Last Will and Testament of John Williston [Junior]

 

Transcribed by Melanie Willis from an original Xeroxed copy, after having read the original at the North Carolina State Archives in Raleigh, NC on October 9, 2004

 

About the document:

  • The document is written on a single, unlined sheet of paper, roughly 8 1/2” x 12”.  The paper has an obvious weave pattern, and feels like good stationery, but is probably hand pressed colonial paper, not linen.  It may once have been white or cream-colored, but it is now yellowed with age.
  • The will is written in a clear and legible hand in what was probably once black ink, but is now yellowed with age.
  • On the back of the sheet is written:  “Recorded in Book A page 39/40”  “Carteret County  This may certify that the within Will was Proved in Open Court by the Oath of Ben Davis and that [3 or 4 words illegible on the copy] Isaiah and Wm Davis Evidence the same” signed by “Test Robt Read CJC “.
  • The will was not written by John Williston, since he signed it by “making his mark”.  One of the witnesses’ signatures, William Davis, is very similar to the handwriting of the will.  It is quite probable William Davis wrote out the will.
  • At the bottom of the will, the writer drew a sort of box around these comments:  “Note yc words and my Chest is Enterlined between  21st and 22nd the lines, Likewise yc words, and Her” , which means he was indicating where some words were added to a phrase.  The way it is used, the symbol that looks very much like “yc”  is obviously a shorthand way to write the word “the”.
  • To the right of this box, written longways, is the phrase “Entertained Before signed and sealed”, and then the witnesses’ signatures are to the left of this, on the left side of the page.
  • There appears to be a separate cover page on which is written in one direction “John Williston Will”  “1771” and in another direction is written “Recorded in book E page 4” and “Williston”

 

About the transcription:

  • I have retained as closely as possible all the spellings, misspellings, grammar and punctuation of the original, except where otherwise noted.
  • Any comments or clarifications added by me are in brackets.
  • Although they are not so in the original, I have typed proper names in all caps, except for signatures.
  • In the original, paragraphs were indicated by drawing a sort of dotted line at the end of a sentence and starting a new sentence on a new line.  I have added spaces between paragraphs.

 

 

 

In the name of God Amen August yc 14th day anno Domini One Thousand seven Hundred and Seventy One I John Williston of the County of Carteret and in Province of North Carolina Shoemaker Being Very Sick and Week in Body but of perfect Mind and memory Thanks be given to Almighty God and having Called to mind the mortality of my body and Knowing that it is Appointed for all men Once to Die do make And Ordain this my Last Will and Testament , that is to say first and principly of all I Recommend my Soul into the Hands of Almighty God that gave it nothing doubting but at the General Resurrection at the Last day when the secrets Of all hearts shall be Disclosed , I shall Receive the same Again by the mighty Power of Almighty God and my body I recommend to Earth to buried in a Christian Decent like manner at the Descression of my Executors, and as Touching all such Worldly Estates wherewith it hath Pleased God to Bless me only in this Life, I give and Dismiss Bequeath and Dispose of the same in (After my debts and Funural Charges be Paid) in following manner and form (Viz+)~ ~ ~ ~

 

Item I give and bequeath, After my desease Unto my loving sister SABRA WILLISTON (young woman) My Bed and Furniture unto the same belonging ^and my chest to Her ^and her heirs forever, ………..

 

Item I Give and Bequeath (After my desease) a Likely Young Heifer, Aged about fifteen months old unto my Loving Sister In Law SARRAH WILLISTON the wife of SAMUEL WILLISTON to her and her Heirs forever…Being for the many favours done me

 

Item I will and desire is that After my Desease that my Honoured Father and Mother should have to use, and the use, of my whole Estate of Goods and Chattels or of what kind soever of Estate of movables During their Natural Life and After my Father’s and Mother desease, the same Estate to and I do bequeath unto my loving Brother Daniel Williston and my Loving sisters TAMER MORE, ABIGAIL FENTERS (widow woman) to be Equally Divided among them and to them and their Heirs forever……..

 

Also I hereby nominate ordain constitute and appoint my Loving Brother DANIEL WILLISTON and my Brother in Law GEORGE BRINN HARRIS my whole and sole Executors of this my Last Will and Testament and I Hereby Revoke Recall and Disannul all other former Wills Only granting this and not other but this to be my Last Will and Testament Given under my Hand and sealed with my Seal this fourteenth of August Ano Domini one Thousand seven Hundred and seventy one Signed sealed and Delivered in presents of us

Benjamin Davis

Isaiah Davis

William Davis                                                                           John X (his mark) Williston