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Registered: 10-2003
Posted on Friday, April 25, 2008 - 10:35 am:   

Sent: Saturday, 17 February 2007 8:16 AM
To: drake@xroyvision.com.au


James Drake
1791



Submitted by Donald Hauser

In the Name of God amen. I James Drake of the county of Nash and State of North Carolina being of sound mind and memory do make this my last will and testament in manner and form following, that is to say,
Imprimis: I lend to my wife Hartwell Drake my manor plantation with all the land lying on the south side of the great branch. The grist mill excepted for and during her life or widowhood and at her death or marriage I give and bequeath the said land and plantation to my son Benjamin Drake to him his heirs and assigns forever.
I likewise lend my said wife one bed and furniture four cows and calves, four of my best sheep and four sows and pigs for and during her life and at her death.
I give the same to my sons John Hodges Drake and Benjamin Drake to their heirs and assigns forever.
I also lend to my said wife four negroes to wit: Dick, Davis, Clary and Agg for during her natural life.
Item: I give and bequeath to my son James Drake one hundred pounds specie
Item: I give and bequeath to my son Albrittain Drake eighty pounds specie to him his heirs and assigns forever.
Item: I give and bequeath to my son Silas Drake a parcel of land on the south side of swift creek on both sides of the poplar branch from Thomas Manns line up the creek to a ford called Red Ford thence a straight line to Benjamin Boon's line thence said Boon's line to Thomas Mann's line, thence down said Mann's line to the beginning to him, his heirs and assigns forever.
I give and bequeath to my John Hodges Drake one hundred acres of land I purchased of Daniel Shelley, lying on the south side of Swift Creek (one acre excepted adjoining the mill) also the lands I purchased of James Williams and John Battle, also of Tormagin Thompson, likewise another parcel of land on the south side of Swift Creek, beginning at William Bridgers line on the creek, thence down said creek to the mouth of the Buzzard Branch, thence up said Branch to a line in the land. I bought of Battle thence up said line to William Bridgers thence Bridgers line to Williams line, thence said line to Bridgers line, thence along said line to the beginning to him his heirs and assigns forever.
Item: I give and bequeath to my son Benjamin Drake my grist mill with two acres of land to be on each side of the creek, adjoining the mill in the most convenient manner, also all the rest of my land not before bequested and two negroes, Jimmey and Lewis to him and his heirs and assigns forever.
Item: I give to my said son John Drake two negroes named Philis and Frank to him his heirs and assigns forever.
Item: I give and bequeath to my son Silas Drake one negro woman named Easter to him his heirs and assigns forever.
Item: I give and bequeath to my son Albrittain Drake a negro boy named Philip to him his heirs and assigns forever.
I lend to my wife Hartwell one negro named ? for and during her life also I lend to my son Benjamin Drake two negroes Rose and Elsy for and during the life of his mother.
Item: I give to Michael and Elizabeth Collins forty shillings each to them their heirs and assigns forever. Also all the rest and residue of my estate I give to my three children to wit: Lydia Hadley, Sarah Bridgers and Milbrey to them their heirs and assigns forever..
I do hereby constitute and appoint Mathew Drake, Albrittain and John Hodges Drake executors to this my last will and testament.
In witness whereof I have hereunto set my hand and seal this day of -
Signed, sealed, and acknowledged in presence of.

In the name of God Amen. I James Drake, of Nash County, North Carolina a resident but, being now on the city of Richmond in the State of Virginia and of sound and disposing mind and memory but ill in health do make ordain publish and declare this my last will and testament hereby revoking all and every former will whatsoever.
Imprimis: It is my will and desire, that the devises of my lands in the said State of North Carolina and bequests of my personal goods in the said state, shall take place, be regulated, distributed and apportioned among my children according to the distributions and apportionments made and contained in a writing headed and begun in the for of a will and written as far as the same is done and written, in the hand writing of William Skipwith of the aforesaid State of North Carolina and intended by me at the period the said writing was written (as it at this present time is intended and willed) to be a revocation and revoking all and every former will and whatsoever and in order to prevent disputes my meaning is and I declare my will to be that all my former wills and all distributions and disposals of my property by will in any other manner or proportions and to any other person or persons otherwise than as in the said piece of writing written by and in the hand writing of the aforesaid William Skipwith is directed shall be revoked and held and esteemed void and of none effect and I do hereby ratify and confirm all the devices and bequests in the said piece of writing written as aforesaid by the aforesaid William Skipwith contained according to the true intent and meaning of the said devised and bequests and according to the proportions and allotments there in made and laid down.
Item: I give and bequeath to my beloved wife Hartwell Drake for and during the term of my said wifes natural life, my yellowish negro wench Nancy and her issue begotten and to begotten and after the death of my said wife I give and bequeath the said wench Nancy and her issue to my beloved son John Drake and his assigns forever.
Item: I give and bequeath to my beloved son Silas Drake my set of Tinkers Tools to him and his assigns forever.
Item: I leave my said beloved son John Drake and the aforesaid William Skipweth executors of this my last will and testament. In testimony whereof I have hereunto set my hand and seal at Richmond, Virginia this ninth day of July A.D. 1791.

Signed, sealed, acknowledged and delivered in presence of Us:
J. Vaughan, Jacob Valentine,
John V. Kantzman, John Stewart
State of Virginia
I Adam Craig, clerk of the County of Henrico County do hereby certify that it a court held for the said county by the Justice of the Peace thereof at the city of Richmond in the State of Virginia, aforesaid on Monday the first day of August one thousand seven hundred and ninety one the last will and testament James Drake deceased, the foregoing whereof is a true copy was presented in court, and being then and there proved by the oaths of James Vaughan, Jacob Valentine and John Kantzman. Witness thereto was admitted to record. In testimony whereof I have hereunto set my hand and affixed the seal of my office at Richmond aforesaid this twelfth day of August one thousand seven hundred and ninety one




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