Last Will & Testament - Benjamin Stanton

5 Nov 1798
State of North Carolina
Carteret County

Be it Remembered that I Benjamin Stanton of the State and County above said being now weak of Body but of sound mind and memory Do for the settlement of my temporal affairs make and ordain This to be my last Will and Testament First I Desire all of my just Debts be paid by my Executors out of my moveable property and the remainder thereof to be disposed of in manner and form following.

Item: I give my Son James Stanton one fourth part of what he sold the Schooner Sally for and the cargo she carried out when he sold her that is to say the one fourth part of the cargo which part of vessel and part of cargo he hath as I suppose already received but the true and full settlement must be made when my estate is settled this being I think a large portion of my estate for what he did in building and all that he can expect the other three quarters to be considered as the rest of my moveable Estate which said moveable or personal Estate to be disposed of by my Executors and Executrix as they think best for the raising and schooling my Children and to be divided amongst them as equal as possible.

Item: I lind unto my beloved wife Abigail Stanton the plantation whereon I now live with and equal priviledge with the Children to my other woodlands during her natural life and after her Decease I give and bequeath the same to be divided between two sons Benjamin Stanton and Joseph Stanton them their Heirs and afsigns for ever also therewith an equal priviledge of all my wood lands.

Item: I give my Clock unto my son Benjamin Stanton after the Decease of his mother who is to have the use thereof during her natural life.

Item: I give my Shipyard with fifty acres of land including the hummock field to my son Henry Stanton with the buildings and Still after he comes of lawful age with an equal priviledge to my wood lands for plantation use to him and his heirs and afsigns for ever.

Item: I give the land and buildings that Joseph Chadwick now lives on with fifty acres of land and all the improvements with an equal priviledge of my wood land for plantation use to my son David Stanton and to his heirs and afsigns for ever.

Item: I give my Fishing place and lands on Cart Island and also on Shaklefords Banks unto my four sons Henry, David, Benjamin and Joseph only reserving the use thereof unto their Mother during her natural life after which I give the same to them all and to their heirs and afsigns for ever.

Item: I give and bequeath unto my Child that my beloved wife is now pregnant with whether Son or Daughter my lands on North River whereon Negro Jerry now lives, to my said child and his, or her, heirs and afsigns for ever.

Item: I give unto my two Daughters Elisabeth Scott and Sarah Williams my lands in Craven County whereon Joseph Dew now lives to them their heirs and afsigns for ever.

Item: I give unto my Daughter Avice Thomas fifty acres of land whereon she now lives to be bounded by the Road where it now is and the lorrel swamp also binding on Rigges and Foremans lines so as to include the fifty acres also an equal priviledge of my wood lands for Plantation use with the other children to her her heirs and afsigns for ever.

Item: I give to each of my Daughters not herein before this particularly named Fifty Acres of land each, on any part of my land not herein before mentioned to choose for them Silver as they may want it to be laid off by my Executors  to them their heirs and afsigns for ever with the same priviledges of my wood lands as my other children to them and their heirs and afsigns for ever.

Item: My Will and devise is that all the poor black people that ever belonged to me to be intirely free when ever the laws of the land will allow it, until which time my Executors I leave as guardians to protect them and see that they be not deprived of their right or any way misused.

Lastly I nominate and appoint my beloved Wife Abigail Stanton Executrix and my friends Owen Stanton and Horton Howard Executors whole and intirely of this my last Will and Testament hereby revoking and disannulling all other wills by me made ratifying this and no other to be my last Will and Testament this Fifth Day of the Eleventh Month one Thousand Seven Hundred and Ninety and eight

Pronounced and Declared by the said Benjamin Stanton to be his last will and testament in presence of us then Present
    John Marshall
    Joseph Dew
Benj Stanton – SEAL
Carteret County
Feby. Term1799
The above Will was proved in open Court
By the oath of John Marshal
Saml. Leffers - Clk