descended to me.
Item. I Give and Bequeath to my said Nephew, Henry Walters, my negroe man Call Casar and my Negroe Girl called Hannah.
Item. It is my will that my House, plantation and lands be rented out by my Executor first Named, for the benefit and advantage of my said Nephew, Henry Walters, at a moderate rent with a covenant in the lease that the person renting the same shall, at the Expiration of such lease, leave the Said Houses & plantations in the same good repair they are in when he leases them, or any of them he shall so lease.
Item. I Give and bequeath to my Neice, Elizabeth Walters, my Negroe Girls Betty and Calia.
Item. I give and Bequeath to my Nephew, Joseph Walters, and my Nephew, George Walters, Ten pound, proclamation money, to each of them.
Item. I Give and Bequeath, I give and Bequeath to my Nephew, Moses Britten, my Gold Sleeve Buttons.
Item. Item. I Give and Bequeath to my Niece, Mary Britton, my shagarene case of Silver Instruments, also my Six Silver Tea spoons, silver Tea Strainer and Tongs.
Item. I Give and Bequeath to my Nephew, Henry Britton, my silver Watch and Silver pepper Castor, in rememberance of his regard and kindness shown me, in coming to see me and staying some time with me.
Item. I Give and Bequeath to my Nephew, Francis Britton, my Gold Stock Buckle (and) And my six silver table Spoons, in remembrance of his regard and kindness Shuon me in coming to see me and staying some time with me.
Item. Whereas, I have been greatly aflicted with Sickness and thereby rendered incapable of going about or transacting my own business, except for about fourteen months, for more than twelve years past, and since my making a former Will, And my Good Friend and Neighbor, Frederick Jones, Esquire, having all the said time (except the said fourteen months) Transacted my business, settled my accounts, and also as my Attorney during my absence when I went to Philadelphia for the recovery my health managed and directed my Whole Affairs and business to my satisfaction and the benefit of my Estate, I therefore, Give and bequeath to the Frederick Jones, and his Assignes, my Negro Called or Named Tobey. I also Give and Bequeath to the said Frederick my Negroe Woman called old Lucey, he paying into my Estate so much proclamation money for the Said Lucey as she shall be appraised at, by three honest and credible persons to be worth, the said Lucey having been a good Slave, it is my desire my said friend, Frederick Jones should have her, as I am Sensible his humanity is such that he would treat her well.
Item. I Give and Bequeath to my said Friend, Frederick Jones, my stand of Cruits I bought of Mr. Smith, also my two volumes of Chambers Dictionary, and such of my other books as he shall choose to have.
Item. It is my further Will, and I do hereby Order and direct that my Executor, the said Frederick Jones, shall have and take five per centum Commission on all moneys that shall arise the by sale of such of my Estate as is or shall be in — my Will ordered is to be sold * * * (Illegible).
Item. I Give and Bequeath to my God Daughter, Elizabeth Jones, Daughter of my Friend, the said Frederick Jones, my Negroe Woman called Flora, wife to my Negro man call Toby, together with her three children by Name, Bessy, Toby & Guy.
Item. It is my Will and I do hereby order and direct that all my Negroe Slaves, household Goods, Stocks of weak ? Cattle, horse, Hoggs, Sheep, Geese, Turkeys, Ducks and Fowls of every kind, Carts, Waggon and Plantation Tools of every kind, and all the rest and Residue of my Estate of what kind or nature Whatsoever, not in this my will by me before bequeathed and disposed of, be sold by my Executor, the said Frederick Jones; and in case of his death by my Nephews, Moses Britton & Frances Britton, and the money arising by the sale thereof, after payment of my just debts and Funeral Expenses & the Commission aforesaid before Given & Orderd to my Executor the said Frederick Jones, I give and Bequeath to my Nephews, Moses Britton, Francis Britton, Henery Britton & my Niece, Mary Britton to be Equally distributed among them, Share & Share Alike.
Item. It is my Will & I desire my Executor, Frederick Jones do imediately after my decease, send my Negro man Cato with an anon'mt of my death to my Nephews, Moses Britton & Francis Britton, and is is my desire that my will be not opened till they have such Notice.
Lastly, I Nominate & Appoint my aforesaid Friend, Frederick Jones, Esquire, Executor of this my last will & Testament & after his death I Nominate & Appoint Moses Britton & Frances Britton, Executors thereof.
In Testimony whereof, I have, to this my last Will & Testament, set my hand and seal this ninth— day of September, in the year of our Lord, one thousand and seven hundred and Seventy two.
HENRY HYRNE (Coat of Arms on seal)
Signed, Sealed, Published and declared by the said Henry Hyrne, as, and for his last Will & Testament in the presence of us.
N. B. The words "and fourty" between the thirteenth and fourteenth lines from the Top of the first page, first interlined; and the Words "fourty" in the twenty second line, and Hannah, in the twenty nith line of the said first page blurred, before the Signing of the Will on the other half of this Sheet, by the said Henry Hyrne in the presence of us.
NORTH CAROLINA SS
CODICIL. I, Henry Hyrn, of New Hanover county, in the Province abovesaid, Gentleman, Do this day make and declare this my Codicil in manner following, that is to Say, Whereas, In my Will bearing date this ninth day of September, in the year of our Lord, one thousand, Seven hundred and Seventy two, I have forgot to dispose of my wearing apparell I Do now by this my Codicil Give and Bequeath all my. Wearing apparel to my Nephews, Joseph Walters, Henry Walters & George Walters (except my Shirts or Wearing Linnin) to be Equally divided among them. And my shirts or Wearing Linnin, I Give and Bequeath to my said Nephews, Joseph Walters, Henry Walters Gorge Walters, and my Neice, Elizabeth Walters, to be equally * * (Illegible) I Give and Bequeath to my friend * * * (Illegible) in transacting my Law business the sum of Ten pounds proclamation money, to be paid him out of the money arising by the Sale of the residuum of my Estate.
And Lastly, It is my Will and desire that this present Codicil, wrote in the same Sheet of paper whereon my will is wrote, be made a part of my Last Will & Testament to all intents and purposes.
In Witness whereof, I have hereunto put my hand and Seal, this ninth day of September, one thousand Seven hundred and seventy two.
HENRY HYRNE (Coat of Arms on Seal)
Signed, Sealed, Published & declared in presence of us: (The word "Elizabeth Walters" between the tenth & eleventh line from the Top of the Codicil first interlined).
The within last Will and Testament and Codicil thereto, of Henry Hyrne, deceased, was proved before me this 26th. day of October, 1773, by the Oath of William Buford, one of the subscribing Witnesses thereto, who swore that he was present and did see the within named Testator Sign, Seal, publish and declare the same to he and contain his last Will and Testament, and that * * * (Line Illegible).
And the Said Frederick Jones, the Executor in the said Will named, having qualified by taking the Oaths of an Executor agreeable to Law. It is Ordered that Letters Testamentory issue thereon accordingly.
Copied from the Original Will, filed in the Office of the Secretary of State.