In the Name of God Amen. I, Thomas Harvey, of ye County of Albemarle, in ye Province of North Carolina, Esqr., being of sound and perfect memory, but considering ye uncertainty of this life, Doe make and Publish this my Last Will and Testament as followeth, Viz: I Humbly render my Soul unto Almighty God my Creator whensoever he shall in his Mercy call me out of this transitory fife, Stedfastly beleeving ye free remission of my Sins through ye pr’tious Meritts of Jesus Christ my Lord and my Redeemer; And my Body I give to ye Ground from whence it was taken, decently to be buried at ye discretion of my Executrix hereafter named.
And I doe hereby appoint and make my beloved Wife, Sarah Harvey, Executrix of this my last will and testament. Willing that all my just Debts be paid as soon as possibly may be after my death; And ye rest of my Personal Estate, I give one third part to my Sd. Wife, and ye rest to be devided between my Son, Thomas Harvey, and my Daughter, Mary Harvey; And if it shall happen that my Sd. Wife, shall after my decease bear to me a Child, my Will is that Such my poshume Child shall have equal share of ye two thirds of my p'sonel estate w’th my son and Daughter above named; and my will is that ye parts or portion above bequeathed to my Children, shall be paid to them respectively, viz: to my Son or Sons at ye age of twenty one yeares, and to my daughter or daughters at ye day of their Marriage or age of twenty one yeares, w’ch shall first happen; and if it shall hapen that one or any of my Children shall depart this life before ye time hereby appointed for the receiving of his or their part or portion above mentioned then I Will that the Survivor or Survivors Shall have ye Whole; and if all my Children die as aforesaid, then I Give all my p'sonel Estate to my said loving Wife, Sarah Harvey.
Ite. I give, Devise and Bequeath my Land and plantation which I purchasedof Roger Snell, and my land called Faulks Point, containing in all five hundred acres of land, w’th ye appurtenance, lying upon Pequimons River, in ye County aforesaid, unto my Daughter, Mary Harvey, and to ye heirs of her Body for ever, and for want of Such heirs to my Son, Thomas Harvey, and ye Heirs of his Body for ever, and for want of Such heirs to such issue as is hereby appointed.
Item. I give, Devise and Bequeath my plantation whereon I live w'th five hundred acres of Land thereunto adjoying, w’th all and Singular, ye appurtinances unto my Loving Wife, Sarah Harvey abovenamed, for and During the Tenne of her naturall life, and I will that the houses and fences thereupon be Kept in good and Sufficient repair.
Item. I Give, Devise and Bequeath my Plantation Called ye Quarter, W’th all my land not Bequeathed and the Remainder of ye Plantacon and land whereon I live, to my Son, Thomas Harvey, & to ye Heirs of his Body for ever, and for want of Such Heirs to my Daughter, Mary, and the heirs of her body for ever. And if it shall happen that there remain none heires of ye body of my said son or Daughter then I give, Devise and Bequeath all my lands and temements above said (reserving to my Wife her estate for life as is above mentioned), unto ye next heirs of my own body if any Such Shall be, And for want thereof to my Nephew, Thomas Harvey, Son of my Brother, Richard Harvey, late of London, Currior, and to ye Heires Male of his Body for ever; and for want of such heires to his Brother, John Harvey, and ye Heires Male of his body for ever; and for Want of Such heires to ye Eldest Son of my Brother Robert Harvey, of ye Heath in Sinter field Parish, in Warwick Shire, and to ye Heires male of his Body for Ever; and for Want of Such heires to his next eldest Brother and the Heires male of his brother; and for want of Such heirs to ye next Brother in like manner, and if noe Brother remain to ye next heir Male of my Sd. Brother, Robert Harvey, forever, (and)
And it is my Will that if I shall have more Children than my Son and Daughter within mentioned, then my personal estate to be devided equally between my Wife and Children.
And I doe Give to my Sd. Loveing Wife, Sarah, my Silver Tankerd over and above her part of my personal estate. And I Doe hereby make void all wills by me formerly made.
In testimony Whereof, I have hereunto Sett my hand and Seale, ye 31 day of March, Ano. Domi., 1696.
Thomas Harvey, (Coat of Arms on Seal)
Signed, Sealed and Published
in presence of:
Sicuum
Henry HA Norman
Robert Fendall.
John Piert,
W. Glover.
Item. A Codicil. I do make & appoint Coll. William Wilkinson, Executor in my room as I am an Executor unto the Estate of John Harvey, Esqr., deceased, and this I do ordain to be my last will to be joyned to the above, written March 23d. Ano Dom., 1698/9.
Thomas Harvey (Coat of Arms on Seal)
Signed and published in the
presence:
Richd. French.
Ruth Luker.
November, y’t 2d, 1699.
The Coddicell proved by the Oaths of Mr. Rich. French & Mrs. Ruth Luker before me
Henderson Walker.
Copied from Original Will filed in the Office of the Secretary of State.
Source: North Carolina Wills and Inventories, copied from Original and Recorded Wills and Inventories In the Office of the Secretary of State by J. Bryan Grimes, Secretary of State, Published 1912)
