Monday, October 8, 2007

Council, Hardy, Will IOW Co., VA 1748

In the Name of God Amen, the 28th of Nov. 1748. I, Hardy Councill, of Isle of Wight Co. & Parish of NEWPORT in Virginia, having lived to the age of very near seventy one, being in health of body and of perfect mind and memory, I praise the Lord therefore and calling to mind the uncertainty of this life, and knowing that it is appointed for all men once to die, have thought fit to make this my last will and testament in the following manner and form. 1st. I recommend my soul into the hands of Almighty God that gave it and my body to the Grave to be decently buried in Christian Burial, at the discretion of my executors hereafter mentioned and for my worldly estate that it hath pleased God to bless me withall, I give and bequeath the same in the following manner and form: Item. First. I leave to my beloved wife Susannah the use and command of all my negros during her natural life, and the plantation whereon we now live for the same term. Item. I give to my four oldest daughters, Mary, Ann, Lucy, and Martha, each of them one shilling besides what I have already possessed them with all. Item. I give to my son Hardy Councill, that 100 acres whereon John Sherard Jun'r. now lives to him, his heirs and assigns forever. I also give to my son Hardy my negro woman Cate after his mothers decease. I give and bequeath to my son Charles Councill the plantation whereon he now lives with two hundred acres, beginning at a corner tree that parted the land of WILLIAM BRASSWELL and myself and to his heirs and assigns forever. I also give to my son Charles my negro man called Bowman after his mothers decease. I give to my son Michael Councill all the land I now hold in Carolina and the plantation he now lives on to him and his heirs and assigns forever. I also give to my son Michael my negro man called Dick after his mothers decease. I give to my daughter Susannah Councill 300 acres, on the heads of the branches of Kingsale and of Beaver Dams, according to the bound thereof to her and heirs and assigns forever. I also give her one feather bed, and the furniture that belongs to it. I give to my daughter Christian Councill all the land I hold on the West side of the Beaver Dam Swamp except 10 acres, to her and her heirs and assigns forever. Also I give her one feather bed and furniture belonging to it and all the cattle that is now called hers, and their future increase. I also give her my great Book, wherein her age is set; the land I give her is by estimation 200 acres. I give to my son Joshua Councill the plantation whereon I now live with all the land belonging to it being 350 acres to him and his assigns forever, after his mothers decease. I also give him one feather bed and the furniture belonging to it; also my will is that my son Joshua shall have liberty to work anywhere on the land not hurting his mother's tended ground, not any of her immediate convenience. The bed & furniture I have already possessed him withall. All the rest of my personal estate within doors and without I leave it to my loving wife to her and her disposing. My will is further that my son Joshua after his mothers decease shall have my negro man Peter, and I also give him 10 acres at the corner of my land next Keels--Foley. And I do make and ordain my loving wife Susannah Councill and my son Charles Councill to be my executrix and executor of this my last will and testament, bearing date this 22d day of Feb. Anno Domi 1749.

Signed, seal in the presence of these witnesses: Jacob Dickinson, Hardy Lawrence, Robt. R. Johnson

(Signed) Hardy Councill (S.S.)

Then rec'd. of my father Hardy Councill the feather bed & furniture that he bequeathed me in his last will and testament within mentioned and now received the sd. bed in my father's lifetime. Given under my hand this 24th day of Nov. 1750.

Witnessed, Robert Whitfield

(Signed) Joshua Councill

At a Court held for Isle of Wight Co. March 7th, 1750, the last will and testament of Hardy Councill, Gent. deceased, was presented by Susannah Councill and Charles Councill the Executors therein named, who made oath thereto and being proved by the oath of Hardy Lawrence, and the affirmation of Robert Johnson, two of the witnesses thereto and ordered to be recorded.

Test Jas. Baker, Cl. Cur.

A copy, Teste (signed) R. A. Edwards, Clerk

(IOW Co., VA W.B. 5 P. 319) & found at rootsweb.

UPDATED Nov 25, 2007 From Abstracts of Deeds: Northampton County, North Carolina 1741-1759 by Margaret M. Hofmann Deed Book 1

page 122 HARDY COUNCELL of New Port Parish in Isle of Wight Co. Va. to Charles COUNCELL of Northampton Co 10 May 1744, for the love and good will I do bear to my son Charles COUNCELL, 200 acres joining WILLIAM BRASELL and a swamp, all houses, orchards, etc. Wit: Hardy COUNCELL, Michael COUNCELL, Joshua COUNCELL.

This deed indicates the 200 acres bequeathed to Charles Council by his father Hardy Council was situated in Northampton Co., NC and not in Newport Parish.