The Last Will and Testament of John Rustull Senr. - 1797

           

Transcriber Notes:  The following is a transcription of the last will and testament of John Rustull Senr., dated 4 July 1797.  The original document now resides in the North Carolina Archives in Raleigh. 

            The John Rustull Senr. whose will is below transcribed was a member of the General Assembly, a Justice of the Peace of Carteret County, and a Revolutionary War soldier, having fought at Hillsboro for five days.  He was born in 1737 and died in 1802.  He married Nancy Read, daughter of Robert Read and Esther Whitehouse, probably in 1765.  Nancy was born on 15 September 1740 and died on 10 November 1787, ten years before the date of this will. 

            The transcription was done by John Frivance on 23 August 2003.

 

 

 

In the name of God, amen, I John Rustull Senr. of Carteret County considering the uncertainty of this mortal life, and being of sound and perfect mind & memory, blessed be all mighty God for the same, do make and publish this my last will and testament in manner and form following (that is to say) First. I give and bequeath unto my son John Rustull my plantation and all that I bought of Isaac White, one hundred & fifty acres more or less, the choice of my horses & one bead and furniture, my boots, and my Cooppers tooles.  I allso give and bequeath unto my Daughter Francis Norris twenty five acres of land.  I also give and bequeath unto my grand son William Brown twenty five acres of land.  I also give and bequeath unto my grand son Loz Rustull one cow and calf, and all the rest of my estate to be sold and divided equally among my children --- and the aforesaid land that I give unto my daughter Francis Norris and my grand son William Brown If sold to give the first offer to my children, and if William Brown my grandson dies before he comes of age for that twenty five acres of land to go to his two sisters, that is Catherine Brown and her sister Marcy Brown, and further more if William Gills Brown, the father of William Brown, should bring any claims or demands against my estate after my decease I then herein doth cut my grand son William Brown of any part or parcel of the legesey I above mentioned or his

two sisters, that is Catherin & Marcy Brown, should the said William Brown die before he came of age, that is apon the ?privises? that is  if the said William Gills Brown, the father of the aforesaid three children, should bring any account against my estate after my deceast otherwise it is to remain as before mentioned.  In witness whereof I the said John Rustull have to this my last will & testament set my hand and seal this 4th day of July and in the year of Our Lord one thousand seven hundred and ninety seven

 

Signed sealed published &

declared by the said John

Rustull the testator, as his                                  (signed) John Rustull                 Seal

last will and testament

in the presence of us who

were present at the time

of signing and sealing thereof

(signed) ?Jehand? Harris

(signed) x William Jones

(signed) x William Thomson Junr

 

Whereas I do herein appoint my son John Russell & son in law William Ripley as sole executors to this my last will & testament and likewise to pay out of the estate that I left undivided all my debts & the remainder then to be equally divided as above mentioned. this 4th day July 1797

 

 (signed) ?Jehand? Harris

(signed) x William Jones                                                (signed) John Rustull                 Seal

(signed) x Wm Thomson Junr