The will of Charles R Howcott, proved 1845
The "Raleigh Register" (9 May 1845) records that Charles R Howcott of Chowan county died on 13 April 1845. He had married Louisa M Knox (licence issued 27 March 1834) but, as she was not mentioned in the will, Louisa had presumably died by 27 January 1845, when the will was signed.
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.