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Will of John Heath, Sr.,

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Date: [unknown] [unknown]
Location: Halifax, North Carolinamap
Surnames/tags: Heath USBH
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The following transcription is of the will of John Heath, Sr. (1717-1765), dated 20 Feb 1765, and proved in Halifax County Court Oct 1765.

  • Note - Newly transcribed, needs proof reading and formatting.

In the name of God, Amen. The ? and 20th day of February in the year of our Lord Christ, 1765. I John Heath of the county of Halifax, being sick and weak in body but of perfect sense and disposing memory, thanks to the almighty God, ? the same do make and ordain this my last will and testament in manner and from following ?

First: I give and devise to my son, John Heath & his heirs forever, two hundred acrese of land ?whereon Joseph Butler formerly lived.

And I also give and devise unto my said son John Heath my black horse and saddle and bridle that is commonly called his saddle and bridle.

Item 2: I give and devise to my two sons, William Heath and Abraham Heath, which is now and infant, lately son & to their heirs forever the remainder part of my land to be equally divided between my two said sons, William & Abraham.

And I also devise that my youngest son, Adam shall have the plantation whereon I now live.

And my desire is also that if my said son Adam should die without a lawful heir, that my son Moses Heath shall have the same land and plantation, whereon I now live.

And I also desire that my son, William, should die without a lawful heir that my son, James Heath, shall have that part of land that was given to William.

And I also devise unto my son William, one cow and calf and one sow and pigs, when he shall arrive to the age of 21 years.

Item 3: I give and bequeath unto my daughter, Mary Heath, my negro boy named Jack.

And I also give and devise to my said daughter Mary, one feather bed and furniture.

Item 4: I give and devise to my son, Jesse Heath, and my daughter, Sarah Heath, my negro woman Cloey and her increase to be equally divided between my said two children, Jesse and Sarah, when ever they shall arrive to the age of 21 years.

And I also desire that the said negro woman (Cloey) and her increase shall remain in the care and possession of my wife, until my said two children shall come to the age of 21 years.

Item 5: I give and bequeath unto my two sons, James Heath and Moses Heath, my negro woman, Pat and her increase to be equally divided between my said two sons, whenever they shall arrive to the age of 21 years.

And I also desire that my negro woman, Pat and her increase shall remain in the care and possession of my wife until my two sons shall come of age.

Item 6: I give and devise unto my wife, Eliza Heath, my negro woman, Joe.

I also give and devise unto my wife Eliza the use of my negro, Garl (Yarl?), Hannah and her increase during her natural life.

And at her death, I desire that the said negro, Garl, Hannah and her increase may equally be divided between my three sons, John Heath, William Heath, and Adam Heath.

Item 7: I also give and devise unto my wife Elizabeth Heath, the use of all the remainder part of my estate during her natural life.

And at her decease, I desire that it may be equally divided between my six children: Mary Heath, Elizabeth Cureton, James Heath, Moses Heath, Sarah Heath and Jesse Heath.

Lastly: I do appoint my loving wife, Eliza Heath and my son-in-law, James Cureton, Executors of this my last will and testament, disannulling all former wills, made before. In testimony whereof I have hereunto set my hand and seal, the day and year first within written.

Signed, sealed & published by John (his mark) Heath (seal)

Witnesses:

William Trevelliam
John Tew
Abraham Heath
Halifax County; October Court, 1765.

Sources

  • 1765, Halifax County, North Carolina; Wills, Vol 1-2, 1759-1781; book 1; p. 168-169; image 181-182 of 485 FamilySearch




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