Lenoir County NcArchives Wills.....Caswell, Richard July 2, 1787
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Debra Crosby http://www.genrecords.net/emailregistry/vols/00010.html#0002467 March 10, 2025, 12:27 pm

Source: North Carolina Wills
Written: July 2, 1787
Recorded: July 1790

               Richard Caswell's Will
   In The Name of God Amen, I, Richard Caswell of Dobbs 
County, in the state of North Carolina, Do this second 
day of July, in the year of our Lord, one thousand, seven
hundred and eighty seven, make and declare this to be my
last Will and Testament as the one I made on the death of
my dearly beloved son, William Caswell, will not suit with
my present circumstances, I declare that and all former
Wills and Testaments by me made, null and void, holding 
this and this only for firm and effectual, which is as
follows:
    First, I reserve for the use of a burying ground for all
those of my family and Connections who may choose to bury
their Relations and friends there, one half acre of Land
where the bones of my dear Father and Mother lie, at a 
place called the Hill, to be laid out East, West, North,
and south so ast to leave those Bones near the centre of 
the said half Acre of Ground, and I also reserve in like 
manner, one half Acre of Land where the Bones of beloved
wife and son, William, now lie near the red house, to be
laid out in the same manner and for the same purpose as the
above half Acre is directed; and these two half Acres to be
reserved for the uses aforesaid forever. And its likewise 
my Will that those who wish to bury their Dead at either of
the said places and coming with in the meaning of the 
description above, shall always have liberty of Egress,
Ingress and regress to, at and from the said respective
burying grounds to bury the dead or repair or raise an 
enclosure to the same.
     Secondly, To prevent any kind of Dispute which might
arise between my brother, Martin Caswell, or his heirs or
Assigns with those claiming under me, I declare all the Land
comprised within his Title from Samuel Caswell or the Title
to Samuel Caswell or Nathaniel Bird, I have no claim to, 
notwithstanding my patent may be of a Younger date, than the
Deed I granted to Nathaniel Bird for the same.
     Thirdly, Whereas my brother, Samuel Caswell, in his life
time and myself, agreed for two hundred acres of Land whereon
he lived, immediately before his death, which was to begin at
Mackilwean's corner next to the river, near Mrs. Skiners 
dwelling and run up Mackilweans to Dosiers out corner, then
with his line to the flat branch near the end of Mr. Coasts
field, then with the side of the said Flat and high land
down to where a small branch empites into the said Flat Branch,
which runs through Keilings old field, then a direct line to 
the mouth of the Cypress Gut, then down the river a small 
distance to Boxes corner, then with his line out to my corner, 
and then to the Beginning, which included part of Dosiers, 
Keilings, Boxes and my own former claims, for three hundred
pounds and not withstandingg a very small part of that Sum
was paid me in my said Brothers life time, and knowing it 
would very much distress his family was I to require the
remainder therefore, I leave the use of the Land aforesaid 
with the plantations and appurtenances to my Sister, Eleanor
Caswell, the widow of said brother, until her son, Shine
Caswell, arrives to the age of twenty one Years, at which
period I give and devise the same to him, the said Shine
Caswell, his heirs and Assigns forever.
     Fourthly, I give to my Grandson Richard William Caswell, 
a negro boy named Boson, and his assigns forever.
     Fiftly, I give to my Grandson, Richard Francis Mackilwean,
a negro boy named Daniel, and to his assigns forever.
     Sixthly, If Jonathan Morris chooses to take the Land whereon
old Jack lives, which I bought at the vendue of Richard Caswell,
Junrs" estate at the price I gave for it, I desire that the title
may be made to him for the same.
      Sevently, Whereas I purchased at the Vendur of the Estate
of my son, Richard Caswell, one Lot and half a lot of Land in
Kinston, with the house wherein Mrs. Caswell now lives, and
the appurtenances, one Negro Woman samed Sarah, one negro girl 
named Sall, one Negro boy named Charles and one Negro boy named
Jim, which lot and half and premises with the said negroes, I 
leave the use of to my Daughter in law, Mary Caswell until my
Niece Sarah Caswell, her daughter, arrives to the age of eighteen
years, if my said Daughter should live so long and at that perios
or at the time of my said Daughters death, if it should happen
before my said grand Daughter arrives to the age aforesaid, I 
give, devise and bequeath the said Lot, half Lot, and premises 
with the said Negroes, to my said Grand Daughter, her heirs
and assigns forever, to be delivered over to her free of any
charges or incumbrances on accouont of the maintenance and support
of my said Grand Daughter. And as it is uncertain into whose
hands she may fall, or it may so happen that she may fall into
distrees unless provided for by me, I therefore desire the
Executors of this will in such case to find her reasonable and
decent support, in cloathing and board, and attend to her 
schooling and education, which they shall themselves pay to 
those who may be intitled to receive the expences of the same,
without its going through other hands, and shall be a charge
against my Estate, which support in the caee aforsaid, I direct
shall be made and continued to her untill she arrives at the
age of eighteen years for marries.
     Eighthly, And as I have heretofore virtually given to my
daughter, Anna Fonvielle, the land I hold on the East side of
the Atkin branch from the road down to the river and down the
same to the mouth of the Cypress gut, bounded by the lines, 
from thence, of the land herein given to Shine Caswell, and 
John Coasts lines and my own lines to the road, and then with
the road to the Beginning, including all the Land I claim 
adjoining the atkin and Neuse, below the road, is what is called
the walnut hill and contains about three hundred acres. I have
also verbally given to my said daughter, Anne, Negroes, Peter and
his wife Barbara and Doll, these Verbal gifts I now confirm to the
said Anna Fonveille, her heirs and Assigns forever.
     Ninthly, Whereas, I am engaged to pay very considerable sums
of money on account of purcheses made of my dear son Richards 
estate, and as the articles then purchased will by no means bring
a sum sufficient, and as I cannot now discriminate what of my
property may be best to dispose of, to raise money sufficient to
pay all my debts, I hereby direct the Executors here of or such
of them as may be acting at the time it may become necessary to
dispose of such part of my real or personal estate , as he or 
they judge necessary and on such terms, tho I think twelves 
months credit  will be best, may appear most for the advantage
of my Estate and I hereby empower such Executor or Ececutors to
make Legal and authentic conveyances to the purchasers for the same.
     Tenthly, After my debts are paid and the expenses of my 
household, and schooling of my children, with every other 
incidental charge so as a fair and just inventory of the remainder
of my estate can be made, of both real and personal property, I 
require my executors or acting Executor to return such inventory
with his or their Account of the whole transactions relative to
my estate, to my friends, Spyers Singleton, Robert White, John
Herritage, Jesse Cobb, Francis Childs, Simon Bright, Joshua Croom,
Benjamin Caswell and John Coart, or the majority of them or the 
survivors of them, and I request such majority will arrange the
personal estate into five equal divisions or parts as near as may
be, of which parts, I give my wife, Sarah Caswell, one, which I
request she may be allowed to choose, at the same time I request
such majority of my friends may  set apart for my said wife, in
lieu of her dower of my ands, as she may choose to live on, and 
such part I leave her the use of during her Natural life: the 
other four remaining parts of my personal property, I request 
may be drawn for by my three sons, Winston, Dollam and John, and
my daughter Susannah, and such part as they shall respectively
draw I give to the drawer of the same forever. The remainder of
my real Estate, I give in lie manner, and recommend an appraisment
to be made by my friends or a majority of them, or the Survivors
of them, so as to assertain the value, and then to put them in
four lots as nearly equal as may be, those lots to be drawn by
my aforesaid four children, Winston, Dallam, John and Susannah,
and such lot I give to the respective drawers, his or her heirs
and assigns forever.
      Lastly, I nominate and appoint my said Sons, Winston, Dallam,
and John Caswell, executors of this my Last will and Testament,
that is to say, Winston to act alone until Dallam arrives at
twenty one years of age, then those two to Act until John arrives
to the age of Twenty one years, after which the whole to act as
Executors 'till the business is compleat, and I appoint my good
friend James Glasgow, in trust to advise and direct the due 
Execution hereof, which I be he will attend to.
    In testimony of the premises, I have hereunto set my hand 
and seal, the day and year first herein written, contained on
five sides.
                                    R. Caswell (Seal)
Executed in the presence of us,
who have subscribed our names as
Witnesses in presence of the
Testator, and of each other.
               Simon Bright
               James Bright

A codicil to the forgoing last will and Testament of Richard Caswell,
made and executed the same day of the will and is to be considered as
a part of the same, that is to say, I give to my son, Winston Caswell,
negroes Venus and Diamond, and to his assigns forever, to be appraised
in lie manner and by the persons named in my  will, and the value 
deducted from his one fourth part, with my Sons, Dallam and John and 
daughter Susannah.
    It is further my Will that in case of the death of any of my now
lifin children, to wit, Winston, Anne, Dallam, John and Susannah before
marriage, arriving at lawful age or legally disposing of any of the
property, herein given, then that such property shall go to my surviving
children and their heirs and assigns to hold forever.
    Witness my hand and seal which is affixed to the string that binds
these two sheets together. 
                                   R. Caswell (Seal)
Executed in the presence of:
               Simon Bright
               James Bright


State of North Carolina, Dobbs County, January Court 1790
    Then was the within Last Will and Testament of Richard
Caswell, deceased, exhibited into Court and proved by the
oaths of Simon Bright and James Bright, the only Subscribing
witnesses thereto, who swore that they saw the Testator sign,
seal, publish and declare the same to be an contain his last
Will and Testament, and that they also saw him Sign and Seal
the codicil thereto, and acknowledged it to be apart of his 
Will; and to the Codicil thereto, and acknowledged it to be
apart of his Will; and to the best of their knowledge, he
was at that time of perfect mind and memory.
   At the same time, Winston Caswell, one of the Executors
therein named, appeared and qualified as such. Ordered that
Letters Testamentary issue accordingly.
                           Test. W. Caswell, Clk. C.

State of North  Carolina, Lenoir County
    I, Simon Bright, Clerk of the County Court, aforesaid, do
hereby Certify that the foregoing is a true Copy from the 
Original Will & Probate thereof, now remaining in my Office. 
And that Dallam Caswell, one of the Executors therein named, is
the only (now) surviving executor to said Will.
   Given under my hand and seal of the county, at Kinston, the
20th day of July, 1799.
                             Sn. Bright, Cler.
(Official Seal)

Additional Comments:
Submitter is not related and has no further information.

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