State of North Carolina
Book 3, page 1
17 Mar 1841
In the name of God amen: I Daniel H. Bateman of the County of Tyrrel and State of North Carolina do make and constitute this my last Will and Testament in manner and form following that is to say I will that my executors and trustees herein after mentioned shall pay all my just debts out of my estate in such manner they may think best.
Item- 2nd To my wife I give my home plantation during her natural life for her dower and at her death to return to my daughter Caroline to her and her heirs forever.-
Item- 3rd To my wife I give negro Jim boy George woman Chloe girl Abagail & girl Rhoda to her and her heirs forever.-
Item- 4th I give to my wife my two gray mares Rose & Susan two cows and calves two sows and pigs ten head of dry hogs five head of sheep one third part of my farming utensils my Buruoch and harness.-
Item- 5th The balance of my land except addison Island I give to my trustees in trust and for the sole & separate use of my daughter Caroline for life and at her death to be conveyed to such child or children of hers as may then be living and in default of such child or children then to go to Mary B. Johnson, James S. B. Hatfield, Andrew J. B. Hatfield, Hamilton B. Hatfield the three children of my nine Harriet Herbert Serepta E. Herbert, Marenitta T. Herbert & Margaret Benjn. Herbert Benjn. Bateman son of John Bateman my nephew Jos. Blount sone of Jos. Blount Senr. the surviver or survivers to them there heirs.-
Item- 6th I leave to my trustees hereafter mentioned negro woman Thebe and her three children Washington, Mack and Douglas woman Dorcas woman Hasty and her two children July & Henry negro girls Frank, Barbara, Charlotte and Rebecca negro man Aaron and man Mack negros Peter Jerry David Jasper and Dewy in trust and sole & separate use of my daughter Caroline for life & at her deth to be conveyed to such issue as may then be living of her boddy and in default of such issue then to be conveyed to Mary B. Johnson James S. B. Hatfield, Andrew J.B. Hatfield Hamilton B. Hatfield the three children of Harriett before named nephew Jos. Blount Benjamin Bateman son of John Bateman the survivor or survivors of them there heirs and assigns forever I except five of these negros which I give to my daughter Caroline forever to dispose of in any manner she thinks best she is to have her choice of the negros.-
Item- 7th I give to my daughter Caroline my riding horse Napolian my carpets my black walnut chairs all my beds & firniture except two and one dining table and all other property that I have already possessed her of and a sufficient sum to purchase her a piana.-
Item- 8th I leave Addisons Island to my executors and trustees herein after mentioned and for there sole separate use of Jone Alexander wife of Gideon H. Alexander for life and at her death to be conveyed to such child or children then living of hers and if none then to be conveyed James, S.B. Hatfield Andrew J.B. Hatfield & Ametton B. Hatfield there survivor or survivors of them there heirs and assigns forever I reserve enough of Addisons Island to support my Oakland plantation with wood and other necessary timber to which my daughter is to have free access.-
Item- 9th Out of my estate to be raised in such way as my executors & trustees my deem most advantageous I will unto James S. B. Hatfield one hundred dollars & if he dies before he receives it to go to his brothers Andrew J.B. and Hamilton B. Hatfield - I give to Andrew J.B. Hatfield one hundred & fifty dollars but if he dies before he receives it is to go to his surviving brother or brothers to my trustees hereafter mentioned I give three hundred dollars in trust for Hamilton B. Hatfield to be laid out in rasing & educating him if he lives if not this is to be null & void these legacies to be paid as the income of my estate will best afford it-
Item- 10th. To my niece Harriet Hurberts three children Serepta, Marrenetto & Margaret Herbert, I give one hundred and fifty dollars each to be paid over to Arthur I Herbert or some safe person in trust for them but if they die before they receive it this clause to be nul & void- To my niece Jorey Godfrey six children Benja. Lemuel. Dempsey Hezekiah, James & Eliza Godfrey I give twenty dollars each except Eliza Godfrey to her I give fifty dollars these legacies are to be paid out of my estate as the income will be best offord it or at any time when my executors or trustees may deem it most advisable.-
Item- 11th. To Mary B. Johnson I give three hundred dollars to be left in the hands of my executors or trustees to be paid to her when they may think it most advisable provided she does not marry Aaron Spruill if she does marry Aaron Spruill she is not to receive one cent of my estate- Proviso- Ist. It is my will and desire if there should be no judgement or judgements obtained against my estate to the amount of five hundred dollars the legices left in mony shall be paid as written in their places but if there should be a judgement or judgements obtained against my estate in all to the amount of five hundred dollars then & in that case there shall be deducted from the legises left in money thirty percent in the hundred dollars.-
Item- 12th. Man Calvin I leave in trust to my trustees herein after mentioned that they shall hire him out to any person that he may desire to live with and his hire to go to his own separate use & benefit and should the said Calvin at any time signify a wish to go to a free State my trustees hereafter mentioned shall give him a permit to do so if the said Calvin shall from misfortune become an invalid unable to help himself he is them to be mantained out of my estate. Calvin is not to leave my services until the barn of my Oakland Plantation is finished.-
Item- 13th. It is my will and desire that my trustees herein after named shall keep all my negros and property given to my daughter Caroline together to be under the direction of some careful manager in a farming like manner for her special use and benefit. If my executors & trustees shall deem it most advisable it is my wish that a sufficiency of anamals be kept to manage my estate and the balance if any be sold with my corn & pork and all other unnessary articles of my estate at public or private sale left disentionary with my executors & trustees herein after mentioned.-
Item- 14th. It is my wish that my wife out of the sugar coffee, pork, bacon, corn, & salt have a competancy to last her twelve months if she does not revoke my will.-
Item- 15th. It is my will that all the land I sold by deed that I acquire by my brother Jos. Bateman decd. And the land of the said Jos. Bateman decd. That I purchased at the sheriff sale for taxes to be sold and one hundred & fifty dollars of the money from the said land to go to my estate & the balance to be divided between Seth Bateman Patsey Bateman,children of my brother Joseph Bateman decd. And William Bateman grandson of the said Jos. Bateman decd. To them and there heirs forever.-
Item- 16th. I appoint my worthy friend R. R. Heath my attorney to attend to the business of my estate when his professional services is required and I wish him to be well paid for his services.
Item- 17th. I constitute my worthy friends Ebenizer Pettigrew Jos. Halsey and James A. Chesson my executors and trustees for the purposes herein before mentioned authorizing them to reimburse them selves for expenditures and pay themselves for there trouble it being expressly understood that they are not to be held liable for any loss to the property unless such loss be the consequence of willful neglect willful misconduct of which I will know they will not beguilty. Revoaking all other Wills & Testaments by me made this 17th day of March A.D. 1841. Sign declare & publish this my last Will and Testament in presence of the undersigned.
Danl. H. Bateman (Seal)
I declare the following as a codicil to this my last Will & Testament. I give to my wife Lois Bateman three beds & firnature & the balance of the household & kitchen firnature excepting that given & to be given to my daughter Caroline- I give to my daughter Caroline in addition to that hereto-fore given one pare brass and irons shovel & tongs one set ivory handled knives and forks one tea table. Secretary one pr brass candlesticks & snuffer tray. In Witness whereof I have the 18th. Day of March 1841. In presence of
Danl. H. Bateman (Seal)
Tyrrell County court of Pleas &Quarter Sessions April Term 1841. Then was this paper writing produced in open court & proved as the will of Daniel H. Bateman by the oath of Tully Spruill and M. Owens two of the subscribing witnesses: who proved that Bateman acknowledged the same to be his last Will and Testament and that he was at the time of sound and disposing mind and memory and that they & the other witnesses signed the same in the presence of said Bateman & at his request ordered that the same be admitted to probate as a will passing- realty and personalty & be recorded at the same time appeared Jos. A. Chesson & qualified hereto the other executors renouncing-
Recorded Jos. Halsey Clk.
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Updated May 3, 2001