Wills of the Sutton Family

This Page revised: 8/18/2005


Sutton, Nathaniel (1), died Dec 29, 1682. (His will Grimes, p. Mar 12, 1682) He left to son George, “plan’ where I now live,” to Joseph plan’, son Nathaniel 150a of land, d. Rebecka, cousin Joshn Godby (Gosby). Wife not named, but she survived him, & m. 2nd John Wedby, May 10, 1685, who died leaving her a widow, when she m. for her 3rd husband, Dennis MacClenden. ) (“History of Perquimans Co” by. Mrs. Watson Winslow)

SUTTON, Nathaniel. Perquiman's Co, NC. 12/20/1682. 3/12/1682. Sons: George ("plantation whereon I now live"), Josephh (plantation where Edward Poulter lives), Nathaniel (150 acres of land). Daughter: Rebeckah. Cousin: John Godby. Wife: no named. Witnesses: Edward Poulter, John Kinse. Clerk of Court: Thos Snoden. (NC Historical & Genealogical Register, Abstract of Wills 1691-1760, p367)

Will of Joseph Sutton 20 Jan 1694/5 8 April 1696 - Son Joseph my plantation on NS of Sutton’s Creek, son Christopher, daughter Hanah, Son George, son Nathaniel - sons Christopher, Geo and Nathaniel to share plantation where I now live. Children to be free to act for themselves when they accomplish ye age of sixteen. Exec wife Deliverance, sons Joseph and Christopher. (Early Records of NC Vol. II, Stephen Bradley)

Joseph Sutton. Perquimans Co, NC. 1/20/1694-1695 April Court, 1696. Sons: Joseph, Christopher, gEorge & Nathaniel. Wife & Executrix: Deliverance. Witnesses: Jenkin Williams, Francis Foster, William Barrow. Clerk of Court: W Glover (NC Historical & Genealogical Register, Abstract of Wills 1691-1760, p366)

George Sutton. 3/11/1699. Bertie Co, NC. No probate. Son: Richard. Daughters: Elizabeth (plantation at the Richland), Deborah (plantation at the hickory land). Wife: not named, and no exectrix appointed. (NC Historical & Genealogical Register, Abstract of Wills 1691-1760, p366)

Joseph Sutton b. ca 1637 d. 17 Jan 1695 Perquimans Co., NC will probated 20 Jan 1695, April Court, 1696. Names four sons, wife and executrix: Deliverance. Witnesses: Jenkin Williams, Francis Foster, William Barrow. He m. 1 Jan 1669 Deliverance Nicholson, dau. of Christopher and Ann (Atwood) Nicholson. (Sutton Sutton and More Suttons, Doris Ellen (Witter) Bland, 1992, Bland Books, r5, Box 412, Fairfield, Ill 62837, p.8)

Here is Joseph Sutton's Will from Archives
Know all men By these presents that I Joseph Sutton of Perquimans in North Carolina being at this time weak of body but of sound and perfect mind etc. . .
Item: I give unto my two Sons George & Joseph Sutton the plantation I now live on George to have that part from the Landing down to Nathiell Suttons Line…..
….. and Joseph the Other part from the Landing to (Joseph Thomas)* Line so runing up the Land to the head I give the said Land to them & their heirs forever, also I will that Pethine my Second Daughter live with Joseph Sutton to have A Room in the House while she lives unmarried.
I give to my Son Joseph two negros named Jones and Batte.
I give to my Daughter Pethine two Negros Yoaker(?) and Jenny with their Increases.
I also give my Daughter Elizabeth, two Negros Nan & Mariah with their Increases
I also give my son George one Negro man named Allin.
I also give to my Grandson Thomas Sutton one Negro Girl Nan with her Increases to him.
I also give to my son Joseph one negro man named Robbin.
I also give to my son Joseph three Cows and three yearlings and one three year old Heiffer.
I also give to daughter Pethine three cows & three yearlings & one three year old heafor
I also will that all the remaining part of my Cattle may be Equally divided amongst all my Children.
I give to my Daughter Pethine one Gray mare named Bonney with her Increases.
I also Give to my son George one horse named Butten.
I also Give to my Daughter Elizabeth one white mare named Jinne and her increases.
I also give to my son Joseph one young Gray Mare.
I also give to my Son Joseph one mous Cullered Maro mare with increases
To son Joseph two Iron Potts, one Small one and one Great one.
I also Give to my Daughter Elizabeth two Iron potts one small one and one Large one.
I also give to my Daughter Pethine two Iron potts one small one and one Large one.
I also give twenty Six pewter basons to be Equally Divided amongst my five Children George, Elizabeth, Thomas, Pethine and Joseph.
I also give to my two Daughters Elizabeth and Pethine and my son Joseph Each of them one Dozen and a half of Pewter Plates apiece.
I also give to my two sons George and Thomas Each of them eight pewter plates apiece.
I also give seven and twenty pewter Dishes to be Equally Divided between my five Children and all the rest of the pewter to Pethine and Joseph.
I also give to Pethine and Joseph nine sheep Apeace Ews and increases (?).
I also give to my Daughter Elizabeth one feather bed and one pair of sheets, one pair of Blankets and one rug.
I also give to my son George one feather bed one pair of sheets and one pair of blankets & one Civerlid
To Pethine one feather bed & one pair of sheets & one pair blankets & one green rug.
To Joseph one feather bed and one pair of sheets & one pair of Blankets & one Rug with bolsters to each of them.
I give to my Daughter Pethine one piece of Garlick likewise I give to my son Joseph one piece of Garlick.
I also give three hatts to my three sons.
I also give all the rest of bed clothes to be equally divided to the beds.
I give one piece of sheeting lining to be made up for the beds.
I Give all the remaining part of what Lining I have Ozenbrigs (?) fine and Cource to be equally divided between my five Children.
I also leave Each of my three sons one Coat apiece.
I also leave all my axes and hoes & all my Iron things to be Divided Equally amongst all my children.
I also give to my son George one great table and form(?) and one Chest.
I also give to my son Joseph one small table and form and one Chest.
I also give to my Daughter Pethine one small table and Chest.
I also give to my Daughter Elizabeth one large Juniper(?) Chest.
I also give to my son Joseph one pair of Culling mill stones.
I also give to my son George one pair of Millstones.
I also give to my Daughter Elizabeth one Silver Cup and six Silver spoons and one Silver tankard
I give to Pethine - one brass kettle to my two sons George & Joseph I also give my part of the Smith Tools to my two sons Thomas and Joseph.
I also give to my son Joseph my Gun.
I also give eather of them a lining Spining Wheal.
I also give to my three sons Four Thousand Nailes Apeice.
I also give to my Daughter Pethine one wolling spining Whele.
I also give to my son Joseph one woling and one lining Spinning Wheels.
I also give all the rest of my Estate to be Equally Divided between all my Children.
I do make and ordaine my loving brother Richard Whidbee & my son George Sutton to be my Executors of this my Last Will & Testament this 11 day of January 1723.
Wit: Richard Ratliff, William Wood,William Barber,Signed: Joseph Sutton

Will of Joseph Sutton 5 Jan 1723/24 26 Mar 1734 Son Christopher land bought of Richard Sutton, daughter hanah land at Sipros Swamp adj Nathaniel Sutton, daughters Sarah and Elizabeth land called Edgehill Leavels, daughter Mary plantation on NS Suttons Creek, mentioned brother Christopher, brother George, brother Nathaniel. Exec wife Rebecca, Peter Jones. (Early Records of NC Vol. V, Stephen Bradley)

Will of Joseph Sutton, Perquimans Co, 1/11/1723-1724; 3/10/1723
Sons: George & Joseph ("plantation I now live on"). To Joseph is also given two negroes, and to George two negroes. Daughters: Pashence and Elizbeth (6 silver spoons, 1 silver cup & silver tankard). Grandson: Thomas Sutton. Executors: Richard Whidbee (brother) & George Sutton (son). Witnesses: Richard Ratliff, William Wood, William Barber. Prove before George Burrington

Will of Joseph Sutton, 1/11/1723; 7/9/1723. Sons George & Joseph, daughters Parthenia & Elizabeth Sutton, grand-son Thomas Sutton, daughter Elizabeth; son Thomas, brother Richard Whedbee & son George, Exrs. Test, Richard Ratliff, Wm Wood, Wm Barber. (NC Historical & Genealogical Register, Abstract of Wills, p186)

Will of Joseph Sutton, Perquimans Co, 1/15/1723-1724; 3/26/1724
Son: Christopher (land and negroes). Daughters: Sarah & Elizabeth (Land called Edgehill Leavels), Mary (land on Sutton's Creek), Hannah (land on Sipros (Cypress) Swamp). Brothers: George and Nathaniel Sutton. Wife and Executrix: Rebeckah. Executors: Peter Jones & Richard Whidby. Witnessess: Francis Craxton, Richard Rattliff, William Jones. Proven before Gab Johnston

Sutton, Joseph (2) will (Grimes) p. Mar 10, 1723. He left to sons: George & Joseph, plan’ “I now live on” Pashense (Parthenia) d Elizabeth to whom he left “6 silver spoons, 1 silver cup, and silver tankard,” Gr-son Thomas Sutton. Made brother (bro-in-law) Richard Whidbee ex. (Thomas Sutton, gr-son of Joseph, moved to Bertie Co., where his will was p. Mar 2, 1750 naming sons: Thomas, William, George, Joshua, Jasper, dau’s Parthenia, Mary, Elizabeth, & Judith, Wife Elizabeth) ) (“History of Perquimans Co” by. Mrs. Watson Winslow)

Sutton, Joseph (3) (s of George & Deliverance) will p. Mar 26, 1724. Son: Christopher, Dau’s Sarah & Elizabeth, to d Mary , “land on Sutton Creek” Hanna, “Land on Cypress Swamp,” wife Rebeckah, brothrs George and nathaniel. Peter Jones and Richard Whidby Exrs. (Rebecca Sutton (nee Jones d of Peter) m. 2nd Joshua Toms, & 3rd Charles Denman.) ) (“History of Perquimans Co” by. Mrs. Watson Winslow)

Mcclenden, Deborah Perquimans County, Febraury 8, 1728-1729 October 15, 1732 Grandson: Joseph Sutto. Son and Executor: Richard Wheedbee. Wit: Charles Denman, James Anderson, Senr., James Anderson, Junr. cc Charles Denman (Abstract of North Carolina Wills, by J. Bryan Grimes, Secretary of State 1910)

Deborah Mcclenden 28 February 1729, Probated 1732
In the name of God amen, I Deborah Mackclenden widow of Perquimans Precinct in NC, gong in health and perfect in memory praise to God for the same and knowing the uncertainty of this life and desirous to settle my affairs in order doemake this my last will & testament in manner and form following:
that to say, first I command my soul to God who gave it and my body to the earth to be decently buried according to the direction of my executor hereafter names ------- as touching my worldly estate I have as followth - viz: I give an bequeath to my grandson Joseph Sutton six pounds in good species to be paid by my executor.
Item: I give to my son Richard Whedbee all the remaining part of my estate both real & personal be it what kind so ever & lastly I do appoint my son Richard Whedbee my sole executor to this my last will & testament revoking all former wills by me heretofore made acknowledging this to be my last will & testament as witness my Hand & Seal this twenty eighth day of February 1728-1729. Deborah (0) MackClenden Her Mark
Signed sealed & pronounced in the presence of us, Charles Denman James Anderson, Senior James Anderson, Junior
Perquimans Precinct - At a Court held October the 15th 1732, the written will was proved by oath of James Anderson, Senior and James Anderson, Junior evidences therto who disposes they saw Charles Denman sign the same as evident the executor being present took the Executor’s Oath as the law prescribes. Test: Charles, Clerk of Court

John Sutton will dated December 17, 1746 and probated December 20, 1750. This will is dated fifteen years after the death of Elizabeth Conger. The Will states the following " I give my Wif the cos of the Roms and a thurd part of the free incoms of the land so long as the sehe remains my wido and I give hur the thurd part of all my movels for to be hur one to dispos with to how she plasafs" Second wife unknown. - Will proven Somerset , Middlesex County, New Jersey.

12/17/1746. SUTTON (SOTTON), John of Middlesex Co.; will of. Wife ____, Aaron, son of Moses SOTTEN, and his mother. My son, Aaron's daughter and her mother. Other children -- John, Dave, Jams, Jesse, Mary and Epram. Names Peter MARTEN. Real and personal estate. Executors -- sons John and David SOTTEN. Witnesses -- George BOICE, Jacob BOICE, Leander BOICE. Proved December 30, 1750. Lib E, p. 469.
12/14/1750. Inventory, made by Joshua SMALLEY and James PYATT. Includes bonds of James FITZRANDOLPH, John WEBSTER, Jeremiah DUNN, George BOICE, Trustrym MANNING, Fitzrandolph DRAKE, Moses BURGES, Thomas DAVIS, Gershom DRAKE, John TENBROKE, Joseph FITZRANDOLPH; also notes of Ephrim SUTTON, Zachariah SUTTON, Martin DUNHAM, Andrew SMALLEY, Peter MARTIN, Jun'r, Isaac MANNING, Moses FITZRANDOLPH, Elisha WHITEHEAD.

Thomas Sutton. Bertie Co, NC. 2/3/1750-1751. 3/2/1750. Sons: Thomas, William, George, Joshua, Jasper (land divided among these sons). Daughters: Parthenia, Mary, Elizabeth, Judith. Wife: Elizabeth. Executors: John Hardison & Edward Rasor. Proven before Gab Johnston at Eden House. 8 negroes are divided among children. (NC Historical & Genealogical Register, Abstract of Wills 1691-1760, p367)

Will of Joseph Sutton dated 10/23/1754 notes the following: Wife Priscilla, use of personal and all real property, except 19 acres. Eldest son, Henry, after the death of my father, Thomas Sutton, the said 19 acres which lies on highway between Piscataway and New Brunswick and which joins Moses Fitz Randolph. Youngest son, Jacob, the place where I live, also the lot I bought of William Robert and Edward Potter; also that lot which was my father, Thomas Sutton's homestead, with 3 acres of salt meadow at Roundabout, after the decease of my father. After the death of my wife, the personal estate is to be given to my two daughters and granddaughter, Priscilla Foster. (daughters named Sarah and Priscilla). If my said granddaughter dies before she comes of age, then her share to go to her sister, Johannah Foster. Exec. sons, Henry Sutton of Woodbridge and Jacob Sutton of Piscataway. Inventory 4/24/1762. (Lib H, P. 92) (Calendar of Wills, Vol XXXIII).

The will of John Sutton of Somerset dated 8/25/1758, proved 1/22/1761, names wife Mary, daus Elizabeth, Anne, Lois, Mary; sons Jeremiah, Abner and Philip; brother David Sutton, wife and son Jeremiah executors. (Mayflower Families Through Five Generations, Vol 4, 2nd Ed, Edward Fuller, Publ by Gen. Soc. of Mayflower Descendants 1995, Bruce Campbell Mac Gunnslge, CS p. 106)

Samuel Sutton, 1/3/1764; 8/4/1764. Wife Sarah, son Samuel, daughter Mary, sons John & George; brother Wm Robbins, friend Charles Blount, Tulle Williams & Andrew Knox, Exrs. Test, John Clayton, John Whedbee, Jos Sutton. (NC Historical & Genealogical Register, Abstract of Wills, p186)

No. 164. Joseph Sutton, & Miriam his wife, of Perq; Joseph Sutton dec'd, did bequeath unto his son Christopher Sutton dec'd, land "in fee," (gr-father of sd Joseph) who obtained a Writ, which was Ex by William Skinner Esq. Sheriff of Perq; 2/14/1771, sold 63a (whereof sd Joseph Sutton the younger, is seized, under the will of Joseph Sutton, dec gr-father of sd Joseph) for 46 pounds pd by Edward Turner, of afsd, "pt of a grt unto George Sutton, 11/11/1719," at the head of Deep Creek, called "Rattle Snake Ridge." 3/2/1771. Test. Abraham Mullen, William Robins. (Deed Bk H - History of Perquimans County, Winslow)

State of North Carolina May Court 1777 Bertie County In the name of God Amen March 3d day 1777, I Thomas Sutton of North Carolina & county of Bertie Planter being sick & weak in body though blessed be God of sound mind perfect understanding & memory do make ordain & constitute this my last WillTestament (that is to say) principally & first of all I gibe and recommend my Soul toGod that gave it and my Body to the Earth to be buried in decent Christian Burial at the descretion of my Executors after named and as touching such Estate as it hath pleased God to bless me with. I give and dispose of in the following anner and form. First I will & positively order that all my debts be paid. _____ is I give & bequeath to my Son Thomas Sutton all my Land & Plantation whreon I now live to him his Heirs & assignedfor ever provided he should live to the age of twenty one years and have issueof his body lawfully begotten but in case he should die before he comes to the age twenty one years and without carefull issue the above land and Plantation to fall to his sister Mary Sutton to her & her Heirs & assigns for ever provided she should live to Age of twenty one years or have Heirs of her Body lawfully begotten but in case she should die before she comes to the age of twenty one years or without heirs of her body lawfully begotten then & in that case I give demise and bequeath the above Land & Plantation to my sister Mary Hardy's Children to be equally divided among them to them their Heirs & assigns forever. Then I give & bequeath all the remainder Part of my estate to be equally divided between my two children namly Thomas Sutton & Mary Sutton (aforce)not sure to be divided when either of them Marries or comes to the Age of twenty one years to them their heirs & issues forever proved they live to the age of twenty one years or marry but in case neither of them live to the age of twenty one years or marry then in that case I give & bequeath all the remainder Part of my estate as above said to my above Sister Mary Hardy's children to be equally divided between them to them their Heirs & assigns forever Furthermore my Will & Pleasure is that nothing of my Estate be sold more than will pay bebys and defray costs or as my Eaecutors shall think proper. Item & lastly I do constitute ordain & appoint my Brother in Law William Jordan & my Friend William Hardy executors of this my Last Will & Testament interested for my children to Execute my above Will utterly revoking & disannulling & disallowing all former Will or Wills, ratifying & confirming this and no other to be my Last Will & Testament. In Witness whereof I do ______to set my hand and seal this day & year above written Thomas Sutton
Signed Sealed Declared & Pronounced in the Presence of us. Charles Hodgson Samuel Moore Mary Sutton August Court 1779 (contributed & transcribed by: Ann & Pete Rowe P.O. box 1117, Eastville, VA 23347

Joseph Sutton, 12/31/1793; Feby Term 1794. Daughtr Rachel Newby (wife of Francis), daughter Elizabeth Andrews, son James, daughters Parthenia Standin & Sarah Norcom, grandson Henderson Standin, grand-daughter Mary Sutton, Tamar Tow (daughter of Deborah Tow), Benjamin Tow (Son of Deborah); James & son-in-law Lemuel Standin, Exrs. Test, Geo Sutton, Levi Munden. (NC Historical & Genealogical Register, Abstract of Wills, p187)

Will of Jonas Sutton of Amwell Twsp, Hunterdon County dtd: 3/25/1797
"Wife Elizabeth, what movables pleaseth her to keep; also use of lands jointly with son Amos, while widow. Son, Amos, remainder of personal and all real; he paying legacies. Daughter, Prudence $(actually was the pound sign but I do not know how to do that on my computer)120. Sons, Jonathan, and Jonas each $120. Son, Nathan $75. To grandchildren (children of William), $120 to be dividered between, when of age, except Elizabeth. Grandchildren (children of John) $120 divided between the, when of age. Grandchildren (children of daughter Sarah) $120 when of age except the son who appears not to have common sense. Grandson, Joshua (son of son Jonas) $120 when 21." Executor - son Amos Witnesses - Joseph Lequear, Geroge Trout and Adam Bellis, Jr. Proved Nov 11, 1797 Lib 37, p. 171

This the will of Amariah Sutton b. 1/14/1729/30 d. (will proved) 10/17/1817 Loyalsock Twp, Lycoming Co, Pa.
In the name of God amen. I Amariah Sutton of the township of Loyalsock in the county of Lycoming and state of Pennsylvania, being weak in body but of a sound, disposing mind and memory, and being desirous to settle my worldly affairs do make and ordain this my last will and testament, hereby revoking and making void all former wills by me at any time made.
I bequeath to my wife Mary all my household furniture of every kind & description except such articles as I do hereafter otherwise dispose of and the use of two rooms on the lower floor of my dwelling house and one chamber in the second story at her option together with the use of the celle. Likewise the choice of one horse, two cows, two sheep, and two hogs. And of my stock I also give and devise unto her the third part of all the profits arising from my land for and during the term of her widowhood. Likewise the use of the house as aforesaid.
To my Grandson Amariah Sutton I give two horses and a waggon to enable him to work on the land which I live on.
I hereby nominate and appoint the Rev Kenny Lenhart and Aaron Hagerman, my son-in-law trustees to have and to hold all the residue of my real estate (except those parts here after devised to my daughter in trust and for the use of my son Amariah Sutton for and during the term natural life and I will that he shall remain upon the land as heretofore for said term and shall not clear any more land nor use any timber other than what may be needing for the benefit of the same if he commits to any waste or as contrary in any respect to this my will he shall forfit his interest in the property which may arise from the same. He shall also regularly deliver over to my wife her 1/3 part as above devised to her and in case of mismanagement on the part of my said grandson or forfiet of his interest as for the causes and reasons hereafter before specified thenand in that case my Trustees shall have full power and authority to act as may to them appear most conducive to answer my will. Applying the profits to which he entitled under this my will to his use for the term.
I give and bequeath to my son Isaiah Sutton the sum of ten dollars and all my wearing apparell of every kind.
To my greatgrandson Ared Sutton I do hereby devise all my real estate except those parts given to my daughters by which I mean that the legal title to the same shall be to him immediatley on my decease. Although the profits arising from the same for the terms and on the conditions afore shall be applied. I likewise bequeath unto him my rifle, 4 books.
To my daughter Esnath Hagerman I devise the field now occupied by Joseph Williams on the south side of the great road leading from Williamsport to Newberry adjoining the same as the tract belonging to the heirs of John Rose dec. Also the the field on the north side of said road adjoining the same & the orchard ...bounded by the said as at present laid out...thence along the line between my land and that of Isacc Lyon, thence to land granted by me to Amariah Williams. Also I give her 2/3 of the money arising from the sale of the residue of my personal property not disposed of by my will. Provided there shall be suffiecient in the hands of my Executors to all necessary expenses encurred in the settlement of my estate.
And the remaining 1/3 I bequeath to my grand daughter Patty Walton. To Lucy ?? me bed and the necessary bedding and a spinning wheel.
It is my will that if any of the above devised shall institute a suit or suits in law for the prupose of destroying this my last will and testament that he, she or they shall forfiet all the interest which they might have under the same.
I do hereby also name and appoint the Rev Henry Lenhart and Aaron Hagerman my executors and my wife Mary my executrix to carry this my will and testament into effect. I do hereto fore set my hand and seal the elenventh day of November One thousand and eight hundred and sixteen. Amariah Sutton

Last Will and Testament of Stephen Sutton I, Stephen Sutton of the Co of Hamilton in the state of OH do make and publish this my last will and testament in manner and form following that is to say,
FIRST, it is my will that my just debts and funeral expenses be fully paid.
SECOND, I give advise and bequeath to my beloved wife Deborah Sutton the whole amount to which she would have been entitled to if this my will had not been made to use the same in a proper manner for her comfort and convenance for and during her natural life and at her death should there be any remaining to be equally divided among my sons and daughters.
THIRD, It is my will that my son Tingley Sutton on the payment of $75 to my estate shall have a deed in fee simple for the house and lot in Newtown on which he now resides and should the said Tingley find it inconvenient to pay the forementioned sum he may receipt to my executors for the same in part of his legacy should he refuse or neglect to do either then same house and lot to be equally divided among my children as hereinafter provided.
FOURTH, I give, bequeath and advise to grandson Stephen Stewart, son of my daughter Elizabeth the sum of $150.
FIFTH, I give to my granddaughters Hannah and Sarah Stewart, daughters of my daughter Elizabeth the sum of $50 each said sums to be paid to each of them that is to say, Stephen, Hannah, Sarah Stewart, on their arrival of age, otherwise when the said Stephen Stewart shall arrive at the age of twentyone years, and the said Hannah and Sarah Stewart when they shall have arrived at the age of eighteen years respectively.
SIXTH, I give, bequeath and advise the residue of my estate both real and personal, I give to my sons and daughters, Tingley Sutton, John Sutton, Hannah Sutton (now Hannah Mears), Stephen Sutton, Nancy Sutton (now Nancy Anderson), Harvey Sutton and Harriet Sutton, to be equally divided between them, on share and share alike, to them and their heirs forever,
and lastly, I hereby constitute and appoint my friend and neighbor, Stephen D Williamson and John H. Gerard, Executors of this my last will and testament, revoking and annulling all others, and satisfying and confirming the same.
In testimony, I have hereunto set my hand and seal this 1st day of June, AD 1839. Stephen Sutton
Signed, published and declared by the above Stephen Sutton as and for his last will and testament in presence of us, who at his request have signed as witness to the same. James Gallagher, Southwell Royce
Will probated and admitted to record 10/5/1846
Common Pleas action.
Plaintiffs: Tingley Sutton, Stephen J. Sutton, William E. Mears and Hannah Mears, his wife versus Defendants: Deborah Sutton, widow, Harvey Sutton, Harriet Sutton, Mary Todd and Todd, her husband, grandchildren; George K. Sutton, Adeline Sutton, Harriet Sutton, and Samuel Sutton, children and heir-at-law of John Sutton, deceased.
4/6/1847: Petition for partition filed.
6/30/1847: Partition ordered.
7/14/1847: Order of Partition issued.
7/29/1847: Return of commissioners.
11/19/1847: Partition confirmed:
Lot 1, 14 acres, to Stephen Sutton
Lot 2, 13 1/2 acres, to Tingley Sutton
Lot 3, 14 1/2 acres, to Harvey Sutton
Lot 4, 10 acres, to children of John Sutton
Lot 5, 14 acres, to William E. and Hannah Mears
Lot 6, 14 acres, to Harriet Sutton
Lot 7, 14 79/100 acres, to Deborah Sutton, widow as her dower. (State of OH, Hamilton Co, Court of Common Please, Hamilton Div. Will Book 10, p29, Probated 10/5/1846)

LAST WILL AND TESTAMENT OF BENJAMIN SUTTON, SR
In the name of God, Amen. I, Benjamin Sutton, Sr., of Lenior County, and State of North Carolina, being of sound mind and disposing memory but calling to mind the uncertainty of death, do make, ordain and establish this my last will and testament in manner and form following,
viz.: That is after my death for my body to be buried in a decent manner and my funeral expenses and just debts be paid according to law, by my executor hereinafter named.
Item 1. My will and desire is that the marriage settlement between my wife ELIZABETH SUTTON and myself shall stand without any ammendments, as agreed upon by us as reference to said paper writing will fully show.
Item 2. I give and bequeath unto my daughter NANCY DAILY, WIFE OF GEORGE DAILY, to her and her heirs forever, the following named negro slaves, viz.: Lettis, Mill, Mariah, Bob, Jenny, Hester, and all their increase, and also all the other property I have heretofore given, which she has in her possession.
Item 3. I give and bequeath unto my son DANIEL SUTTON and his heirs forever, one certain tract of land; Beginning at a dead pine on the dividing branch and runs North 176 poles to a stake, then South 73, East 41 poles to a stake, then North 365 poles to a stake, then West 65 poles to a stake, then South 348 poles to a sweetgum, then West 53 poles to a stake, then South 150 poles to a huckleberry on the run of the dividing branch, then down and with the run of said branch to the beginning, containing two hundred and thirty-six acres more or less, and all the other property I have heretofore given him, which is now in his possession.
Item 4. I give and bequeath unto my son WM. SUTTON and his heirs forever one tract of land which that I bought of Alfred Ellis on the South side of Neuse River which said tract of land I have heretofore given William a deed for; also on this day William's own note for Seven Hundred and Thirty-Five Dollars together with all the other property which I have heretofore put him in possession to him and his heirs forever.
Item 5. I give and bequeath unto my daughter SARAH BIZZELL, WIFE OF JOHN J. BIZZELL and her heirs forever the following named negro slaves and their increase, viz.: Isaac, Mariah, James, Jess, Eveline and Abram and all the other property which I have heretofore given her, which she has in her possession.
Item 6. I give and bequeath unto my daughter CHLOE M. PARKS, WIFE OF JOHN PARKS, and her heirs forever, the following named negro slaves, viz.: Needham and Amanda, also, five hundred dollars, which sum I have already paid her, and all the other property I have given her, which she has now in her possession except the negro girl Amanda.
Item 7. I give and bequeath unto my son THOMAS SUTTON and his heirs forever one tract of land known as the upper part of the lands I bought of Jesse Pipkin lying in Wayne County; Beginning at a huckleberry tree on the run of the dividing branch, my son Daniel Sutton's corner of the lands I gave him, and runs with his line North 150 poles to a stake, then East 53 poles to sweetgum, then North 348 poles to a stake, then West 81 poles to a stake, then South 258 poles to two water oaks, then South West about 100 poles to the run of the dividing branch, then down and with said run to beginning containing two hundred eighty five acres more or less, and all the other property which I have heretofore put him in possession.
Item 8. I give and bequeath unto my two grandsons THOMAS H. and WM. H. SUTTON, children of deceased son Daniel (should have read HENRY) SUTTON, two thousand dollars to be equally divided between to them and their heirs forever.
Item 9. I give and bequeath unto NANCY SUTTON, widow of my deceased son, HENRY SUTTON, five hundred dollars to her and her heirs forever.
Item 10. I give and bequeath unto my daughter MARY HINES, WIFE OF IRA D. HINES and her heirs forever, two negro slaves viz.: Jenny and Florence, and all their future increase, one bed, bedstead & furniture which she now has in her possession.
Item 11. I give and bequeath unto my daughter WINNEFRED J. FIELDS, WIFE OF ELIJAH FIELDS and her heirs forever, two negro slaves viz.: Mariah & Hardy, and all their increase, one bed, bedstead & furniture and two cows & calves.
Item 12. I give and bequeath unto my sons ALEXANDER SUTTON and FREDERICK SUTTON the whole of my tract of land to be equally divided between them, which tract of land I bought from Worry Kilpatrick said land is on the South side of Neuse River, and on each side of Moseley's Creek adjoining the lands of Worry Kilpatrick and others containing about 600 acres more or less to them and their heirs forever. Also two beds & furniture, two horses, four cows & calves, four sows & pigs, to be equally divided between them.
Item 13. I give and bequeath unto BENJ. H. SUTTON, ALLEN W. SUTTON, GEORGE L. SUTTON, JENNETT SUTTON, ISAAC E. SUTTON, LOUISA R. SUTTON and JAMES B. SUTTON all my lands not heretofore given away to be equally divided between them, and their heirs forever. Also the whole of the negro slaves not heretofore disposed of except old Jenny, to be equally divided between the above named seven children share and share alike to them and their heirs forever. Also the sum of five hundred dollars not otherwise disposed of to be retained by my son THOMAS SUTTON for the support and maintenance of old negro Jenny during her life.
Item 14. I desire as soon as practicable after my death that my hereinafter named Executors do make sale on a credit of six months of all my crop, stock, "grate" house & kitchen furniture, and everthing not heretofore disposed of, and the money arising from said sales after paying all the legacies expressed in this my will, together with all the debts which may be due me at my death and money in hand if there should be anything over to equally divided among my seven youngest children, except ISAAC ELI SUTTON, must have five hundred dollars more than the other six named children on account of his lameness.
Item 15. And lastly I hereby nominate and appoint my two sons WM. SUTTON and THOMAS SUTTON my true and lawful executors to this my last will and testament utterly revoking and forever disannulling all other will or wills by me heretofore made,
In witness whereof I have heretofore set my hand and seal this 13th August 1863.
Allen W. Wooten, Benj. Sutton, Sr. (Seal)
A.W. Barwick
North Carolina Lenior County Court September Term 1864
Whereas the foregoing paper writing purporting to be the last will and testament of Benj. Sutton, Sr., dec'd is exhibited for probate in open court, by WILLIAM SUTTON one of the Executors therein named, and the due execution thereof by the said Benj. Sutton, Sr,. is proved by the oath and examination of Allen W. Wooten and A. W. Barwick the subscribing witnesses thereto. It is therefore considered by the Court that the said paper writing and every part thereof is the last will and testament of the said Benj. Sutton, Sr., and the same is ordered to be recorded and filed. And thereupon the said WILLIAM SUTTON, Executor, as aforesaid, duly qualified as such by taking the oath required by law. And in obedience to the Stay-Law enters into bond in the sum of one hundred and twenty thousand dollars with Thomas J. Kennedy and Lewis C. Desmond as sureties. Bond given and approved.
N. Hunter C.C.C. - Enrolled in the clerk's office of Lenior County Nov 4, 1864 at Rogers Store Wake County, N. C.
N. Hunter, C.C.C. - State of North Carolina, Lenior County.
I, Wm. W.N. Hunter, Clerk of the Superior Court and Probate Judge of Lenior County, hereby certify that the foregoing is a true copy of the last Will and Testament of Benj. Sutton, Sr., dec'd, as found on record in this office.
Witness my hand and official seal the 13th day of January, 1873.
SEAL
Wm. W.N. Hunter, Clerk and Judge
NORTH CAROLINA, WAYNE COUNTY
The foregoing certificate of Wm. W.N. Hunter, C.S.C. (signed)
of _____Lenior_____ County, is adjudged to be correct. Let the instrument, with the Certificate be registered. Witness my hand this ___ day of ____July_____1915______.
J.B. Hooks (Signed), Clerk Superior Court
(Recorded in RECORD OF WILLS, Book 4 Page 41, Wayne County Clerk of Court Office.)


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