The Last Will and Testament of Richard Rustull  - 1760

           

Transcriber Notes:  The following is a transcription of the last will and testament of Richard Rustull, dated 21 April 1760, which was proved in Carteret County Court during the March term of 1761.  The original document now resides in the North Carolina Archives in Raleigh. 

            The Richard Rustull whose will is below transcribed was also known as Richard Russell Senior, to distinguish him from his son.  He was an Esquire, Juryman, Justice of the Peace, Member of the General Assembly, Vesterman of St. John’s Parish, and collector of the King’s Taxes.  For eight years during the early 1700’s he owned the town of Beaufort.  He was born about 1669 and died in probably late 1760.  He married Margaret Bell, daughter of John Bell and Margaret Bush, probably about 1699.  Both his wife and his son Richard Rustull Junior, who died in 1747, predeceased him.

            This transcription was done by John Frivance on 23 August 2003.  As the original had very little discernable punctuation, some punctuation has been inserted where it was deemed appropriate.

 

 

 

The Last Will And Testament of Rich.d Rustull

1761

Recorded in Book D. page 333

 

 

            In the Name of God, Amen.  I, Richard Rustull of Cartritt County in the Province           of North Carolina, Gent., Calling to mind the Mortallity of my Body, Do Make     and Ordain This my Last will and Testament, In Manner and form as followeth -        viz:

 

Imprimus First.   I commend my Soul to God that Gave It and my Body to the Earth to be         Buryed In A Desant manner. . . . . .

 

Imprimus.  I Give and Bequeath unto my friend Elizabeth Huggens, for the Services She             has Done me, one hundred pound old Tennor, one Bed and furniture which She      Lays Chiefly on, two cows and calves, three yoes and Lambs, the use of my          Kitchen adjacent to my Dwelling House During Her widowhood, and likewise a            pott to Boyle and Cook her Victualls In . . .

 

Item – I Give and Bequeath unto my friend Edward Sheepard for his Care and Attendance of me while sick, all Depts, dues, and demands that I have against him         upon Condetion he brings no Charge against my Estate for Services Done after     my Diceass;  and Likewise fivety pound old Tennor and two Cows and Calves. . .

 

Item – I Give and Bequeath unto my Naturale grandaughter Sarah Willis One hundred   pound old Tennor to be payed to her In mony;  One Neagro man Named Cato,   Likewise, three Cows and Calves, and one Breeding Mare. . . .

 

Item – I Give, Devise, and Bequeath the Remainder and Residue of my Estate Both       Reall and personall to Be Equally divided Between my two Grand Children John Rustull and Mary Kirtland.  I would have the above Legacy Distributed at the        Discretion of my Executors hereafter Nominated . . . .

 

            Lastly, I do Nominate and appoint Henry Stanton, John Easton, and John Rustull,          before mentioned, to be my Executors to this my Last will and Testament and to       See the Same faithfully and Truly Exicuted According to the true Intent and         Meaning thereof,  Making Null and Void all other will or Wills by me before      made.  Ratifying and Confirming this and no other to be my Last will and Tes-           tament, In Wittness whereof I have hereunto Sett my hand and Affixed my Seal      this twenty first Day of Aprill One Thousand Seven hundred and Sixty.

 

Signed Sealed Published

& Declaired in preasance                      (signed) Richd. Rustull

of                                                                                                         Seal

(signed) William Owen

(signed) James Shaw

(signed) Sarah Shaw

 

North Carolina Carteret County March Court 1761

Present His Majesty’s Justices

            Then was the within Will Proved in Open Court by the Oath of James Shaw, one of the subscribing Evidences thereto who swore that he saw William Owen and Sarah Shaw signe as Concurring Evidences with him, And that at that Time the Testator was of sound mind and ?Disposing? Memory.  And Personally ?Impressed? into Court Henry Stanton and John Easton, Two of the Executors in the said Will named and Qualified by Taking their Solemn Affirmation, they being Two of the People Commonly Called Quakers; and at the same Time Came into Court John Rustull, the other Executor in the said Will named and Qualified by Taking the Oath by Law Appointed. Ordered that Mr. Secretary have notice that Letters Testamentory Issue Accordingly –

                                    Test      (signed) Wm Robertson            C.J.C.