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The Will of Edmund Pendleton:
I, Edmund Pendleton of Edmundsbury in the County of Caroline, aged and infirm, but by divine favor tolerably free from bodily pain and of sound mind, do make this my will for settling my temporal concerns.
I give and devise the legal title and estate in a tract of land on west and reedy Creek, a branch of Holstein River the patent for which was granted in Virginia and confirmed by the Legislature of North Carolina, to my friend and relation Colonel John Taylor of Hazelwood (to whom I formerly sold an undivided moity thereof and received the purchase money) upon this trust and confidence, that he convey to the purchasers from my nephew Phillip Pendleton a tract of 500 acres, which I gave him out of my part, according to a survey thereof made by consent of James and Thomas Gaines in case the same is not already conveyed by virtue of my power of attorney for that purpose. And in trust to convey the land hereby devised, that is the residue according to the letter and spirit of two written agreements who, are jointly entered into respecting the same, the one with Messrs James and thomas Gaines and the other with Mr. David Ross, taken together provided the said agreements are fulfilled on their parts, and my exors, receive the amount of John Ross's three bonds to me, or in case of failure to take such measures for the recovery of the money due to both of our joint expense as he my judge best. If he should die before the trust is fully executed, I empower any one of my executors, with the approbation of the others and of Colonel Taylor's executors, to make the like conveyances or take the other necessary measures.
I give to Edmund Pendleton Junr. son of my nephew Edmund a tract of land he is now in possession of, to begin at the mouth of a gut in Morocosic Creek a little above Samuel's Bridge running up the gut to the road, and along the road to my dwelling house to a corner, I mean to mark these. If not done to come two hundred and fifty yards from his cleared ground on the road thence North 40 degrees East to and across the _____ branch up the edge of the branch to his father's line along that line (to be so adjusted as to strike the branch to which I permitted my nephew to tend, including part of the land purchased of Col. John Taylor but made no conveyance and hereby confirm to him, to Morocosic Creek and down the creek to beginning. I also confirm my former gift of Mulatto J___ now in his possession.
In like manner I confirm to John Johnson of Newberry the gift of a girl Eddie now has in his possession.
I subject all my real estate to the payment of my debts if necessary but not to be sold during the life of my wife, unless by her consent and my Executors shall find it necessary to save my other estate for her, in that case I recommend a sale to be of New Gate plantation including the land below the road bounds of young Edmund's land to the road which leads over the bridge below my old mill and along that road to its nearest approach to the corner between that plantation and Capt. Jones and along the several lines to the creek and up the creek to the beginning, which I think will make a valuable settlement and sell well.
I give to my beloved wife the said New Gate plantation and all my other land in Caroline, all my slaves, stock and household goods, my chariot and harness, kitchen furniture, new goods, provisions and liquors in the house and such books as she shall choose, all which i give her the use of during her natural life, at her death I give the residue of my land except New Gate plantation above described, my great nephew John Pendleton of Newbury and his heirs, the slaves and other personal estate not consumed in the use to be equally divided between my nephew Edmund and his six children who are married, my faithful servant Nero to choose his master of them.
My New Gate plantation if not necessary to be sold I give to my nephew at the death of my wife, to hold during his life and at his death to his son John Pendleton and his heirs, but in that event I give no more of my land on the North East side of the road than shall lie southwest of a straight line to be run from young Edmund's corner, on that road to Dixon's line where it crosses the road above, and the residue of my land on the north east side of the said line I give to my great nephew Edmund Pendleton Junr. and his heris who I hope will not think me partial to his brother for they share equally in my affection. I contemplate his equal provision from his father's land finally and only anticipated that for his brother on account of his more forward and growing family.
Out of my Crop of Grain growing or in the house at the time of my death, my wife is to have as much alloted her as will serve her family til another crop is made, the surplus only to be sold if any.
All the residue of my estate of what nature so ever, I give to my nephew Edmund Pendleton who knows my intention as to his father's mortgages and will act therein according.
My very numerous and respectable collateral relations share my affection and regard but are pretermitted in sharing my small fortune from justice to my nephew who being adopted by me when a child has a filial claim upon me which would have been injurious of me to disappoint.
I give to my friend Dr. William Baynham five guineas to buy a ring or such other memorial of me as he shall chuse, and to Col. John Taylor my gold headed cane present me by Dr. Baynham.
Of this will I appoint and request my said nephew Edmund Pendleton, his two sons John and Edmund, and my said relation and friend John Taylor to be executors assuredly confiding in their contributing all in their power to the happiness of my beloved wife who has been and is an affectionate aunt as well as a tender wife, revoking all former wills.
I have to this written my own hand to save the necessity of witnesses affixed my hand and seal, May the 19th, 1799.
Edmund Pendleton (SEAL)
At a court held for Caroline County of Tuesday, the 13th day of December, 1803.
This writing purporting to be the last will and testament of Edmund Pendleton without a subscribing witness thereto was presented to the Court and the Court from an inspection thereof was of opinion that the said will was wholly written by the said Pendleton. Ordered that the will be admitted to record.
Teste:
William Nelson, C.C.C.
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