Submitted By: Linda Carpenter
Warren County Wills, 1780-1825. Volume II, Page 35, Folio 2. Department of Archives and History, Raleigh, State of North Carolina.
In the name of God Amen. This first day of August one thousand, seven hundred & eighty three, I, William Durham, of the County of Warren, being at this time weak of body, but of sound mind and disposing memory. Thanks be to Almighty God for the same, but call to mind it being appointed for man to die to ordain this my last will & testament, first resigning Soul to him who first gave it to me and as for my mortal body I desire may be committed to the Earth and buried in a Christian like manner at the discretion of my Executers here after mentioned as to my worldly estate the blessed Lord has been pleased to bestow upon me. I give and desire in manner and form following first that all my just debts be honorably paid and my funeral expenses discharged.
I will and desire that all my estate of every kind whatsoever maybe equally divided amongst all my children.
I desire that my two negroes Harrah and Sarah be appraised by three good respectable freeholders at twelve months credit to be chosen by my Executors for that purpose upon the same being appraised that the said two negroes may choose their master or mistress of any of children upon such one they make choice to pay unto each of my other children their proportion with them or give bond of security to them for their proportion payable in twelve months.
Having sold Ezekiel Marshall one certain tract or parcel of land adjoining the land of my son William Durham; Mollham Merrick and having not conveyed the same to him. The said Marshall having not paid up the purchase money and in order to do equal right and justice to him the said Marshall that upon him the said Marshall paying up to the purchase money or given his bond to my Exors according to our said contract that is to be pay six pounds, three shilling, Virginia money next Christmas & six pounds Virginia money the Christmas following. Then in that case I do authorize my Executors to execute a deed for the conveyance of the same in fee simple to him the said Ezekiel Marshall.
I do nominate and appoint my son William Durham and son in law Dudley Hale whole and sole Executors of this my last will and testament utterly disannulling all other wills made by me.
Probated August 1, 1793 in Warren County, North Carolina.
This will is quoted at length because it indicates his only daughter Jane married Dudley Hale, named as a son in law of William I. Also, he mentions Francis Marshall the daughter of Ezekiel and Lucy Marshall married William Durham III in Sumner County, Tennessee in 1808. Thus, the family of Ezekiel Marshall, former neighbors of William II in Warren County, North Carolina another migrated to Sumner County or Francis traveled there to marry her former childhood neighbor.
This copy of William Durham Sr. was found at the Sumner County Archives.
William Durham made his will in 1783 from Warren County, NC (Deed Book 6, p. 219)