Orange County NcArchives Wills.....Alston, James February 28, 1761
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File contributed for use in USGenWeb Archives by:
Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Will Book Volume A, pages 13-17
Written: February 28, 1761
Recorded: May 1761
Testator: James Alston

[Will Book Volume A, page 13]
North Carolina Orange County

I James Alston now of Elebye Cleek[sic] & the County & Province afsd
being in a low state of health, but in perfect sence mind &
Memory do make this my last Will & Testament ~~~
Making null & Void all other Wills made by me ~~

first I resine my Soul up to God that give it me & my
Body to be Decently entered as to my, as to my[sic] Worldly
Substance I give & Bequeath as follows

Item my Will is that Warham Glenn make my
son John Alston a Deed, for the Lower half of the Land
whereon the said Warham Glen & Ann Downs Lived on
Running Down to John Woods heirs for Compliment
& that the said Warham Glen make my son James also
a Deed for the other half running up the River to
William Roberts line for Compliment & to William Glen[?]
for so Doing I give & Bequeath the Plantation whereon
he now lives, two hundred Acres of Land be the same ~~
more or less to him his heir or Assigns forever. Also I
give to Warham Glenn forty Pounds Virginia Money
to be paid next winter only Reductions to be made of
what he has already Received towards that forty Pounds

Item my Will is that Josiah Summer pay my Executrix and
Executors two hundred & thirty five pounds, Proclamation
Money, or Virginia Money according to Bargain
                                              And

[Will Book Volume A, page 14]
And for ???ing I give & Bequeath unto the said Josiah
Summer, my land in Hertford County Begin[n]ing at the
Mouth of Anthony Swamp Running up the swamp by
a Line of Marked ???? to William Sharps line then
along William Sharps line to We??? Cleek then the
Various Course of Goos Creek, to the first Station to
him & heirs & Assigns forever.

Item I mean the use of the Plantation whereon I now
live to my Loving Wife Christian Alston, During her
Widowhood, but at her Death or Marriage, then to return
to my son John Alston, to him & his heirs & Assigns ~~~
forever.  Also I give to my son John Alston, all my land
Down Neuse River & two Lotts in Newbern Town ~~~~
& the land & plantation in Chowan County on birds Creek
whereon my Father formerly lived to him & his heirs
& Assigns forever

Item I give & Bequeath to my son James Alston
all my land in Halifax County & Granville County
Lying between Miltons Creek and Ready Creek to him & his
heirs & assigns forever Excepting a Small piece of Land
Surveyed by Edward Young, that I give & Bequeath
unto my brother Joseph John Alston to him his heirs &
Assigns forever, also I give to my son James Alston my
Land on Ellebys Creek whereon Indian Ben now lives ~~
to him & his heir & Assigns forever I mean that Indian
Ben shall have the use of the place for four Year, paying
an Equal part of the Expenses & Dividing the Profits equally
with my son, James Alston my Will is that my son Joseph
John Alston puts in his three Negroes, which his Grandfather
gave him in my Estate of Negroes & at a Division to come
for an equal part my Will is furthermore that my Negroes
shall not be Distributed any great Distances & no Division
of my Negroes till one of my Children comes of Age
or Marries my will is furthermore that if my Wife
Christian Alston shou'd marry before any of my Children
Comes of age or Marr[i]es that she shall take an
                                               Equal

[Will Book Volume A, page 15]
Equal sixth part of my of my[sic] Negroes Stock & house
hold Good & my Childrens part ot remain together
without any Division, till one of my Children comes of
age, or Marries [~~~~~~~~ large x-out and erasure ~~~~~~]
Then to be equally Divided amongst them & if my wife
shou'd remain a Widow till either one of my Children comes
of age or Married then all my Negroes stock & house
hold Good to be equally Divided to my Wife Christina
Alston & my son James Alston & my Daughter
Charity Alston & my Daughter Sarah Alston & my
Will is that if my Wife or either or any of my
Childreen[sic] shou'd die unmarried, or not of age then
then[sic] the Survivors shall have the Discarded[?] part
or Parts equally Divided amongst them & every one
of their part I give to them, & their heirs & Assigns
forever. My will is further more, That my Wife and
Familly shall have a Sufficient Maintainance out of
the inclome of the Estate so long as they remain together
& the overplus of the income of my Estate (if any) to let out on
Interest or laid out on Convenient Lands or on young
Negro Wimhen[?], for the Benefit of my Children ~~~~
and to be Equally Divided amongst them Also my Will
is that two tracts or parcels of Land, both in Hertford
County one known by the name of Slawsons on the
South side of Chowan River & the other being[?] on
Benells[?] Creek, on the North side of Chowan River
Shou'd be sold at Publick Sale, at Six months Credit
with Bond & Security Also I do nominate &
appoint my Good & well Brothers John Dawson &
Phillip Alston, & Solomon Alston Junr. & John Alston
son of Solomon Alston Executors of this my last
Will & Testament In Witness whereof I have
hereunto set my hand & Seal this twentyeighth Day of
February One thousand even hundred & Sixty one
Test
Warham Glenn  }
James Boyd    }    James Alston  (seal)
Thomas Hines  }

[Will Book Volume A, page 17]
At an Inferior Court of Pleas & Quarter Sessions
begun & held for the County of Orange at the Court
house in Childsburg the Second Tuesday in
May in the Year of our Lord One Thousand Seven
hundred & Sixty one the Execution of the within Will
was Duly proved by the oath of Thomas Hines ~~
& Ordered to be Recorded
                        Test  James Watson CC

Additional Comments:
Will Book Volume A, pages 13-17
Recorded May 1761

Note: Page number "16" is after page 17.

No loose will found.

No estate papers found.