proved January term 1839

In the name of God amen I SAMUEL SPRUILL a citizen of the county of Tyrrell and state of North Carolina being of sound, disposing mind and memory thanks be to God for that and all his other blessing but laboring under great bodily affliction and knowing that it is once ordained for all men to die do make and publish this to be my last will and testament revoking and making void
all others heretofore made by me confirming this and this alone it is my will and desire that my body shall be buried in a decent Christian like manner at the discretion of my executor hereafter named and as to such worldly property as it has pleased God to bless me with I dispose in the manner and form following to wit:
ITEM 1st. I lend to my beloved wife FANNY A. SPRUILL the one third of my manor plantation whereon I now live including the dwelling house and the one third of my out buildings during her
natural life and give her the liberty of getting such wood and timber as may be necessary for her off of any land I am now possessed of.
ITEM 2nd. I give to my beloved wife FANNY the one half of all the corn, pork, peas, bacon, fodder, oats, wheat and groceries that may be on hand at the time of my death and I give the other
half to my son HEZEKIAH G. SPRUILL.
ITEM 3rd. I give all my farming tools of every sort to my wife FANNY A. SPRUILL and my son HEZEKIAH G. SPRUILL to be divided between them.
ITEM 4. I give and bequeath to my two sons HEZEKIAH G. and FLAVIUS I. SPRUILL all my coopers and carpenters tools to be divided between them.
ITEM 5. I give all my horses, cattle, sheep, household and kitchen furniture to my wife and all my children to be equally divided among them. Except one horse named Fred which I give to
my son FLAVIUS I. SPRUILL.
ITEM 6. I give all my books to my two sons HEZEKIAH G. SPRUILL & FLAVIUS I. SPRUILL except my religious books which I give to my wife FANNY A. SPRUILL.
ITEM 7. I give and bequeath to my two sons HEZEKIAH G. & FLAVIUS I. SPRUILL my blacksmith S??? and my blacksmith tools to them and their heirs forever and in case of the death of either of my sons without issue I give the said Negro and tools to the survivor.
ITEM 8. I give to my son HEZEKIAH G. SPRUILL in trust for PERMELIA MEFLERS? one Negro man named Bill to be hired out annually and the profits after deducting 10 per cent to be paid
by him to the said PERMELIA MEFLERS? and at the death of the said PERMELIA MEFLERS? I give the said Negro man Bill to the said HEZEKIAH G. SPRUILL forever provided that if the said Negro dies before the said PERMELIA MEFLERS? then all my heirs shall join together and pay over to the said PERMELIA what may be judged together with her own industry necessary for her support.
ITEM 9. I give to my two daughters CAROLINE B. SPRUILL and CARY ANN SPRUILL and their heirs forever the following tract of land to be equally divided between them beginning at a ditch at the head of the Swamp between me and JOHN THOROUGHGOOD land running up the courses of said ditch to the fence at the back of my old wheat patch field then running the course of the ditch on N 5 1/2ø E all it strikes THOMAS HOPKINS line on the line of the Cow Ridge sand line belonging to the estate of JNO THOROUGHGOOD then an eastwardly course along said line to the corner of the Cow Ridge land line THOMAS HOPKINS corner tree then south 10 E 85
poles to a corner tree, a beach then S 45ø and 160? poles along JNO THOROUGHGOOD line to the line between JOHN THOROUGHGOOD and myself to a gum then along the said line to the beginning of this divide to be divided between them agreeable to quantity and quality and in case either of my said daughters should die before they have issue the whole shall belong to the survivor.
ITEM 10. I give and bequeath to my son FLAVIUS I. SPRUILL my manor plantation whereon I now live to him and his heirs forever bounded as follows beginning at the ditch at the landing running
up the courses of said ditch to the first turn of my road thence along that line mentioned in a deed to HEZEKIAH G. SPRUILL to the Cow Ridge line thence along the Cow Ridge line till it intersects
with the line mentioned in the divide to CAROLINE B. & CARY ANN SPRUILL thence along their line S 5 1/2ø W to the end of the ditch in the old wheat patch field thence along the said ditch to the end thereof in the Swamp thence S 45 W 105 poles to the creek thence along the creek N 34ø W to the first station in which devise is included the loan to FANNY A. SPRUILL of the third part of my manor plantation.
ITEM 11. I give to my two sons HEZEKIAH G & F. I. SPRUILL a tract of Cypress Swamp lying and being on the Sound Side containing 300 acres more or less also one tract of land known by the name of the Savanna Patent also a track of Juniper Swamp lying at Poplar Ridge which I purchased of JNO R. DONNELL and the heirs of ??? such also fifty acres mortgaged to my father and by him given to me to HEZEKIAH DAVENPORT formerly lived and also all land not heretofore disposed of to them and their heirs forever.
ITEM 12. It is my will and desire that if either of my sons should die without lawful issue the whole of the land bequeathed to them shall belong to the survivor.

Note: Item 13 skipped in numbering

ITEM 14. I do hereby give and bequeath to my wife FANNY A. SPRUILL and my children HEZEKIAH G. CAROLINE B. CARY ANN & FLAVIUS I. SPRUILL all my Negroes not heretofore disposed of to them and their heirs forever to be equally divided among them.
ITEM 15. My will and desire is that all my just debts be speedily and honorably paid. Of them there are but few and none large and there is enough owing to me to pay them; but in case there should not be, my will and desire is that my executor shall sell such property as can be best spared and make title thereto.
ITEM 16. The net profits of my estate if any I give to my son HEZEKIAH G. SPRUILL.
Item 17. I give and bequeath to my wife FANNY A. SPRUILL my double riding chair and one set of harnesses.
ITEM 18. I hope trust and pray to almighty God that no difficulty may arise among my wife and children respecting the foregoing property but if unfortunately any should arise, my will and desire is that each party shall choose one good man as an arbitrator and these two shall choose a third man and to these three men the matter in contest shall be left and their award shall be as binding on the parties as the judgment of the Supreme Court of the United States would be.
ITEM 19. It is further my will and desire that when every any of the above named property is about to be divided the parties shall each choose a man and if they cannot agrees these two shall choose a third man and the decision made by these men shall be as binding upon the parties as if made in any court of record within the state of North Carolina.
ITEM 20. I do hereby nominate constitute and appoint my son HEZEKIAH G. SPRUILL my whole and sole executor to this my last will and testament.
ITEM 21. I do hereby constitute and appoint my son HEZEKIAH G. SPRUILL a testamentary guardian to my two children FLAVIUS I. & CARY ANN SPRUILL and do vest in him all the powers of a guardian.

The erasure between the 3rd & 5th lines in the 7 Item was done
before the execution of this.

In testimony whereof I have hereunto set my hand and seal this 21st day of May one thousand eight hundred and thirty two (1832).

Signed, sealed & delivered in presence of us:

Jos. Midgett                                  Samuel Spruill
Joseph Evans

The word "issue" between the 11 & 12 line of the 4 page and the word "sell" between the 4 & 5 line of the 5 page were interlined in the presence of Samuel Spruill and by his request.

Samuel B. Spruill

Will Index