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Gardner Wills and Probate Records

Will of Thomas Gardner, 1773
Halifax Co., NC

In the Name of God Almighty, I, Thomas Gardner being very sick and weak in body but of sound mind and perfect memory Praise God do think fit to make and ordain this my last will and Testament in manner and form following by. First, I recommend my soul to Almighty God, which gave it me hoping through the merits of my ever blessed Saviour to secure a free pardon of all my sins. My body I commit to the earth to be decently interred at the discretion of my executors, hereafter named and as for my worldly estate which it hath pleased Almighty God to bestow upon me I leave as followeth.

In primis I give and bequeath to my three sons George, John, and Sterling Gardner all my lands and mill to be equally divided among them. Only my son Sterling to have my dwelling place and George to have the part on the road and John to have over the Marsh Swamp. Also I give to my son John one negro girl named Judith. Also I give to my son George one negro girl named Dinah. Also I give to my son Sterling one negro girl named Suca. They and their increase to them and their heirs forever.

Item I give and bequeath to my son William Gardner one negro boy named James also one negro fellow named Harry to him and his heirs forever.

Item I give and bequeath to my son Camp Gardner one negro boy named Bristoll and one ditto named Lewis to him and his heirs forever.

Item I give and bequeath to my son Thomas Gardner one negro boy named Peter one negro woman named Winney she and her increase from this day (with the said Peter) to him and his heirs forever, also my lot in Winton.

Item I give and bequeath to my son Pryor Gardner one negro fellow named Sam one negro women named Cate she and her increase from this day (with the said Sam) to him and his heirs forever. My will and desire is that my beloved son William Gardner shall receive his said negroes I have above given him on the twenty fourth day of December 1774 and that the other children receive their negroes above given them at the day of marriage or when they attain to the age of twenty one years and if either of my said children should die without heir lawfully begotten that their part shall be equally divided amongst the living.

Item I give all my other estate both real and personal to be sold and the money equally divided among my seven sons Viz: + William, John, George, Camp, Pryor, Thomas, and Sterling Gardner.

Lastly I appoint my beloved wife Martha Gardner & my son William Gardner And my son Sterling Gardner full, whole and sole executors of this my last Will and Testament revoking all other Will or Wills heretofore by me made and acknowledge this to be my last Will and no other. In Witness whereof I have hereunto set my hand and seal this ninth day of November one thousand seven hundred and seventy and three-

(signed) Thos. Gardner (seal)

Signed, Sealed & C
In the presence of Wm Hargrove, George Gardner, Thomas Haile

Halifax___May Court 1777-Then this will was exhibited in open court by the Executor and proved by George Gardner a witness thereto in due form of Law Whereupon Martha Gardner qualified as executrix thereto and in motion Ord d to be recorded.

Test. B. Mc Culloch C. CT.

Source: Transcribed from a microfilm copy of the Halifax Co. Will Book 2, Entry 51, by C. K. Wilson.
Submitted by:  Ken Wilson

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