IN THE NAME OF GOD AMEN, the 24th day of december, 1772. I, John BUTLER, of the County of Tyrrel, Farmer, being weak in body but of perfect mind and memory, thanks be given unto God therefore, calling unto mind the Mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and Testament, that is to Say, principally and first of all, I give and recommend my Soul into the hands of Almighty God that give it, and my body I recommend to the Earth, to be buried in decent Christian burrall at the descretion of my Executors, nothing doubting but at the Generall Resurrection I shall recive the Same again by the mighty power of God; and As touching such worldly Estate wherewith it hath Pleased almighty God to bless me in this life, I give, demise and despose of the Same in the Following manner and Form:
Imprimis. I Lend unto my dearly beloved Wife Elh: five negroes, Viz: Jack, Zepero, Nan, mereen, and mark, with this plantation we now live on, with the horsess, hoggs and Cattle, and all the house hold Furniture. In Case there Should be any money It must be divided Equally, my Wife, William, John & James BUTLER: I Lend, I Say, to my dearly belov’d Wife, Elizabeth, all the Aforsaid Articles dureing her Widowood.
Item. I give to my Son, William BUTLER, the plantation he now lives On, and fifty pounds prock. money, to Leved out of my Estate, and Four Cows & Calves or the Value thereof, to him and his Lawfull heirs for ever.
Item. I give unto my Son, John BUTLER, Six negroes, Vizt: Jack, Zeperoh, Rose, Ben, Bristo and dick, after the decease or marage of my Wife Elizabeth, To him and his Lawful heirs for ever.
Item. I give unto my Son, James BUTLER, the plantation he now lives On, lying on Turkey Swamp, on the South Side the Sd. Swamp, Containing three hundd. acres of of Land more or less, to him and his Lawfull heirs for ever. I Likewise give to my Son, James BUTLER, four negroes Vizt. Dinah, Mark, Little Jack, and Nan, with one Still, one desk, and Ten pounds prock. money, after the Deceas. of my Wife, Elizebeth, or marrage, to him and his heirs for ever.
Item. I give unto my Daughter, Phereby McHENRY, the manner Plantation or the Land I now live, On dureing her Naturall Life, after the Decease or marrage of my Wife Elizebeth, then to my two grand Daughters, Sarah ann McHENRY, and Susanna McHENRY: I Likewise give to my grand Daughter, Wineford McHENRY, one Negro Garl Named Mereen, to her and her heirs for ever, all to be recd: in mater and Form As before mentioned, at the Deceas or marrage of my wife, Elizebeth.
Item. I give to my Grandson, James BUTLER CHERRY, the Son of Martha CHERRY, A piece of Land Joyning to the Gum Log, and from the gum Log up to Wheatleys Old Field. I Likewise give unto Sd. James CHERRY, the Son of Martha CHERRY, two Negroes Vizt: one garl, named Charity, one Boy named Nedd, the Son of Negro Nann, I give it to him to be recd: at the years of twenty one, in matter and Form as before mentiond. I give unto Sd: James CHERRY, one Feather Bead and Bedstead, four Basons, two dishes and Six plates, one Iron pott: in Case he should die without a Lawfull heir it must return to John and James BUTLER my two Sons to be Equally devided between them.
Item. I give unto my Grandson, James GAINER, the Son of Arther GAINER and Sarah, his Wife, one hundred Acres of Land from the flag branch up to the head line, Joyning to his fathers Land, Likewise One negroe boy named Tom, to him and his heirs for ever: if in Case he should die without heirs to return to John and James BUTLER left in manner and form As before mentiond.
Item. I give unto my daughter, Mary Leggett, twenty pounds prock money, To be Levied out of my Estate, to be paid unto her; and her heirs for ever.
Item. I give unto my grand Daughter, Elizebeth CHERRY, Daughter of Arther GAINER and Sarah, his Wife, one negro boy named Isaac, also one Feather Bedd and Furniture or forty Shillings prock, to be reced. in matter and form as before mentioned, to her and her Lawfull heirs for ever.
Item. I give unto my Daughter, Elizebeth JOHNSON, Ten shillings Sterling, to be Levied out of my Estate.
Item. I will and desire that after my Deceas., and my Wife, that all the Resedue of my Estate may be Equally Divided amongst my four Children, Vizt: Wm., John & James BUTLER, and Phereby McHENRY, the Wife of George Augustin McHENRY, to them and there heires for ever.
Item. I give unto my two grandsons, Simon BUTLER, the Son of John BUTLER, and John BUTLER, the Son of James BUTLER, a Tract of Land or plantation Lying the north Side of Trenten Creek, Containing 640 Acres, formerly known by the name of Joseph Messers Land, To them and and their heirs for ever.
Item. I give unto my Son, James BUTLER, the Land Whereon Mary CAGE now Liveth, to him and his heirs for ever.
I Likewise Nominate and appoint my loveing Wife, Elizebeth BUTLER, and my two Sons, John and James BUTLER, my Sole Executors and Exx: of this my Last will and Testament, revokeing and making void all other former wills, Lagacies formerley by me made, Ratifying and confirming this and no other To be my Last will and Testament.
In Witness whereof I have hereunto Set my hand Seal, the day and date first Above Mentiond.
Signed, Sealed, pronounced, and declared, by the Sd John BUTLER to be his Last will and Testament in Presence of us:
BE IT KNOWN TO ALL MEN BY THESE PRESENTS. that, I, John BUTLER, Senr., of the County of Tyrrell, planter, have made and declared my last will and Testament. in writing, Bearing date the 24th. day of December, 1772. I, the Said John BUTLER, by thise presents Codicil do ratify and confirm my Sd. Last will and Testament, and do give and bequeath unto my Grand Son, Andrew BUTLER, the Son of James BUTLER, the Herring gut Land, from the Gum Logg Branch Down to the river. I do Likewise revoke the Bedd and Furniture which I give to my grand Daughter, Lizabeth CHERREY (CHERRY), mentioned in my will. I give to my Daughter, Pherebe McHENRY, one Bedd and Furniture which I now Lay On, after me and my Wifes Decd. And my will and meaning is that this Codicil or Schedule be Adjudged to be a part and parl. of my last will and Testament, and that all things therein mentioned and Contain’d be Faithfully and truly performed, and as fully and amply in every Respect As if the Same were So Declared and Sett down in my Last will and Testament.
Witness my hand this fift day of march, 1773.
The within last Will and Testament of John BUTLER, deceased, and the Codicil thereto annexed, were proved before me this fourteenth day of October, 1773, By the Oaths of Edmund Andrews, and John Whitehurst, two of the subscribing Witnesses to the said Will, and Jacob Morris one of the Subscribing Witnesses to the said Codicil, who severally, and not one for the other, swore that they were present and did see the said Testator sign, seal, publish and declare the same to be and contain his last Will and Testament with his Codicil thereto annexed; and that at the several times of executing his said Will and Codicil he was of sound and disposing Mind and Memory. And John and James BUTLER, the Executors therein named, having taken the Oaths and qualified as the Law directs, It is Ordered that Letters Testamentary issue thereon accordingly.
Copied from Original Will filed in the Office of the Secretary of State.