James Middleton Sr. (d. 1805) Will

Descendants of John Middleton of Onslow County, NC

LAST WILL AND TESTMENT

James Middleton, Sr. (1801, proved 1805)

(Duplin Co., NC Book A, pp. 278-286)

In the name of God Amen. I JAMES MIDDLETON Senr. of the State of North Carolina and County of Duplin being aged and sick but of sound mind and perfect in memory calling to mind the uncertainty of human life and knowing that it is appointed for all men once to die do make this my last will and testament in manner and form following that is to say. First I recommend my Soul to God that gave it me and my Body to the ground to have decent and Christian burial at the discretion of my Executors hereafter to be named. And first as to what worldly goods it hath pleased God to bless me with I dispose of in the following manner. And first my will and desire is that all my just debts and funeral expenses be paid by Executors as hereinafter directed.

IMPRIMUS: My will and desire is that my beloved wife MARY MIDDLETON do have quick and reasonable possession of all my land and buildings in Duplin County So. of the Grove Swamp during her natural life with the following exceptions viz: my son DAVID is to have the use and benefit of that part of the plantation So. of the Mase [?] Branch that is all that part before the house [?] as it now stands and down to the So. Daviss[?] line for the term of five years should he the said DAVID live so long without paying tax or rent and the said DAVID is to return the plantation in as good order as he received it.- - also Excepting the barn field as the fences now run which is reserved to my son ROBERT MIDDLETON and half of the orchard.

ITEM: I lend to my Beloved wife during her natural life the use and labor of the following Slaves Viz: SAM, NED, AMAY, and PEGG and at my wifes decease I will that the said slaves be divided as follows viz: AMAY is to be the property of my daughter SARAH NIXON and the heirs of her body forever, provided that should AMAY have a child or children before the Death of my wife, SARAH, ______ to be equally the property of SARAH NIXON, ELMA HERRING, and KITTY MIDDLETON my daughters and at my wife's decease PEGG is to be the progerty of ELMA HERRING and SAM the property of ROBERT MIDDLETON and NED the property DAVID MIDDLETON and of their heirs forever. Also I lend to my wife a negro girl named HESSE and at my wife's death is to be the property of my Daughter SARAH NIXON and the heirs of her body forever.

ITEM: I give and bequeath to my beloved wife MARY MIDDLETON all my stock of hogs that are in my own mark and likewise all my stock of sheep except the pay ments of two leganis [?] viz to my son ROBERT two ewes and lambs and to my Daughter KITTY two ewes and lambs which are to be paid to them by my Executors -- I also give to my wife the horses viz: Robuck, Lightfoot and Jibby a filly that came of my mare named Fancy. I also give to my wife five cows and calves and one yoke of oxen and one ox chain and as many of the dry cattle as my Executors shall judge sufficient for the ___ her and the family support for two years. Also I give to my wife three axes one pair of hand mill stones nearly new during her natural life and then to be the property of my son ROBERT and of his heirs. I also give to my beloved wife three plows viz one Barr and two Llukers also three of the rest [?] weeding hoes two grubing hoes and two pair of iron wedges which articles at her death is to be equally divided among all my children. I also lend to my wife one wire sieve during her natural live and at her death to be the property of my sons DAVID and ROBERT and the longest liver of the the two to have the said sieve entirely. I also lend to my wife one new flower _____ during her life and at her death to be the property of my son-in-law DANIEL NIXON. I also gove to the said DANIEL NIXON my walking cane as a testimony of my regard and esteem for him. I also give to my wife one case and bottles and three reap hooks. I also lend her one ox cart during her life and at her death to be the property of my son ROBERT. I lend to my wife all my household furniture that is not already or hereafter taken away by this will to her during her lifetime that is now belonging to my dwelling house two bedds and furniture she is to retaing during life and at her death to be delivered to my son ROBERT and daughter KITTY to each one bed provided nevertheless that should my son ROBERT marry or go to house keeping before the death of his mother in such case he is to receive half dozen of _____ chairs. My small mahogany table and my square pine table all my barrels, hogsheads and such cooper ware to be equally divided between my wife and sons DAVID and ROBERT and all my jugs and two demi johns to be valued and my son DAVID to have one third part the value in the jugs the balance to remain with my wife and ROBERT she retaining the Demi Johns her life ____ and at her death to be the property of my son ROBERT. I will and desire that all my kitchen furniture of every kind be divided between my wife and my son ROBERT and my daughter KITTY and at my wife's death her part to be again divided between ROBERT and KITTY. I also will and desire that my Executors do put into the possession of my wife 5 or six cows or heifers to remain with her stock until my son ROBERT and daughter KITTY arrive at lawful age or sooner marry and then they are to receive each two cows and calves out of the said cattle.

ITEM: I also will and desire that my Executors do out of the moneys now in hand purchase three mahogany tables the size of my smallest one or thereabouts and when bought to deliver one to my son DAVID - one to my daughter ELENOR HERRING and one to my daughter KITTY MIDDLETON.

ITEM: I give and bequeath to my son DAVID MIDDLETON all the lands that I own or am possessed of in the County of New Hanover to him and his heirs forever.

ITEM: I give and bequeath to my son DAVID MIDDLETON the following slaves viz: one Negro man named ISSASH one Negro man named POMPEY one Negro woman named JUDE and one Negro boy named WARRICK to him and his heirs forever. I also give to my son DAVID MIDDLETON one old pair of cart wheels iron bound. I also give to my son DAVID my set of blacksmith tools. Reserving to my wife and to my son ROBERT the previledge of getting their work done where they can get workman to do it. Also one old cross cut saw to my son DAVID - and one new whopsaw jointly to my son DAVID son ROBERT and to my wife during life.

ITEM: I give and bequeath to my son DAVID MIDDLETON my rifle gun and also my half in an old still between me and WILLIAM RIGBY Senr.

IMPRIMUS: I give and bequeath to my son ROBERT MIDDLETON all the lands that I possess at this time in my own right in the County of Duplin (with the exception of a part to DAVID MIDDLETON for five years and the Dower before mentioned by my wife) to him and his heirs forever.

ITEM: I give and bequeath to my son ROBERT MIDDLETON the following slaves viz: one Negro man named OCHRA, one Negro lad named BILLY one girl named WILY [?] and one boy called JACK to him and his heirs forever. I also give to my son ROBERT one mare called Dolly and one horse colt called Brehennar [?] and one saddle and bridle which the said ROBERT hath already recd. I also give and bequeath to my son ROBERT one feather bed and beadstead and bed furniture on his arriving at lawful age or sooner marrying also half a dozen of pewter plates two pewter dishes two pewter basons half dozen of spoons and half dozen of knives and forks to him and his heirs forever.

ITEM: I give and bequeath to my son ROBERT MIDDLETON my copper still and worm reserving to my wife and son DAVID the priviledge of distributing therein their cyder or other stuff for liquor when the said ROBERT is not using her in distiling her own fruit - they my wife and son DAVID paying their proportion of the dutys. I also give and bequeath to my son ROBERT all my books of every kind of which I am possessed except the large testament which I give to my daughter KITTY MIDDLETON. I also give and bequeath to my son ROBERT my shot gun with the copper band round the britch as also my carpenter and coopers tools the said tools to remain on the plantation during my wife's life time and she to have equal rights therein during her lifetime as my son ROBERT. Also my sun dial to remain in the Sd possession of my wife during her lifetime and then to be the property of my son ROBERT also one pair of old hand mill stones to remain in the the possession of my wife during her lifetime and then to be the property of my son ROBERT. Provided that should ROBERT marry before his mothers death then said mill stones are to be at his disposal. I also will and desire that my carrying knife remain on the plantation to be equally ROBERT's and DAVID's and the longest liver of the two to have Sd knife entire. To my son ROBERT I give one case and bottles two rop [?] hooks and one horse cart which is to be equal to his mother during her life -- also to ROBERT I give one barr plow and fluke, two axes, two grubbing hoes, two weeding hoes, two pair of iron wedges -- also two pair of sheep shears to remain on the plantation for the equal benefit of my wife as well as for my son ROBERT and at her death to be the property of my son ROBERT.

IMPRIMUS: I give and bequeath to my daughter SARAH NIXON of Onslow County the following slaves, viz: first SARAH and her two children JACK and MILEY and two girls viz: CLARA and CHELSCA to her the said SARAH and to the heirs of her body and for the want of such at her death then the said negroes and their increase to return to muy other children or their lawfull representative to them and their heirs forever.

ITEM: I also give and bequeath to my daughter SARAH NIXON aforesaid a certain mare a saddle and bridle a bedstead a bed and furniture which she hath already received and all such articles and property of any kind which she hath heretofore received is hereby confirmed to her and her heirs forever.

IMPRIMUS: I give and bequeath to my daughter ELENOR HERRING the following slaves viz: VIOLET and her child BITTY a girl called LITTLE SARAH and CHLOE and JANE and DELID to her and the heirs of her body and for the want of such heirs at her death then the said negroes and their increase to return to my other children or their lawfull representative to them and their heirs forever.

ITEM: I give and bequeath to my daughter ELENOR HERRING a certain mare, saddle and bridle a bedstead a bed and furniture which she hath already received. And all the property of any kind whatever which she hath already recd is hereby confirmed to her and to her heirs forever.

IMPRIMUS: I give and bequeath to my daughter KITTY MIDDLETON the following slaves viz: a negro man named LONEY a young wench called NANCY, an wench called HARRIOT and her child EDY and a boy called LOT to her and the heirs of her body and for the want of such at her death then said Negros are to return to my other children and their lawfull representatives to them and to their heirs forever.

ITEM: I give and bequeath to my daughter KITTY MIDDLETON a mare that shall be worth eighty dollars -- also a saddleand bridle which she hath already received. Also a beadstead [sic] a bed and furniture when of lawful age or married to be a bed of equal value with my others.

ITEM: I give and bequeath to my daughter KITTY MIDDLETON one half dozen of pewter plates, two pewter basons two pewter dishes half a dozen of spoons and half dozen of knives and forks to her and to her heirs forever.

ITEM: I give and bequeath to my grandson JAMES MIDDLETON son of DAVID MIDDLETON my writing desk to his property after my wifes decease to him and his heirs forever.

ITEM: I give and bequeath to my three grandsons three hundred dollars for the purpose of educating my said grandsons that is to say to my grandson JAMES MIDDLETON one hundred dollars to my grandson JAMES NIXON one hundred dollars and to my granson BRIGHT MIDDLETON HERRING one hundred dollars. And I do by these presents appoint my sons DAVID MIDDLETON and ROBERT MIDDLETON to receive the said three hundred dollars and the same to put to intrest [sic] until the said children shall in their opinion be of an age suitable to be put to school, at which time the said DAVID and ROBERT are to apply the money to the best advantage for the benefit of said childrens educations at some school abroad from home as to the said trustees DAVID and ROBERT may appear to be the best.

ITEM: I will and desire that my beloved wife MARY MIDDLETON my daughter SARAH NIXON my daughter ELLENOR [sic] HERRING my daughter in law CELAH MIDDLETON and my daughter KITTY MIDDLETON shall each of them be entitled to receive from my executors each of them the sum of twenty dollars to buy them a suit of morning on account of my death but for no other purpose.

ITEM: My will and desire is that my son DAVID MIDDLETON my daughter SARAH NIXON and my daughter ELENOR HERRING do each have another bed to what they have already recd to be such as their mother shall judge equal and entirely to her opinion.

ITEM: I will and ordain that should my son ROBERT die under lawful age without lawfull issue that the lands herein be gathered to him shall then be the property of my grandson JAMES MIDDLETON and of his heirs but should the sd JAMES die under lawfull age without lawfull issue then the said land to be the property of the next male heir of mu son DAVID MIDDLETON and of his heirs forever.

ITEM: My will and desire is that all my stock of every kind and other estate in plantation tools or utensils together with any surpulus [sic] grain or forage that is not already disposed of in this my will shall be sold by my executors and the moneys arising therefrom together with such moneys as are in hand with all bonds, notes, accounts shall be equally divided between my wife and all my children. My executors first retaining so much thereof as will pay my just debts and my funeral expenses and the three hundred dollars is mentioned to my three grand children and a further legacy of two hundred dollars to be paid to my daughter KITTY when of lawfull age or sooner is married and one hundred dollars to my wife and daughters to purchase morning. as also to my daughters in law. Lastly I nominate and appoint my son DAVID MIDDLETON and ROBERT MIDDLETON and my friend JOSEPH DICKSON esq executor to this my last will and testament. Signed, sealed, published, and declared by the sd JAMES MIDDLETON to be his last will and testament in the presence of us who were present at the signing publishing and delivering thereof this 4th day of September anno Domi 1801. JOSEPH GILLESPIE, PETER FREDERICK, JOSEPH DICKSON.

JAMES MIDDLETON (seal)

State of North Carolina, Duplin County } proved and record July ___ 1805 and executors qualified

Test WM DICKSON CC

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Page Last Revised: March 12, 2007