Last Will and Testament of Samuel Williston

Transcribed by Melanie Willis on January 1, 2005, from an original Xeroxed copy, after having read the original at the North Carolina State Archives in Raleigh, NC on December 30, 2004.

About the document:

• The document is written on a single, unlined sheet of paper, roughly 11” x 14”. The paper is very good quality—it feels like 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: Samuel Williston, Will, 1798, Recorded in book E page 15.”
• The will was not written by Samuel Williston, since he signed it by “making his mark”, his mark looking like a rectangular box with an “X” inside it.
• There are no periods or commas at all in the will.

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.

About the people mentioned in the will

• Samuel Williston was a son of John Williston, Sr., who died in 1785. My family is descended from John through Stephen’s brother Thomas.

• Samuel’s son George died September 4^th, 1794, according to his nuncupative will. During the same February, 1798 court term of the will, George’s three sons were put under the guardianship of their new stepfather, Stephen Fulford.
• Samuel’s wife Sarah Williston was bequeathed a “likely young heifer…for the many favours done me” by Samuel’s brother John, who died in 1771. She is also the one who swore to the deathbed statements of her son George in his nuncupative will.
• John Fulford, one of the witnesses of this will, was the 2^nd husband of Samuel’s sister Abigail. She was previously married to a man named Fenters (or Ventros, or Fentress) and had a daughter by him named Nancy. John Fulford was the Justice of the Peace who wrote out the nuncupative will of George Williston, a Revolutionary War veteran, a member of the NC General Assembly and also a member of the Constitutional Convention.
• Thomas Moore, who is mentioned in this will because his land adjoins Samuel’s, was almost certainly Samuel’s brother-in-law, married to Samuel’s sister Tamar.

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State of North Carolina

Carterett County October 4^th 1797

In the Name of God I Samuel Williston of the county and State afore S^d being Verry week In boddy but in Perfect mind and memory but Colling to mind the mortality of my boddy do make and ordain this my last Will and Testament first I bequeath my Sole to God that gave it and my body to the Intored in a Christen manner at the Descreshon of my Exetr^s here affor mentioned………………………………………………………….

Item my will is that my furnal Charges be Paid and all my Lawful Debts be Paid—

Item I Give to my son GEORGE WILLISTONS Three Sons Named JOSIAH DAVID and GABERAL WILLISTONS [Josiah, David and Gabriel] to them and there heirs and Assigns for Ever a Certen Persel of Land beginning at THOMAS MOORES Ditch where my Line Croses the Same thence Runing the Corses of Pattant to the head of wades Creek thence Runing the various Corses of the marsh and Swamp to the S^d [Southward] Ditch the Same Contaning Eighty Eight acors Be it more or Less……………………………

Item I Give to ^ ^my Daughter ESTER ^ to ^{her and her heirs fror Ever} a Certain Parsel of Land begining at the begining Corner of my Patton Rining to Thomas Moore Ditch where the above mentioned Land begins thence Runing Down the Swamp to Joining the above S^d Land Giving to JOSIAH DAVID and GABRAL WILLISTONS to the fork of S^d fm Swamp thence Southely along the other Swamp to the Cow Hole from thence to the back Line and first Station containing Twenty five acers +/- …………………………………

Item I Give to my son JOSIAH WILLISTON him and his heirs and assigns for Ever a Certain Parsel of Land beginning on Garrots Creek at a Small Gut or marsh a Little to the Westard of his Landing Runing the middle of Said marsh a Derect Corse to the main Rhode thence a Long the Rhode to Mittiams Corner the old Cosway Samp thence a Long mittams Line to ISIAH DAVIS Land then along Davis Line to the head of mittams cut Thence Down the warious Courses of the Gut and Creek to the [illegible] Station—

Item I Give to my son ANDREW WILLISTON him and his Heirs and Assigns fore Ever a Certon Persel of Land beginning at JOSIAH WILLISTON Corner to the westard of his Landing on Jerrats Creek rining the warious Corse of S^d Creek to THOMAS HARRIS Line thence Harrises Line to his Corner by the Rhode thence his westeline Fifteen pole then Nothely to the main Rhode thence a Long the Rhode to JOSIAH WILLISTON Line thence S^d Line to the first Station in Cluding Eighty Eight Acers a ……………………

Item I Give to my son DANNIEL WILLISTON to him and his Heirs and Asigns for Ever a Certain Parsel of Land beginning at Wades Creek Runing up the marsh to the fork of the Swamp to my Daughter ESTER Land thence her Line to the Cow hole thence the Westermost Side of S^d Branch to ANDREW WILLISTON Line thence his Line to JOSIAH WILLIS Line thence his Line to Davis Line thence Davis Line to Wades Creek thence up the Creek to the beginning Except a Reserve of the benefit of the Hous and Plantation where I Now Live with Fire wood and Rale timber Which I Lind to my beloved wife SARAH WILLISTON During her Natral Life and then Return to my Son DANNIEL

Item I Give to my Son ABNER WILLISTON all the Westermust Part of my Land I hold Now in my Pattant that I have Not Given a Way all Ready Given away

Item I Give to my Daughter ZILPHA one Bed and Furniture------

[end of page] Turnover

Item I Lend to my beloved wife SARAH WILLISTON all my Stock of Every kind and all my moovebal Property I Now own During her Natural Life and at her Decest [decease] to be Equally Divided between all my Daughters ABIGAIL MARY DIDIMIAH ESTER and ZILPHIA to them and there Heirs for Ever…………………………

Lastly I Nomminate and a Pointe JOHN FULFORD JOSIAH WILLISTON and DANNIEL WILLISTON for to be my Exetor^s of this my Last Will and Testament

Samuel “X” (his mark) Williston (Seal)

Sined Sealed and Proved in Presant of

John Fulford [signature]

Elesebeth “X” (her mark) Wade

John Harkill [signature]

Carteret County Feb^y. term 1798}

This may certify that the above Will was proved agreeable to Law by the oath of John Harkill

Saml. Leffers C.C. [signature]