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June 23, 1736
In the Name of God Amen I George Phenny Surveyor General of his Majestys Customs in the Southern District on the Continent of America, Do make and Ordain this to be my Last Will and Testament in manner following
Imprimis I bequeath my Soul to Almighty God most humbly beseeching him to receive the same to his Mercy
Item I give to Mr. Ralph Noden of London Merchant One hundred Pounds Sterling to be disposed of Viz as follows that the said One hundred pounds be by him paid unto Elizabeth Kirk (formerly Elizabeth Houghton) of London to her only Use in such manner as the said Ralph Noden shall think necessary for her Support
Item I give to Mary a Negro Girl Daughter of Tittimair her ffreedom as soon as she shall attain the Age of Twenty Years or at the decease of my Executrix which shall first happen
Item I give and bequeath unto Penelope Phenny my Wife One full third part of all my Estate Real and Personal whatsoever (my debts and Legacy being first paid and deducted) to her sole use and [behest?]
Item I give all the rest and Residue of my Estate Lands, Houses, Negros Moneys Goods, Chattles Plate and Jewels unto the sd Penelope my wife for the Uses following (that is to say) if it shall please God that the said Penelope be deliveered of the Child with which she is now pregnant, then my Will is that she the said Penelope have the Use of my said Estate during the term of her Natural Life and after her decease I give and bequeath all my said Real and personal Estate unto such Child and to his or her heirs for Ever and if there should be more than One then to be equally
equally divided between them Share and Share alike but if such child or Children shall happen to dye before the decease of the said Penelope or before he she or they shall attain the Age of Twenty one Years, then and in such care I give and bequeath unto Joseph Harrison my Nephew the sum of ffive hundred pounds Sterling to be paid him at the decease of the said Penelope or of such Child or Children as aforesd. which shall last happen
In Witness whereof I have hereunto set my hand and Seal in North Carolina this twenty third Day of June in the Year of Our Lord 1736
G Phenney & Seal
Signed sealed published and declared in the prescence of Sam Tolley Thos. Ashley J Butler
Copy [Test?] [?] Dep Secty.
No. 14
Mr. Phenneys Will
or Patent for the said Land who then Absolutely refused to Guard any Patents but this Deponant soon after being Informed that Sr. Richard was Prevailed upon to Grant Lands he then applied himself to Mr. Edward Mosely and asked him if he Could help him to a patent that Mr. Moseley [illegible] but they are too dear for you, I cant Take less than Seventy Pounds per Thousand Acres, but I can tell you where You may be them Cheaper and then Recommended this Deponant to Mr. William Little then Receiver General, to whom this Deponant applyed and Bought a Patent from him for Ten Thousand One Hundred and Seventy five Acres of Land --- bearing Dakin April One Thousand seven hundred and Thirty at the Rate of Thirty Pounds for each Thousand Acres which were the Same Lands he Purchased of the Indians as aforesaid and this Deponant further Saith not [&c. ?]
Martin Frank 19 June 1736
The Surveyor General [dd?] in [Plots?] of Certain Lands [illegible] surveyed Pursuant to an Order of this board Viz a Tract of Martin frank's containing according to his Patent [10175?] Acrews but by the Survyor Generals report 16476 Acres Each [6301?] the said Franks in Sept. last Surrendered the said Pattent to the Governor in Council as invalid being found after his Majestys [entire line illegible due to damage] New Warrant for each Patent thereof as should be [illegible] Convenient which are singly [illegible] granted for 5000 ac. [Illegible]
[Umbrage?] whereof it appears [illegible] the [afore---?] that the said Frank did fraudulently [illegible] to hold 11301 being the [illegible] above added to [this?] [@?] 5000
[writing in left margin is illegible]