Will of Richard Armistead

The following will was found attached as part of a court case in Beaufort County. The court case took place in November 1826 but the will was written in Washington County March 1, 1815. Many thanks to Victor for submitting this will.

Beaufort County Superior Court Minutes (Microfilm C.009.30008)
November 1, 1826

Exers. Richd. Armistead

Vs. Contested will

Heirs & distributees

Richd. Armistead

The following Jury impaneled & charged: Fredk. Barrow Saml. Latham Aaron Windley, Benj. F. Latham Henry Mixon Gain Peed, Wm. Hutchins Jesse Robason Solo. Caton, James Dowty Thos. Ellison Joseph Potts

who find that the paper writing submitted to them is the last will & testament of Richard Armistead, and was duly signed by him & subscribed in his presence by Julian Picot & Josiah Flower two of the attesting witnesses thereto. It is ordered that it be recorded in this Court & also in the County Court of Washington County & that the Original be deposited in the office of the Clerk of the County Court of Washington at request of William Gaston and Thos. B. Haughton Esqrs. Their names as council in the above case were erased previous to the case going to the Jury.

The original will given to Stark Armistead one of the Exers.

Copy of the will

In the name of God amen. I Richard Armistead of the County of Washington and State of North Carolina, being of perfect mind & memory (blessed be God) do this first day of March in the year of our Lord, one thousand eight hundred and fifteen make and publish this my last will & Testament, in the manner following, that is to say, I give and bequeath unto my beloved daughter Susan Evelina Armistead the whole of my Estate of whatsoever denomination it may be, or to whatsoever extent it may go, to her and to the lawful issue of her Body forever. But should my Daughter Susan aforesaid die and leave no issue as aforesaid, it is my will, and accordingly in this case, after her death, I give – bequeath the whole of my property as above described, unto my Brother William Armistead and Sister Susan Maria Armistead, to be equally divided between them; to them and their heirs forever. And I hereby make and ordain my worthy and beloved uncle Starkey Armistead & brother William A. Armistead Executors to this my last will and Testament. In witness whereof I the said Richard Armistead to this my last will and Testament hereunto set my hand and Seal the day and year above written.

Signed Rd. Armistead {Seal}

Signed, sealed, published

and declared by the said Richard Armistead the testator as his last will & Testament in the presence of us  who were present at the

Signing and Sealing there of.

Test. Julian Picot

J. Flower

Benja. Fessenden

Leml. Clark.