State of North Carolina
Tyrell County
Book 2, Page 59
Dated 9 December 1804

In the name of God amen: The ninth day of Decem. in the year of our Lord 1804 I Jose. Spruill of Tyrell County & State of North Carolina being sick but of sound disposing mind & memory do make & ordain this my last will & testament in from following - I leave my just debts & funeral expences to be paid out of my estate ---

I lend to my beloved wife Elizabeth Spruill the use of my house & one third part of my lands during her natural life or widdowhood and if she will relinquish her third part of my land in the body that it may be sold as hereafter described in that case I give her my young horse & oxen named Darling but if she does not give up her third part of the said body land when requested by friend Charles Spruill I desire that the said above mentioned horse & oxen be sold by the said Chas. Spruill & the money arising therefrom to be divided between my son Shadric & daughter Rosina Spruill when they come of age.

I give & bequeath to my friend Ann Obrian one cow named Cherry & calf one spotted sow & six pigs one black hog one ewe choice to her & her heirs forever.

I give and bequeath to my wifes daughter Elenore one silver dollar. I give & bequeath for my son Shadrick Spruill all my money notes & accounts to be paid him he becomes of age. I also give him my small gun all my wearing apparel & my chest to him & his heirs forever ----

I leave my lands in the body that was deeded to me by father to be sold at the discretion of my friend Chas. Spruill and the money arising therefrom to be paid by him to my beloved son Shadric Spruill when he becomes of age I also leave the two thirds of my manner plantation & land to the discretion of my friend Charles Spruill to be sold in the same manner as the above mentioned land in the body or rents out during the life or widdowhood of my wife and at her death or marriage the whole to be sold & the money arising to be paid to by beloved son Shadrick when he becomes of age, & I hereby empower the said Charles Spruill to convey by deed all my lands to whoever may purchase as fully & effective as I could do in my life time.

I give and bequeath to my beloved wife Elizabeth one third part of my stock & other movable property not before given. I will & desire that all the remaining part of my estate to be sold by my friend Charles Spruill & the money arising therefrom to be equally divided between my two children Shadric & Rosina when they become of age & it is my will & desire that my friend Charles Spruill have whole care & command of my two children Shadrich & Rosina when they become of age & it is my will & desire that my friend Charles Spruill have whole care & command of my two children Shadrich & Rosina when they come of age ---- And it is my will & desire that my friend Charles Spruill have whole care command & management of my children Shadric & Rosina & their property until they become of age that no other person shall have the power to take the command of said Shadric & Rosina or their property out of the power of sd. Charles Spruill without his consent I case of either of my two children should die without heir of their bodies lawfully begotten it is my will tht the surviving one shall have all my property and if they should both die without heir lawfully begotten it is my will that their property shall be equally divided to Ann Obrians children when they become of age & should my friend Chas. Spruill die or refuse to act as he is hereby appointed I leave the whole trust that I have empowered him to my nephew & friend Nathan Spruill except the guardianship of my two children & I hereby leave the sd. Chas. Spruill & Nathan Spruill sole executors of this my last will & testament revoking all former wills or gifts by me before made ratifying & confirming this & no other to be my last will & testament whereof I have hereunto set my hand & seal the day & year above written interlined the word Chas. Spruill before signed. Signed Sealed & pronounced by the testator to be his last will & testament in presence of us

Jose (his -x- mark) Spruill (Seal)