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Will of John Paine
Contributed by
Nola Duffy
Source: NC Wills & Inventories - Grimes
Written: 1767

IN THE NAME OF GOD AMEN. I, John Paine, of Wilmington, in the Province of North Carolina, Merchant, being sick and weak in Body, but of sound and disposing Mind, Memory and understanding, Do make, publish and declare this my Last will and Testament, in manner following, That is to say,

First, I recommend my soul to God who gave it and my Body I desire may be decently Buried at the discretion of my Executors herein after named.

Item, I will, Order and direct that all my Just Debts and Funeral Expences may be paid by my Executors herein after named, so Soon as Conveniently may be after my decease. Item, I Will, order & Direct that all my real Estate, Lands and Tenements be Sold by my Executors herein after named, if they shall think proper to sell & dispose of the same; And I do hereby Impower them in Case of sale, to give good and sufficient Titles in Law for the same to the purchaser or purchasers.

Item, I Give devise & Bequeath all my Estate whatsoever and wheresoever, unto my Loving wife, Catharine Paine; To my loving Daughter, Catharine Musgrove Paine, and to the Child or Children that my wife now goes with to be equaly divided between them, share and share alike, and to their heirs and assigns for ever; my Childrens Portions to be paid to them by my Executors when they respectively attain the age of Eighteen ------- years or day of Marriage which shall first happen; And if Either of my Children die before they Attain the age of Eighteen years or day of Marriage then, and in that Case, I give, devise and Bequeath the same to my sd. wife, Catharine, to the survivor or survivors of them, and their heirs & assigns; and in Case all my Children die, then I give, Devise & Bequeath all my Estate to my loving wife, Catharine, and her heirs forever.

And whereas there is a Legacy of Nine hundred pounds, South Carolina Currency, directed & ordered to be by me
paid, (by the Last will & Testament of my Mother, Mary Brewton, Deed.), to the Children of my Sister, Elizabeth Arthur, wife of Francis Arthur, now in Georgia, I do therefore hereby Will, order and direct that my Executors after named, Do pay or cause to be paid unto the said Children of my Sister Elizabeth Arthur, in Georgia, the said Legacy of nine hundred pounds, South Carolina Currency; together with lawfull Interest for the same till paid, and that the same be paid them so soon as may be after my decease.

Item, I Will, order & direct that my Executors herein after named, within three years after my decease, or sooner if convenient, Do pay into the hands of the church Wardens of every county in this Province, thirteen pounds, proc. money, to be by them distributed amongst the poor Inhabitants of the said several & respective Counties.

Lastly, I appoint, constitute & nominate my Loving Wife, Catherine, Executrix of this my last will and Testament during the time she remains my Widow; and I direct that she may have the Tuition & Guardianship of my Children, But in case she marry, then, I nominate, constitute & appoint my good Friends, Maurice Moore & William Hill, Executors of this my last Will & Testament, and desire they may take possession of my Childrens Estate if they think proper. And I do hereby Revocke all former & other wills by me at any time heretofore made, and declare this Only to be & Contain my last Will and Testament.

In Witness whereof, I have hereunto set my hand & seal at Wilmington, this ninth day of January, in the year of our Lord one thousand Seven hundred & Sixty Seven.

Signed, sealed, published, pronounced & declared by the Testator, to be, and contain his last will and Testament, In presence of us, who in his presence, and at his request, Subscribed our names as witnesses thereto at the same time, (the words, my wife Catharine, being first interlined)


The within last Will and Testament of John Paine was proved before Me, this day, by the Oath of Ann Mouat, one of the subscribing Witnesses thereto, who deposed that She saw the Testator sign, seal, publish and declare the same to be and contain his last Will and Testament and that at the Time thereof he was of sound disposing Mind and Memory. Catherine Paine, the Executrix therein named, Qualified as such agreeable to Law. Letters Testamentary have therefore issued Accordingly.

Brunswick, the 14th. March, 1767.

©2009 Natasha Miles