The Last Will & Testament of CHARLES BUTLER
1861, Craven Co., NC
In the Name of God Amen,
I Charles BUTLER Of the County of Craven and State of N. Carolina Being of Sound disposing Mind and Memory, – do Make and publish this my Last Will and Testament . . in manner and Following That is to say I Loan to my beloved Wife Rebbecca Butler all the money and Notes after Paying off my Just debts. – Also my Stock of Cattle Sheep and Hogs Bees &c. together with the Plantation o which I now live; – Also the Household and Kitchen Furniture, together with all my utencils for Farming and other mechanical Purposes – During her Natural Life or Widdow hood,
2nd Item, I Give and devise to my Oldest son Wm. H. BUTLER a certain Piece of Parsel of Land Situated in Craven County N. C. on the North Side of Swift Creek. Adjoining the Lands of Scott SPEARS and James ROACH, Beginning at a White Oak Known as the Spears Corner, and Patented by Arthur [BUTLER] being Fifty Acres more or Less – Also one other Tract Situate as Above, Begining at the begining Corner of my own Land – Scott SPEARS and William H. BUTLER and runs with the said Wm. H. BUTLERS line to the Creek and down the Creek to Butlers Ford, thence with the Edge of the Creek swamp to my Corner, thence with my line to Calvin Butlers Corner made by myself, – thence with Calvin Butlers to the Mery Branch thence up the Branch to Wm. H. BUTLERS and Scott SPEARS line to the begining Containing Fifty Acres more or Less.
3rd Item, I Give and Devise to my son Calvin BUTLER One Tract or Parsel of Land situate and Lying and being in the County of Craven and State of North Carolina on the North side of Swift Creek begining on the Miery Branch, Wm. H. Butlers Corner and runs with his line to his Corner, thence with his line to a corner in BRYANs line thence with BRYANs line to Charles C. BUTLERs Corner thence with Calvin BUTLERs line made by myself to the Miery Branch thence down the Branch to the begining. Containing Seventy Five Acres be the same more or less, —
4th Item, I Give and Devise to my youngest son Charles Christipher BUTLER one Tract or Parcel of Land Situate as above, lying and being on Swift Creek, adjoining the aforesaid Lands as Calvin BUTLER Corner in Miery Branch, running with and up said branch to Charles BUTLERs Begining Corner thence with my line to Calvin BUTLERs Corner
5th Item, I Give and Devise to my Two sons Charles C. BUTLER and Calvin BUTLER the Piece or Parsel of land lying in the Creek Swamp adjoing the lands of Wm. H. BUTLER and others Supposed to be Fifty acres more or Less, Likewise I make Constitute and appoint my son Wm. H. BUTLER to Be Executor to this my last will and Testament hereby revoking all Former wills by me made.
In witness whereof I have hereunto Subscribed my Name and affixed my Seal the 4th day of Aug. one thousand Eight Hundred and Sixty-one.
Charles [HIS MARK] BUTLER
The above written Instrument was subscribed to by the Said Charles BUTLER in our Presence and acknowledged by Him to Each of us and he at the same time Published and declared the above Instrument so subscribed to be his last will and Testament and we at the _____ [illeg. word] Request and in his Presence have signed our Names as witnesses Hereunto Signers Levi P. WAYNE, Jackson CLARK
November 13, 1687. Wife: SARAH. Daughter: ELENER CONET. Witnesses: THOMAS MONEY, THOMAS BUTLER. No probate.
January 13, 1721. October 23, 1722. Sister, Executrix and sole devisee and legatee: SARAH BARROW. Witnesses: WILLIAM DAVIS, JACOB BUTLER and CHRISTOPHER BUTLER. Will proven before C. GALE, Chief Justice.
May 24, 1745. Wife: MARY. Son: CHRISTOPHER BUTLER (dwelling and plantation). Daughter: SARAH BUTLER. Grandson: JACOB SIMONS. Executors: CHRISTOPHER BUTLER (son) and MARY BUTLER (wife). Witness: CHRIS’R BUTLER. Clerk of the Court: JOS. CRAVEN. This will is proven by affidavits of JOSEPH MING and DAVID BUTLER.
August 13, 1742. October Court, 1749. Wife and Executrix: MARY (all land and estate of testator in trust for children). Witnesses: NATHANIEL MING, MARTHA MING. Clerk of the Court: WILL MEARNS.
December 24, 1772. October 14, 1773. Wife: ELIZABETH. Sons: WILLIAM, JOHN, JAMES (plantation on Turkey Swamp). Daughters: PHEREBY MCHENRY (wife of GEORGE AUGUSTUS MCHENRY, “manner plantation”), ELIZABETH JOHNSON, SARAH GARNER, MARTHA CHERRY, MARY LEGGITT. Granddaughters: SARAH ANN MCHENRY, SUSANNA MCHENRY, WINEFORD MCHENRY, ELIZABETH CHERRY (daughter of ARTHUR GARNER and SARAH) Grandsons: JAMES CHERRY (son of MARTHA), JAMES GARNER (son of ARTHUR and SARAH GARNER), SIMON BUTLER (son of JOHN), JOHN BUTLER (son of JAMES). Executors: ELIZABETH BUTLER (wife), JOHN and JAMES BUTLER (sons). Witnesses: EDMUND ANDREWS, JOHN WHITEHURST, SOLO. WILSON. Will proven before JO. MARTIN. Codecil to Will of JOHN BUTLER: Dated November 5, 1773. Grandson: ANDREW BUTLER. Granddaughter: ELIZABETH CHERRY. Daughter: PHEREBY MCHENRY. Witnesses: JACOB HARRIS, SOLO. WILSON.
July 9, 1721. September 25, 1721. March 29, 1722. Wife and Executrix: MARY. Daughters: ELIZABETH ISLER, MARY WHITE. Granddaughter: MARY ISLER. Grandson: DAVID DUPUISE. Wife’s son: DENNIS ODIER. Son-in-law and Executor: CHRISTOPHER RUNNILLS. Witnesses: RICHARD CARY, JOHN BUTLER, PETER GREEN. Clerk of the Court of Isle of Wight Co., Virginia: W. BRIDGERS. C. GALE, C. J.
October 18, 1693. April Court, 1694. Father: RICHARD STIBETT (STIVER). Witnesses: CHRISTOPHER BUTLER, WILLIAM SPRICK, ANHORETTA BUTLER. No probate.
August 14, 1749. September Court, 1751. Sons: JOHN and THOMAS. Son-in-law: ARTHUR PEIRCE (Executor). Wife: ANN. Executor: RICHARD PEIRCE. Witnesses: ROBT. BUTLER, ANTHONY FULGHAM, ANNE PEIRCE. Deputy Clerk of the Court: JAMES OATES.
August 6, 1745. March Court, 1745-1746. Sons: ARTHUR, JOHN (plantation and mill at Conohoe) DUNLY (550 acres of land on lower side of falling Creek), MOSES (400 acres land on Cohary Swamp). Daughters: JERUSHAH FORT. Wife and Executrix: MARY. Executors: ARTHUR and JOHN FORT. Witnesses: JOHN PIPKIN, JOHN FORT, JUNIER. Clerk of the Court: JOHN RICE.
May 16, 1748. June Court, 1748. Brothers: MOSES and ARTHUR and DRULY. Sister: JERUSHA. Executors: WILLIAM HOLMES (father-in-law). DRULY FORT (brother). Witnesses: ROBERT BUTLER, JOHN PIPKIN, JETHRO PIPKIN. Deputy Clerk of the Court: RICHARD CASWELL.
January 19, 1719. March 16, 1719. Brothers: WILLIAM, THOMAS and JACOB HARDY. Daughters: ELIZABETH and MARY. Wife and Executrix: REBECCAH. Other legatees: KATHERINE STANCELL, RICHARD PICKERING, JOHN BUTLER. Executors: WILLIAM HARDY, THOMAS POLLOCK and ROBERT WEST. Witnesses: JOHN HOLBROOK, LAURENCE SARTON, JOHN LUERTON. Proven before C. EDEN.
November 14, 1694. April Court, 1695. JANE BARFIELD, RICHARD BARFIELD, WILLIAM BUTLER, SARAH BEASLEY, TIMOTHY CLEAR, ELIZABETH PHELPS, JAMES KENIDAY. Executor: WILLIAM BOGUE. Witnesses: JOHANNA BEASLEY, JANE BYARD, PATRICK CENADY. Clerk of the Court: JOHN STEPNY.
February 7, 1742-1743. May Court, 1743. Wife: ELLENER. Son-in-law and Executor: JETHRO BUTLER (“my manner plantation and six negroes”). Witnesses: HENRY HORNE, JOHN CAMPBELL, RICHARD MEDLIN. Clerk of the Court: HENRY DESON.
March 5, 1748-1749. September Court, 1750. Sons: MICHAEL, JOHN (1 negro and “all cattle running on Little Cantanknee”), DAVID. Daughters: ELIZABETH NOBLE (100 acres of land), DORCAS OVERSTREET (land lying on Little Cantanknee). Executors: MICHAEL and JOHN (sons). Witnesses: GRIFFITH HOWELL, JOHN BUTLER, ELIZABETH BUTLER. Clerk of the Court: EVAN JONES.
August 4, 1748. June Court, 1750. Daughters: ALICE, MARY and ESTHER. Son: JOHN (land, cattle, etc.). Wife: JANE. Executors: JOHN WOOD (son) and JOHN SMITH. Witnesses: ROBERT and ANN BUTLER, WILLIAM BUTLER. Clerk of the Court: R. CASWELL. Courthouse on Walnut Creek.