THE LAST WILL & TESTAMENT OF
New Hanover County
In the Name of God Amen, I Edward Hyrne of New Hanover County in the province of North Carolina, being weak inBody but of sound mind and memory, thanks be to God for it, do make this to be and contain my Last Will and Testament hereby revoking and declaiming Null and Void all Wills by me heretofore made IMPRIMIS, I recommend my soul to the hands of Almighty God whogave it, trusting through his Infinite mercy and the merits and Intercession of my Redeemer Christ Jesus to find pardon of my sins and favourand acceptance with him and my Body, I commit to the Earth to be decently (buried) at the disoration of my Executors hereinafter Named.
ITEM. After my just debts and funeral charges are paid, which I desire may be done as soon as possible can be after my decease, until the same is done it is my will that my personal Estate of what kind or nature soever Shall be and remain undivided under the sole care, discretion and management of my son Henry, unlefs my three sons shall agree to divide the same and shall give security to each other to pay each one third part of my said debts and funeral charges. I give devise and bequeath in manner following all my estate.
ITEM. I give devise and bequeath unto my beloved son Henry Hyrne four hundred and twenty acres of land being part of the tract of Old patent land, whereon I now live called Hyrn Ham, which was given me By Colol'n Maurice Moore, Also Five hundred and fifty-three acres of my new patent land next adjoining and contiguous to the said four hundred and twenty three acres, making in the whole Nine hundred and seventy three acres to be lad of and divided to him according to the plat to this my will annexed to him the said henry his heirs and assigns forever.
ITEM. I give and bequeath to my said beloved son Henry the negro Slaves following by name (that is to say) Will a cooper, Toby Cota, Abraham, Sampson Dick, Lucy, (Will's daughter) Celia Judy Lucy and Nannie, also my Ox Cart and wheels with the yokes and chains thereunto belonging to him the said Henry his heirs and assigns forever.
ITEM. I give devise and bequeath unto my beloved son George Hyrne the remaining part of my new Patent land containing about seven hundred and forty seven acres, lying mostly on the west side of
Turkey Creek to be laid of from the other part of the said land herein before given my said son Henry as is described by the plat aforesaid annexed to this my Will, to him the said George his heirs and assigns forever.
ITEM. I give and Bequeath to my said beloved son George the Negro Slaves following by name (to witt.)Cate Winyaw Diego Jenny Ceasar Jack Hannah (Will's daughter) Peggy Sarah and her daughter,Sarah. Also my horse and cart and new wheels now in my Barn, to him the Said George his heirs and Assigns forever.
ITEM. I give devise and bequeath to my beloved Son Benjamin Hyrne, Two hundred acres of land being the remaining part of the Old patent land whereon I now live called Hyrn Ham to be laid of from the other part of the said land herein before given to my beloved son Henry, by a line running parallel with the first line on that side next my Kinsmans, John Moores land in the manner described by the plat annexed to this my Will to him the said Benjamin his heirs and assigns forever.
ITEM. I give and bequeath to my said Beloved Son Benjamin the negro slaves following by name (to witt) Simon Young Pagot, Sam, London, Robin, Dinah Kate Sabina (Katy, Will's daughter) and Phillis, Also my Iron Boxes and hoops belonging to my horse cart that lays Broke at Col. John Swann, to him the said Benjamin, his heirs and assigns forever.
ITEM. I give and bequeath to my beloved Son Henry Hyrne, One half part of my Sheep Black Cattle Horses Mares and Hogs, to him the said Henry his heirs and assigns forever.
ITEM. I give and bequeath the other half part of all my said Sheep Black Cattle Horses, Mares and Hogs to my beloved sons George and Benjamin to be equally divided Between them share and share alike to them and their heirs and assigns forever.
ITEM. I give and bequeath to my beloved sons Henry George and Benjamin all my Bedding Bolsters Mattresses Sheeting Quilts Bed Covering and Bedsteads (that shall be and remains of my present stock and security given by my said Sons to each other for the payment of their several parts of the same as in this my Will is first above mentioned to be equally divided among them share and share alike.
ITEM. I give and bequeath to my Son Henry Hyrne all my household goods of every kind whatsoever, as also all my personal Estate not herein this my Will otherwise particularly given and disposed of to him the said henry his heirs and assigns forever.
ITEM. Whereas I think it my duty to provide for my Three Superannuated negroes (to wit) old Lucy, Old Pegot, and Old Hagar and that the charge and care may fall equally on my sons Henry, George and Benjamin. I therefore give and bequeath Old Lucy to my said son Henry, I give and bequeath Old Hagar To my son Benjamin.
ITEM. I give devise and bequeath unto my beloved Son in Law Francis Britain my tract of land in South Carolina lying on the North kEnd of an Esland formerly called Laurences Island, Between PeDee and Waccamaw Rivers and fronting on the said Pedee River and on the uppermost thoroughfare, Between the said Pedee and Waccamaw Rivers, which land was given me by the late Landgrave Thomas Smith and contains by Estimation five hundred acres, to him the said Francis Brittain his heirs and assigns forever.
ITEM. I give and bequeath to my beloved Son in Law Joseph Waters my negro Girl names Mariah (Daughter to young Satrah) to Him the said Joseph, his heirs and assigns forever, I hope my aforesaid Sons in Law and their wives my Daughters will not imagine that the smallest of the Bequests I have made to them proceeds from my partiality or want of equal affection to all my children which it doth not, but from the consideration that providence hath blest them with all Fortunes near equal to mine own and my desire (in which I have the advice and approbation of my best friends) of making a provision for my three Sons Henry, George and Benjamin to enable them with their own Industry to live comfortably in the World (as my said sons in Law and daughters throuhg the blessings of Providence already so). Lastly I nominate and appoint my said three Beloved Sons Henry George and Benjamin Executors of this my last will and Testament and at the same time earnestly requesting my Loving friends Samuel Swann, Exq. And Col. John Swann to be aiding and assisting to my said Sons with their council and advice. In Testimony whereof I have hereunto Set my hand and Seal to this my Will, contained and written on part of two Sheets of paper annexed with a plat of the several lands within mentioned this twenty Seventh day of February in the year of our Lord one thousand Seven hundred and fifty five.
EDWARD HYRNE (SEAL)
Signed Sealed Published and Declared by the said Edward Hyrne the Testator as and for his Last Will and Testament in the Presence of us, who in His presence have subscribed Our names as Witness hereunto.
Samuel Swann, George Meares, Handle Stone (?)
These may certify that Samuel Swann,Esq. One of the subscribing evidences to the within Will appeared in Open Court and made Oath on the Holy Evangelists that he was present and saw Edward Hyrne sign Seal and declare the within to be and contain his last Will and Testament and that the said Edward Hyrne was then at that time of sound and disposing memory and that also he saw George Meares and Handle Stone the other subscribing evidences sign their names thereto at the same time then also appeared Henry Hyrne Executor in Open Court and took the Executors Oath in due form of Law. Ordered that the Honorable Henry McCullock Secretary of the province have due Notice hereof - May Court 1755.
New Hanover County, North Carolina
Record Book D, pages 142-143-144
HOME ~~~ WILL INDEX
©1999Yauhannah All Rights Reserved