BENJAMIN SPRUILL'S WILL
State of North Carolina
Tyrrell County
Amen: I Benjamin SPRUILL of the State and County aforesaid being now
of sound mind and memory do this 15th day of August 1822 make and publish
this my last will and testament.
First, it is my will and desire that all of my just debts and funeral
expenses be paid from my estate by my executors to be herein after named
Item 1st I give to my two sons Charles and Benjamin
all my lands (excepting the piece of land lying between Nathan A. PHELPS
and Zebulon Tarkenton which I purchased of Jesse SPRUILL) the
land and plantation where I now live to be divided in the following manner
between my two sons. (viz) beginning at a mulberry tree stump at the mouth
of the lane and running Southerly along the lane to the corner tree of the
land which I purchased form Isaac WEST then along the said line Southerly
to a Water Oak Warts Corner thence Southerly across the land I purchased
of Richard DAVIS or any other land so as to make an equal division
between my two sons Charles and Benjamin.
Item 2nd I give to my two daughters Polly H. SPRUILL and Ann
A. SPRUILL four negroes (Viz) Jacob, Ben, Rose and Treasy to be
equally divided between them at their or either of them coming to age or
marriage.
Item 3rd I give to my four children Polly H. SPRUILL, Charles SPRUILL,
Ann A. SPRUILL and Benjamin SPRUILL the balance of my negroes
(Viz) Milford, Annis, Clarissa, Delilah, Henry, and Lydia, Lewis,
Patt, Mary, Tamed, Lewis, and Dorry, George, Nan, Tony and Moris,
Penny, Grace, Jim, Dave, Jo, George, and Alfred them and their
increase to be equally divided among my four children at their coming to
lawful age or at their marriage or either of their marriages.
Item 4th I give the piece of land which I purchased of Jesse
SPRUILL adjoining the lands of Nathan PHELPS and Zebulon
TARKENTON, to my sister Zilphia DAVENPORT to her and her heirs
forever.
Item 5th I give the residue of my property and estate not heretofore
mentioned and given away (Viz) Household and Kitchen furniture, notes, accounts,
money, Horses, Sheep, Cattle, and Hogs and all the remaining part or parts
of my estate of every species or king not heretofore mentioned to my four
children to be equally divided amongst them. I also leave old woman
Rachael and her son Jack under the special care and protection
of my four children agreeable to the will of my Brother Charles SPRUILL
decd
It is my will and desire if either of my daughters should die before coming
to age or without lawfull issue of their body that the surviving daughter
should heir her property namely the negroes which I gave them in Item No.
2.
It is my will and desire if either of my sons should die before coming to
age or without lawfull issue of their body that the surviving son should
heir his land.
To this my last will and testament I make, ordain, and appoint my worthy
and beloved friend Samuel SPRUILL my true and lawfull Executor In
testimony whereof I have hereunto set my hand and seal the day and year above
written.
published, declared, and pronounced to be my last will and
testament in presence of
Benjamin SPRUILL {seal}
Wilson R. HODGES
W. SPRUILL
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Tyrrell County Oct Term 1822 This will was exhibited in open Court and was
proved by the oath of Wilson B. HODGES one of the subscribing witnesses
thereto who also swore that he saw Wm
SPRUILL the other subscribing witness sign the same or concurrence ???
thereto & it was ordered to be recorded
Jos WOODLEY