HEZEKIAH SPRUILL
In the name of God Amen. I Hezekiah SPRUILL of the County of Tyrrell
and State of North Carolina being of sound mind and memory blessed be God,
do this twenty fifth day of May in the
year of our Lord one thousand eight hundred and two make and publish this
my last will and testament in the manner following, that is to say
Impremis - I lend to my beloved wife Rhoda SPRUILL the use
of the one third part of my manor Plantation whereon I now live and one half
the buildings thereon, with the privilege of fire wood and
timber off of any part of my land she may choose to repair the buildings
and support the plantation; one third part of my moveable estate except negroes
and articles hereafter mentioned. I lend to my beloved wife the use of three
negroes named LYDIA, LITCH, and BLACK JANE during her life
or widowhood.
Item. I give to my wife Rhoda SPRUILL my riding horse called
Bowls, a side saddle and bridle, one yoak of oxen and one ox cart. I give
to my wife and son Samuel SPRUILL all the groceries
I may be possessed of at the event of my death for the use of the family,
also all my plantation tools of every sort for the use of the plantation.
Item. I give and bequeath to my daughter Ann MIDGET all the
land contained in the bounds of a deed I purchased of Thos WILLIAMS also
I give to my daughter Ann MIDGET fifty acres of land to be laid out
of my Patent No. 751 beginning at a Poplar, Hopkins corner and running southerly
by a line of marked trees for the compliment to her her heirs and assigns
forever.
Item. I give and bequeath to my daughter Lois SPRUILL and my
little grandson Hezekiah Gilbert LEIGH the balance of the land contained
in my patent No. 751, also two hundred & thirty acres of land within
the bounds of my patent No. 427 adjoining the upper neck & Cypress Swamp
to be equally divided between my daughter Lois and my grandson
Hezekiah Gilbert LEIGH according to quality and quantity to them their
heirs and assigns forever.
Item. I give and bequeath to my daughter Rosanah LEIGH forty
acres of land lying in the westernmost end of my Savannah Patent beginning
at a black gum at the mouth of the water Oak Branch in the Savannah Swamp
near the road leading on the swamp northerly to a poplar, thence along a
line of marked trees south 75ø East to a pine, thence westerly by
a line of marked trees to a water Oak in the water Oak Branch, thence down
the Branch to the first station to her the said Rosanah and her heirs
and assigns forever.
Item. I give and bequeath to my son Samuel SPRUILL all the
lands within the bounds of my deed I purchased of Jesse WYATT containing
310 acres to him his heirs and assigns forever. I also give and bequeath
to my son Samuel SPRUILL 300 acres of land contained within the bounds
of my patent No. 430 and known by the name of the Savannah with all and ???
the remainder part of my
lands and tenements wherever to be found to him the said Samuel SPRUILL
his heirs and assigns forever.
Item. I lend to my daughter Ann MIDGET three negroes namely
YELLOW GINNY, TOM and ANNIS and at her death I give and bequeath
the aforesaid negroes to my daughter Ann's children or heirs lawfully
begotten on her body to be equally divided amongst them, to them their heirs
and assigns forever, with their increase.
Item. I lend one third part of two negroes namely LITCH and
BLACK JENNE, with their increase to my daughter Ann MIDGET
during her life and at her death I again give and bequeath the aforesaid
one third part with their increase to her children or heirs lawfully begotten
on her body to be equally divided between them, to them their heirs and assigns
forever.
Item. I give and bequeath to my two daughters Rosanah LEIGH
and Lois SPRUILL the remaining two thirds of the negroes above mentioned
namely LITCH and BLACK GINNY to be equally divided between
them, to them their heirs and assigns forever.
Item. I give and bequeath to my daughter Rosanah LEIGH three
negroes named MURTIFEN, MERCURY, & PEGGY to her, her heirs and
assigns forever.
Item. I give and bequeath to my daughter Lois SPRUILL three
named BLACK ANDREW, CLOE & LITTLE ESTER, to her her heirs and
assigns forever.
Item. I give and bequeath to my son Samuel SPRUILL four negroes
named JOE, LEWIS, DOLLY and YELLOW ANDREW, to him, his heirs
and assigns forever.
Item. I also give to my son Samuel SPRUILL one negro woman
named LYDIA at the death of my wife, to him, his heirs and assigns
forever.
Item. I give and bequeath to my little grandson Hezekiah Gilbert
LEIGH one negro boy named SAM now in the possession of Richard
LEIGH to him his heirs and assigns forever, but if the aforesaid
Hezekiah Gilbert LEIGH should depart this life without lawful issue,
then I give the aforesaid negro boy SAM to his four sisters, that
is to say, Elizabeth, Sarah, Charlotte, and Lois
LEIGH to be equally divided between them, their heirs and assigns
forever.
Item. I ordain and direct that my son Samuel SPRUILL take the
negro man named LON into his possession and hire him out to the best
advantage, year by year or sell him at his own discretion,
even keeping the money upon interest by renewing the bond or bonds every
year until my two little grand daughters Charlotte & Lois LEIGH
are of the age of eighteen or marriage.
Item. I give and bequeath the aforesaid negro man LON with
the profits of him or the money arising from the sale (if sold) with the
interest of the money to my grand daughters above named viz.
Charlotte & Lois LEIGH daughters of Richard LEIGH to them
and their heirs forever, but if should so happen that the said Charlotte
or Lois LEIGH departs this life without issue of their
bodies, then I give the aforesaid negro to be equally divided between the
surviving brothers and sisters to them their heirs and assigns forever.
Item. I give and bequeath to my grand daughter Keziah Permelia
FOSTER one negro boy named EDMON, provided her father John
FOSTER never takes her away from her grandmother or her Aunt Ann MIDGET
and if the said FOSTER does ever take Keziah Permelia from
the
care of her said grandmother or Aunt then I give the said negro boy to be
divided between my three daughters Ann MIDGET, Rosanah LEIGH, and
Lois SPRUILL, and I do hereby commend the said negro boy to the care
of my son Samuel SPRUILL to wait the event and to be delivered to
the said Keziah Permelia at the day of her marriage or the age of
eighteen (if she should continue to live in the family, otherwise the said
negro to go to my three daughters above mentioned to them their heirs and
assigns forever.
Item. I give and bequeath to the heirs of my daughter Keziah
FOSTER one shilling sterling they having received what I designed to
give her.
Item. I give and bequeath to my four grand daughters Elizabeth,
Sarah, Charlotte, & Lois LEIGH one negro woman named BIG ESTER
and one girl named LITTLE DOLL and their increase, now in the
possession of their father Richard LEIGH, to be delivered to them when
Elizabeth LEIGH shall arrive at the age of eighteen, to them their
heirs and assigns forever, and if any of my grand daughters above named should
depart this life without issue I give and bequeath the two negroes above
named BIG ESTER & LITTLE DOLL to their surviving sisters to them
their heirs and assigns forever.
Item. I give and bequeath to my son Samuel SPRUILL, Ann MIDGET,
Rosanah LEIGH and Lois SPRUILL all the remaining part of my estate
to be equally divided between them at my death, to them, their heirs and
assigns forever.
Item. I give and bequeath to my son Samuel SPRUILL and my three
daughters Ann MIDGET, Rosanah LEIGH and Lois SPRUILL all the
third part of my estate except negroes lent my wife during her life in the
first clause of my will to be equally divided at my wife's death between
them, my son and my three daughters above named, to them their heirs and
assigns forever.
Item. And I hereby make and ordain my son Samuel SPRUILL and
my daughters Ann MIDGET, Rosanah LEIGH & Lois SPRUILL executors
and executrixs of this my last will and testament, In witness whereof I the
said Hezekiah SPRUILL have to this my last will and
testament set my hand and seal the day and year above written,
Signed, sealed & declared and published by the said Hezekiah SPRUILL
the testator as his last will and testament in presence of us at the time
of signing and sealing thereof
HEZEKIAH SPRUILL {seal}
AMELIA (her mark) PEUSHE
JOHN SWAIN
---------------------------------
Tyrrell Court April Term 1804
Personally appeared Amelia PEUSHE in open court and swore that she
saw Hezekiah SPRUILL sign and pronounce this instrument of writing
to be his last will and testament and that she believes he was at the same
time in perfect and sound mind and memory and that she saw the other subscribing
witness sign his name also
for CHAS SPRUILL, Clk
State of North Carolina
Tyrrell Court
I Jos HALSEY, Clk of this Court of Pleas & Quarter Session for
the county aforesaid do hereby certify the foregoing to be a true copy of
the will of Hezekiah SPRUILL dsd with a probate of the
same as filed in my office given under my hand and seal of office at Columbia
this 28 of August 1828
JOS HALSEY, Clk