Last Will and Testament

Benjamin Small, Senior

 

In the name of God, Amen. I, Benjamin Small of Chowan County and state of North Carolina, am weak in body and health, but sound in mind and memory, thanks be to almighty god for the same and do make and ordain this my last will and testament in a manner as followeth.  First, My soul to almighty God that gave it, to deal as pleaseth him and my body to the earth, to be buried in a Christian like manner by my executor and friends that I leave behind me. And of this world's affair, as God has blessed me with , I give and dismiss of as followeth.

 

Item:  I give and bequeath unto my dear beloved wife Mary Small, all my money and notes, bonds and accounts such as will draw money unto her said Mary Small to her and her heirs forever.  Likewise I lend unto my wife my plantation whereon I now live, with all the land adjoining as far as to the lands I bought of Reuben Small, containing five hundred thirty or forty acres, during her natural life. Likewise I lend unto her my wife Mary Small my low ground field that part that I have not given unto my son Benjamin Small, with fifty acres of land as long as she is my widow.  Likewise I lend unto her my wife four negroes named as followeth: Jim, Cate, Hagna, and Esther during her natural life likewise two other negroes Thedence and a girl Aopha, until my son David Small arrives to the age of twenty-one years.  Likewise I lend unto my wife two other negroes by the name of Job an a girl Nesey, until my son Obadiah Small come to the age of twenty-one years, but if he should marry sooner to take them to himself.  Likewise I lend unto my wife these other negroes by the name of Siloch, Penelope, Murriah until my daughter Thamer Small comes to the age of eighteen years old.  Likewise I lend unto my wife three other negroes by the name of Samuel, Cherry, Winifred until my son Humphrey Small comes to the age of twenty-one years, but if he the said Humphrey Small should marry sooner he takes the said negroes to himself.  Likewise I lend unto my wife one tract of land or the use of it, up the Cow Hall Swamp joining Nathaniel Bond's and Benjamin Small's, one tract on the head of the Hallowing Root Swamp. On the north side, the use of these two tracts her widowhood.  Likewise I lend unto my wife Mary Small, all my household and kitchen furniture and have not given away in this my last will and testament, with all my stock of horses, cattle, hogs, and sheep, during her natural life.  Likewise I give and bequeath unto my dear beloved wife Mary Small, one negro woman Sarah, to her and her heirs forever.

 

Item: I give and bequeath unto my son Benjamin Small, Joseph Small, William Small deceased, Thamer Small, to each of them two shillings sterling to them and their heirs forever.

 

Item: I give and bequeath unto my daughter Ann Ward five shillings sterling to her and her heirs forever.

 

Item: I give and bequeath unto my daughter Elizabeth Parker five shillings sterling to her and her heirs forever.

 

Item: I give and bequeath unto my son Josiah Small half of the lands I bought of Reuben Small, where my brother Josiah Small lived, beginning at the bridge called Small's bridge, running along Josiah S. McKiels line to the new road thence about North along a line of marked trees to the mouth of the broad branch is called on the east side of the Cow Hall Swamp, thence about east to a posimmon tree standing on the edge of the Wheat Patch ditch, thence running the wheat patch ditch to the back side of said land, containing one hundred thirty acres.  Likewise two negroes, a girl Joysea and a boy Harry, one bay horse called Poince, one bridle and saddle, one bed and furniture, to him the said Josiah Small, to him and his heirs and forever.

 

Item: I give and bequeath unto my son David Small, all the balance of the lands I bought of Reuben Small joining that I gave Josiah Small running to Humphrey's old line containing about one hundred and thirty acres and two negroes by the name of Fred and a girl by the name Orpha, one young bay horse, one white back cow by the name of White Back and one bed and furniture to him this said David Small to him and his heirs forever.

 

Item: I give and bequeath unto my son Obediah Small all that tract of land by the name of Sowell's, only about 12 acres I sold to Richard Jordan, containing on hundred acres more or less and two negroes that is mentioned lent to my wife Job and Nesey and the same fifty acres of land that I lent my wife at the low ground field, one bed and furniture, one young grey mare, one crumply head red cow and her increase to him the said Obediah Small and his heirs forever.

 

Item: I give and bequeath unto my son Humphrey Small, the lands and plantation whereon I now live, after the death of my wife and three negroes that I have lent my wife by the names of Sam, Cherry, Winifred, one bed and furniture, one sorrel mare, colt and ten acres of land part of the low ground field joining David Small and Benjamin Small to Cow Hall Swamp to him the said Humphrey Small and forever.

 

Item: I give and bequeath unto my daughter Thamer Small, three negroes that I lent unto my wife by name of Siloch, Penelope and Murriah, one bed and furniture, one bay mare, one cow and calf to her the said Thamer Small to her and her heirs and forever.

 

Item: I lend unto my daughter Mourning Newborn, one negro woman Charity, and her child Laviniah unto her the said Mourning Newborn, during her natural life.

 

Item: I give and bequeath unto my three grand children, Benjamin Newborn, Mary Newborn, and John Newborn, the same negro Charity and her child Laviniah and their increase unto be equally divided between the three and their heirs forever and if should please God to take to himself any of them before they have lawful heirs of their body to go to the living ones.  It's my desire after the death of my wife, if there should be any thing left, for it to be equally divided between Josiah, David, Obediah, Humphrey and Thamar Small and my three grand children Benjamin, Mary, John Newborn, or an heir with my children, the three as one unto them and their heirs forever. 

 

Last of all: I appoint my two loving sons Benjamin Small and Josiah my sole executor to this my last will and testament conforming this and no other than this to be my last will and testament.  In witness, I hereunto set my hand and seal this 27th of January, One Thousand eight hundred and twenty.

 

Before the sealing of this will it's my desire that my son Obediah Small have privilege to get timber in the swamp for his own use.

 

Signed and sealed in the presents of:

Richard Hoskins

William Smith

 

                                                                                   Benjamin Small, Sen.

 

Will Book C page 92 Chowan Co., NC

 

LDS NC record page 22,674,  he is listed as Benjamin Small SR.

He also appears in NC in a census abt. 1755 and is again listed with Joseph and

Ann\ Small.