In the name of God, Amen. I Charles R Howcott of the County of Chowan & State of North Carolina, being of sound and perfect mind & memory but knowing the uncertainty of human life, do make and declare this to be my last will and testament, as follows, viz: -
It
is my will and desire that my executors hereinafter named should sell all of my
Chattle or personal property, negroes excepted and pay off all my just debts. If
the sale of any other property should be required to pay off my debts, I do
hereby authorise and empower my said executors to sell my lands, or such negroes
as they may think proper excepting Wallace and his family, whichever they may
deem to the best advantage to my estate. If the Land is sold, the grave yard
must be reserved and fenced up by my executors.
I
desire that old negroes woman Pleasant and man Wallace and his family should be
taken good care of and well treated.
I
give and bequeath to my neice Martha Howcott one hundred Dollars.
I
give, bequeath and devise to my children, Charles H Howcott and Clinton Howcott
all the remainder of my property of any description whatsoever to be divided
between them share and share alike whenever the oldest shall arrive at the age
of twenty one years. If one of them should die before that time the other is to
receive his share.
My
Executors are authorised and empowered to sell my lands at any time if they
should deem it most advisable and to the interest of my estate to do so.
I
do hereby nominate and appoint my worthy friends and cousins John B Beasley
& Joseph C Norcom Executors to this my last will and testament and do
further appoint them testamentary Guardians to my two children Charles and
Clinton desiring that they would use their best endeavours to have my said
children brought up to usefulness and respectability and Educated as well as my
estate will consistently afford.
In
testimony whereof I have hereunto set my hand and seal this twenty seventh day
of January in the year of our Lord 1845.
Chas.
R Howcott (seal)
Signed
sealed & acknowledged to be the last will and testament of Charles R Howcott
in our presence & we being called upon have witnessed the same in the
presence of each other.
Thos.
S Hoskins, Wm. Coffield
Codicil
to C R Howcott’s will.
It
is my will & choice that my children should live with the family of my
friend Nathl. Bond Snr. in Edenton until they arrive at such age as it may be
thought most prudent to remove them.
It
is my most earnest desire & I do hereby instruct my Executors & Others
in behalf of my Children to institute proceedings as soon as possible for the
purpose of recovering damages done my lands by the overflowing of the same by
the water in the mill Pond belonging to [Dr?] Thos. D Warren formerly James
Coffields deceased a thing that ought to have been done long ago but it is never
too late to have the right thing done.
Witness
my hand and seal this March 26th 1845
Chas.
R Howcott (seal)
Signed,
sealed & acknowledged to be a part of the last will & testament of C R
Howcott in the presence of us who signed in the presence of each other
Thos.
S Hoskins, Martha Gregory
Chowan County Court of Pleas & Quarter Sessions May Term 1845. Then was this Paper writing & the codicil annexed duly proved as the last will & testament & codicil of Charles R Howcott. Tho. S Hoskins one of the subscribing Witnesses who proved the signing & Publication of this Paper writing & its codicil by Charles R Howcott that he was of sound & disposing mind & memory at the time of the execution & that he & the other witness signed the same as witnesses at his request & in his presence let it be admitted to probate as a will passing realty & personalty – ordered recorded – and at the same time appeared Joseph C Norcom appeared [sic] and qualified as Executor thereto ordered that Letters testamentary issue.
Test.
F T Hathaway, Clerk
Transcribed by
Francis Howcutt from office copy.