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Jesse Garrett, Sr. - Bertie County, NC

Bertie County, NC - Record of Wills Microfilm - 1797-1816 - Vol. E, F

Transcribed By: Linda Carpenter
©2004

(Vol. E, page 18)

In the name of God Amen October the thirteenth one thousand Seven hundred and ninety six I Jesse Garrett of Bertie County and State of North Carolina being of sound and disposed mind and memory blessed be Almighty God for the same & considering the uncertainty of this mortal life do make and publish this my last will and testament in manner and form following that is to say first I will that all my just debts and funeral charges be paid and discharged-------

Two I Lend to my beloved wife Rachel Garrett the negroes by names of May  Ben Caswell? Jude...and....(Several words illegible, microfilm copy in poor quality.) two feather beds and furniture, one chest one table .......dishes..........Iron pots one frying pan....two grubing hoes...................three axes three....hoes..two horses her choice of my horses...mares...saddle.....heads of cattle her choice ....

(page 19)

sheep her choice one ox....yoke.....one horse cart and wheels and my cart and plow gear....one hand saw...one pair of...all my....tools and all my Brandy..all the above mentioned articles I lend and have the run of them to my wife Rachel Garrett during her natural life. I also lend and leave my wife the use of my...plantation and my griss mill with four hundred acres of land adjoining and the said four hundred acres of land to include my griss mill and all my ....lands belonging to my plantation whereon I now live lying between the new road which runs by my plantation and ........by ....to ....creek road and the lines of James ...as shall be mentioned to be run and established in this my last will and testament only .......to my Son Jesse Garrett that he shall have the privilege of Grinding his grain to make bread for his familys use free from paying any toles and I also reserve the raising clothing and boarding of my children that they shall be maintained on that part of my Estate lent to my wife free from any charge whatsoever except their schooling them all the above mentioned articles and land I lend to her during her natural life.

Item I Give and bequeath to my beloved wife Rachel Garrett all my hogs all the meat and fat and all my corn and potatoes and all my crop of every kind and all my Brandy

(page 20)

and all my money now by me (Bonds, Notes, and Accounts Exalted) and all my Geese and fowls of every kind all which I give to her and her heirs forever------

Item I Give and bequeath to my two sons David Garrett and Jacob Garrett one Negro man Jack to be equally divided between them and that to be their full share of my Estate with what they have already received I say to them and their heirs forever........

Item I Give and bequeath to my son James Garrett a tract of land known by the name of Yateses lying on both sides of the great branch beginning on the run of said Branch two hundred yards below my corn field fence on said place and running from thence the course of said fence as far as the fence continues and then to continue the said Course across my lands to Needham Jarnagans or John Hollomans line as may happen and then to continue with Hollomons line to Sumner line and to continue on Sumners line and my back line round to the first station which I Give to him and his heirs forever my will and desire is that if my Son James should die without heirs lawfully begotten of his body that the lands and plantation given to him should return to my son Jesse Garrett which I Give to him and his heirs forever in case James should die without heir lawfully begotten of his body, I also give my son James one negro boy named Jerry and that to Count two hundred Silver dollars he hath received in his part of my Estate which he is to account for before he receives any more

(page 21)

and I also leave the land and negro given to my son James Garrett to be delivered up to him said James at the time he arrives to the age of Eighteen years I say to him and his heirs forever.......

Item I Give and bequeath to my son Jesse Garrett all the remainder part of lands and plantations and mill lying between the runs of the lowing swamp and the line to be run for James Garrett with my manor plantation and the land lent to my wife all which I give to him and his heirs forever and if Jesse would die without heirs lawfully begotten of his body then I give the lands given to him to my son James Garrett I say to him and his heirs forever, I also give my son Jesse one negro boy named Silus and that to count two hundred and twenty five silver dollars in his part of my Estate which he is to account for before he receives any more I say to him and his heirs forever..........

Item I Give and bequeath to my daughter Celia Eley one cow and calf and five sheep and that to be her full share of my Estate with she hath already received I say to her and her heirs forever.........

Item I Give and bequeath to my two sons Timothy & John Garrett two negroes by names of Abram and Cesar with all the profits that may arise from their hire to be equally divided between them at the time Timothy shall arrive to the age of twenty one years and if either Timothy or John should die without heirs lawfully begotten of their body then I Give the two Negroes Abram and Cesar to the one which may be living with all the profits that hath arisen and may

(page 22)

arise thereon which I Give to the said Timothy and John and their heirs forever..........

Item I Give and bequeath to my daughter Millie one negro woman named Flora and that to be her full share of my Estate with what she hath already received I say to her and her heirs forever...........

Item I Give and bequeath to my son Thomas Garrett one negro man named Isaac which he hath already received I say to him and his heirs forever.........

Item I Give and bequeath to my Penny Garrett one negro Girl named Valley to her and her heirs forever......

Item I Give and bequeath to my daughter Mary Garrett one negro Girl named Kate to her and her heirs forever.........

Item I Give and bequeath to my daughter Elizabeth one negro Girl named Ester to her and her heirs forever.....

Item All the residue or remainder of my Estate not before given or lent I leave to be equally divided between my seven children (to wit) Jesse Garrett, James Garrett , Penny Garrett, Mary Garrett, Timothy Garrett, John Garrett, and Elizabeth Garrett in manner and form following when either of the above named children shall arrive to the age of Twenty one years of age or marry to be divided and that one to receive his or their share and the other six parts to all continue together till another shall arrive to the age of twenty one years or marry then that one to receive his or her part and the remaining five parts to continue

(page 23)

together again and so to be equally divided till the last one shall arrive to the age of twenty one or marry I also leave all that part of my Estate lent to my wife to be equal divided between my seven children at the death of my wife shear and shear alike (to wit) Jesse Garrett, James Garrett, Timothy Garrett, John Garrett, Penny Garrett, Mary Garrett, and Elizabeth Garrett which I give to them and their heirs forever.

Lastly I constitute appoint and ordain my son in law James Cherry my whole and sole Executor of this my last will and testament in whom I also invest full power and authority to act as he shall think most advantageous for the benefit of the children in disposing of the property hereby disannulling and revoking all former wills and testaments heretofore made bequeathed or ratified hereby ratifying and Confirming this and no other to be my last will and testament Signed sealed published and declared by the said Jesse Garrett the testator to be his last will and testament in the presence of us who were present at the time of signing and sealing thereof . Jesse Garrett (seal)

Tim’y Walton
Christain (her mark) Walton
William Lain

(page 24)

State of North Carolina, Bertie County - May Term 1797 - The last will & testament of Jesse Garrett dec'd was proved  in open Court by the oaths of Tim’y Walton & William Lain two of the subscribing witnesses & ordered to be recorded. George Gray, CCC

 


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