Will of John Dubois
Contributed by Nola Duffy
Source: NC Wills & Inventories - Grimes
IN THE NAME OF GOD AMEN. I, John DuBois, of Wilmington, in the province of North Carolina, Esquire, being of sound & disposing mind and memory, do make this my last Will and testament in manner and form following, that is to say:
First of all, It is my Will that all my just debts and funeral expences be first paid.
Also, I give unto my eldest son, Peter, ten pounds sterling, which tho, he merits an equal proportion of my estate, will I flatter myself be more agreable to him (as he is already blessed with a plentiful fortune), than an equal distribution with my other children.
Also, I give unto my son, Walter, forty pounds, current money of the province of New York, a year to be paid him half yearly out of my estate by my executors hereinafter named during his natural life; I also give to my said son, Walter, my silver watch.
Also, I give and devise unto my son, John and his heirs and assigns my upper brick tenement in Dock street next to the house of Wm. Campbell, with the ground thereto belonging, together with my plantation on Smith's creek containing three hundred acres of land. I also give unto my said son, John, my fowling piece, my silver hilted sword and my case of pistols, I likewise confirm unto my said Son, John, a large diamond ring which was formerly given him by captain Dekan.
Also, I give and devise unto my daughter, Magdalene-Margaret, & her heirs and assigns, my middle brick tenement in Dock street with the ground thereto belonging. I also give unto my said daughter, two diamond rings which belonged to her mother.
Also, I give and devise unto my Daughter, Margaret, and her heirs and assigns, my lower brick tenement now occupied by Doctor Eustace, with the ground thereto belonging.
Also, I give and devise unto my son, Isaac, my wooden tenement in Dock street adjoining to the tenement where Doctor Eustace lives together with the small tenement thereto adjoining & the ground belonging to the said two tenements, to hold to him, the said Isaac, his heirs and assigns forever.
Also, I give and devise unto my beloved wife, Jean, the house in which I now live, with the lott of ground belonging thereto and all the houses and improvements thereon, together with the lott of ground adjoining, during her widow hood and after the expiration of that term, then to my daughter Anna- Jean and her heirs and assigns forever.
Also, I give and devise unto my son, James, my lott of ground in front street and running thence to the river with the two tenements, bake house, and all other houses and improvements thereon with their appurtenances, together with my land and the Wind mill erected thereon adjoining to Wilmington, to hold to the said James, his heirs and assigns forever.
Also, I give and devise unto my daughters, Magdalene-Margaret & Margaret, and their heirs and assigns my lott of ground on the North side of Market street between the house of Alexander Ross, deceased, and Samuel Swann's lott, share and share alike as tenants in common.
Also, I give unto Caleb Grainger, son of Colonel Caleb Grainger, deceased, a monthly clock which I had with my third wife his aunt, but if the said Caleb Grainger should happen to die under age or unmarried, then I give the said clock to his brother Cornelius.
Also, I give unto my beloved wife, Jean, all my silver plate, household and kitchen furniture and utensils, the said clock excepted.
Also, All the residue of my personal estate in North Carolina not heretofore disposed of, I give and bequeath unto my beloved wife, Jean, and my children, John, Magdalene-Margaret, Margaret, Isaac, Anna-Jean, and James, to be equally divided among them by my executors herein after named.
And whereas I am intitaled to a proportion of lands or personal estate, or lands and personal estate, in the province of New York, in right of my Grand-mother or other wise, I therefore give and devise the said estate whether real, personal or both to my executors herein after named to be sold, and the money arising from such sale to be equally divided among all my children hereinbefore mentioned.
Also, It is my will and so the same is to be taken and understood, that the legacies hereinbefore given to my said wife be in full of her right of dower and all other demands on my estate, and if she pretends to claim her dower that, then, and in that case, I hereby give and devise the house and lotts where I now live to my Daughter, Anna-Jean, immediately after my decease, and the other legacies herein given to my said wife, in that case I give to my children, John, Magdalene-Margaret, Margaret, Isaac, Anna-Jean and James, to he equally divided among them.
Also, It is my will that my children, John, Magdalene-Margaret, Margaret, Anna-Jean, Isaac, and James, shall not be intitaled to the profits of the tenements & lands respectively devised to them, till each of them shall arrive at the age of twenty one years, or day of Marriage, but that the same shall be received by my executors herein after named and applied towards the education of my said children and the maintenance of my family, and improvement of my whole estate for the joint benefit of my said Last mentioned children and my wife.
And it is also my will, that the bake house divised to my son, James, be kept employed for the benefit of my said wife, and last mentioned children, & my boats and negroes kept employed in the usual manner for the same purpose, until my son, James, shall arrive at the age of twenty one years or the day of Marriage, and that such child or children who shall happen to marry, or may have arrived at the age of twenty one years, shall draw his or her proportion of the profits of the said boats and negroes.
And in case of the death of any of my said last mentioned children before such child or children shall have attained the age of twenty one years or day of Marriage, then it is my will that the share or shares hereby given to such child or children so dying, both real and personal, shall go to the survivor or survivors of my said last mentioned children, to be equally divided among them, if more than one and that such part of my real estate as shall go to any of my children by the death of the others or any of them shall, be held by such children as as a tenancy in common. And in case of the death of all my said last mentioned children before marriage, then I give and devise such part of my estate as is herein given to them, to my beloved wife Jean & her heirs and assigns forever.
And lastly, I do make, nominate and appoind my beloved wife, Jean, my sons, Peter, Walter and John, and my friends, Lewis-Henry DeRosset and Moses-John DeRosset, esquires, to be guardians of my children and their respective estates during their minority, and also executors of this my last will and testament: hereby revoking all wills by me heretofore made.
In Witness whereof I have hereunto set my hand to this my will, written on four pages of paper together with my seal and published the whole as my last Will and testament, this thirteenth day of September, in the year of our Lord, one thousand, and seven hundred and sixty seven.
Before publishing this my last will, I hereby order and direct that my said executors shall purchase out of the profits of my estate, able negroes in number four, fit to go in my boats, & that the number then on my estate shall be kept up by my said executors as often as necessary in case of death or otherwise. (The words "then on my estate" being interlined.)
JOHN DuBois, (Seal)
Signed, sealed, published & declared by the above named, John DuBois as and for his last will and testament in presence of us whose names are hereunder written, who did each of us subscribe our names as witnesses thereto at his request, in his presence, and in the room where he was (the words "of twenty one years" being first interlined in the third page.)
WILMINGTON, April 9th, 1768
John DuBois, one of the Executors named in the within will, appeared before me, and took the Oath appointed by Law for the Qualification of an Executor.
BENJ. HERON, Sec.
Wilmington, the 1 March, 1768.
Archibald Maclaine, Esq., one of the subscribing Witnesses to this Will personally appeared before me and made oath that he saw the above mentioned John DuBois, the Testator, sign, Seal, publish, pronounce and declare this to be his last will & testament; and that at the Time thereof he, the Testator, was of sound & disposing mind & Memory according to the best of this Deponents knowledge & belief. Jean DuBois, The Executrix & Lewis Henry DeRossett, Esq., one of the Executors therein mentioned, took the oaths appointed by Law for their Qualification.
Whereupon it is ordered that Letters Testamentary issue.
Copied from the Original, which is filed in the Office of the Secretary of State.