"In the name of God, Amen. The 12th day of February 1761. I, Thomas Avera late of Johnston Co., in the province of NC, planter being weak in body but in pefect mind and memory, thanks be to God for the same calling to mind the mortality of my body and tha it is appointed for all men once to die. I do make and ordain this my last will and testament. First of all I give my hands unto the hand of Almight God that gave it to me nothing doubting at the General resurection to receive it agin by the Mighty power of God and my body to the earth to be buried in a decent christian maner at the discrestion of my executors and for what worldly estate it has been pleased to bless me wich I dispose of in the following manner and form. Imprimis: I leave and bequeath to my beloved wife, Judith her third of half the of land dwell on during her life and one negro girl named Judith and one feather bed with a green ring and a pair of sheets and ten cows and calves, and one hhorse bridle and saddle and fifty pounds of currect money of the province to be raised out my estate. I leave and bequeath to my son, Alexander Avera one hundred acres of land where he now dwells to him and his heirs forever. I leave and bequeath to my son, Thomas Avera one piece of land where he now dwells containg about ninety acres to him and his heirs forever. I leave and bequeath to my beloved son, John Avera one half of the land I now live on , the part up the river to him and his heirs forever. I leave and bequeath to my sons William and Moses Avera one track of land south side of Neuse River containing two hundred and twenty five acres to be qually divded between them to their and heirs and assigns forever. I leave and bequeath to beloved son Isaac Avera, one half of the land I now live on with the plantation to him and his heirs forever. I bequeath to my beloved son Henry Avera forty pounds of current money of the aforsaid province to be levied out of my estate. I leave and bequeath to my blessed daughter Elizabeth Jones, twenty pounds of current money out of the proceeds to be levied out of my estate. I leava dn bequeath to my beloved daughter Mary Avera, forty pounds of current money out of the proceeds to be levied out of my estate. I likewise leave forty pounds of aforesaid money to the child of my of my wife Judith reared goes with to be levied out of my estate, but if it should die before it comes to maturity said money to be divided among the rest of my children. And the rest of my estate to be equally divided amongst the rest of my children and I do hereby constiture my beloved sons Alexander and Thomas Avera to be Executors of this my last Will and Testament. I do hereby revoke and disaunul and disallow all other and former wills and testament. This will and no other to be my last Will and Testament in witnesse here of I have signed, sealed and delivered my hand and seal." Witness: William Avera and Will Jones Thomas Avera had to make his mark as he could not write. The above transcription is of the entire original Will of thomas Avera, Sr., Ben Phillips

Ben, You may be interested to know that I posted my transcription of this same Will a couple of years ago. It is part of the Johnston Co NC Wills Forum. It can be found at: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/NC/JohnstonWill/11 I think that you might like to look at my version. I compare the original in the NC Archives Loose Wills Collection with the Court Copy and with Elizabeth Ross's Abstract. Unfortunately, Ross made an important error in her Abstract and the Court Copy and the Original differ on some points. You will see the comparisons that I made. I also annotated the Will to a certain degree based on my research in the Court Records having to do with settling of the Will and Estate and with the guardianship reports for several of the children including the unborn child, Arthur. I provided these annotations, because many have wrongly concluded that the William Avera who witnessed this Will was the son, William Avera, named in the Will. This could not be true because the son, William, was a young minor at the time the Will was signed. As a matter of legal practice and the usual age of witnesses. The witness William Avera is not the son William Avera. Beyond these comments, I would love to compare research information with you. You are obviously very interested in Thomas Avera, Sr, Testator of 1761. You might note that he refers to himself as Thomas Avera Senior in the Original. This line of Averas has been a major focus of my own research for several years now, although I only research this line from time to time now. Yours, Franklin Ingram, Raleigh, NC -----Original Message----- From: Ben Phillips [mailto:bphill7@bellsouth.net] Sent: Sunday, May 20, 2001 9:30 AM To: NCJOHNST-L@rootsweb.com Subject: [NCJOHNST] Will of Thomas Avera "In the name of God, Amen. The 12th day of February 1761. I, Thomas Avera late of Johnston Co., in the province of NC, planter being weak in body but in pefect mind and memory, thanks be to God for the same calling to mind the mortality of my body and tha it is appointed for all men once to die.