SOURCE: The original is located at the NC Archives. Submitted bt Clair Hadley IN THE NAME OF GOD, AMEN.I Francis Mackilwean of the County of Dobbs and Province of North Carolina being sick and weak in body, but sound mind and disposing memory and calling to mind the mortality of the body, and knowning that it is appointed unto all men once to die, do make and ordain this my last will and testament in manner and form following. First I recommend my soul into the hands of God that gave it and my body to the earth to be buried in a decent christian manner at the discretion of my executors herein and after named, and as touching my worldly estate wherewith it hath pleased God to bless me, I give and bequeath in the following manner. Impremis. First my will and desire is that my funereal charges and my just debts be paid as soon as possible after my decease. Item. My will and desire is that immediately after my death all my negroes not herein after otherwise particularly bequeathed be divided into nine equal lots and that my beloved wife Mary Mackilewan shall choose one of the said lotts of negroes, which said lott so chosen I give and bequeath to my loving wife her heirs and assigns forever, together with one young mare, bridle and saddle. Item. I give and bequeath unto my son, John Stringer Mackilwean five negroes, viz. Judy, Joe, Peter, Ben, and Phillip, also three horses by name Silverheels, Picture (?) and Cale, five cows and calves and five sows and piggs and one half of my wearing apperral which said several slaves and other articles, I give and bequeath to him and his heirs forever, and which he is to take possession of immediately after my death. Item. my will and desire is that after my beloved wife hath chose her ninth part of my negroes that she chose out of the remaind (not herein otherwise disposed of) five negroes which I lend her the use of untill the first of my children are married or arrives at the full age of twenty one years, then the said negroes to be returned into the general stock and my executors to divide them so as to give out to such child or children an equal proportion of the negroes and if in any division or divisions so made, any of the five negroes lent to my wife should chance to be taken, then my desire is that she choose as many out of the remaining negroes as will make up that number and the remainder to be hired out yearly and the money arising from such hire to be applied toward the education and maintenance of my children.Furthermore, my desire is that my executors observe the same rule as above in giving out each child their proportion of my negroes, whic lot or lotts so parcelled out to each respective child or childten, I give and bequeath to them and their heirs forever (that is to say) to my children Hannah, Elizabeth, Gatsey, Mary, Eleanor, Mancy, Penelope and Francis one ninth part of my negroes each except those given to John Stringer. Item. I lend my beloved wife mary Mackilwean the use of my new plantation during all the days of her natural life and after her death I give and bequeath the said plantation together with a certain tract or parcel of land lying below my new place which said land I pruchased of James Reed, to my son Francis McIlwean his heirs and assigns forever. Item My will and desire is that if my beloved wife Mary should be now with child that such child should have and enjoy my plantation known by the name of Old Ford on Great Contentnea Creek and other plantation which I bought of Samuel Lambert, which said land together with a proportionate part of my negroes not herein otherwise disposed of, I give and bequeath to such child, its heirs and assigns forever, but in case my wife should not be with child, then and in that case, I give and bequeath the said plantation to my son Francis, his heirs and assigns forever. Item. My desire is that my Executors sell at public vendue all my estate not herein before given, both real and personal at six months credit and the money arising from the sales to be equally divided between my wife and my children, Hannah, Elizabeth, Gatsey, Mary, Eleanor, Nancy, Penelope, and my son Francis share and share alike and I do hereby empower the executors and executrix of this my will the survivor or survivors of them to make good and sufficient titles in law to the purchaser or purchasers of such real estate and to secure the same to them and their heirs and assigns forever. And I do hereby appoint my beloved wife Mary Mackilwean Executrix and my loving friend, Farnifold Green and Richard Nixon of Craven County my executors to this my last will and testament. In witness whereof I have hereunto put my hand and seal this 8th day of February 1774. Signed, sealed , published and declared by the testator as and for his last will and testament in presence of us. R. Caswell, Simon Bright, John Shine, nbsp; FRANCIS MACKILWEAN The within last will and testament of F. Mackilwean, deceased, together with the codicil thereto annexed were severally proved before me this 10 day of March 1774, by the oath of Simon Bright, one of the subscribing witnesses thereto, who swore that he was present and did see the testator sign and publish and declare the same to be and contain his last will and testament, and at the time thereof, he was of sound and disposing mind and memory and Farnifold Green and Richard Nixon, two of the executors in the said will named having taken the oaths of Executors and qualified agreeable to law. It is ordered that letters testamentary issue thereof accordingly. JO. MARTIN
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