Joseph Hewes’ (1730-1779) Will

No Legacies Ever Paid Out

Source: ancestry.com

To my untrained eye, the hand that wrote this document appears to the one who signed ‘Joseph Hewes’ on the Declaration of Independence or at least, as it appears on the 1823 Stone Engraving of the Declaration of Independence which is more readable than the original signed document. My conclusion is that this is a digital copy of a will that was written out by Joseph Hewes himself.

Another transcript of this will can be found on p. 277 of Eben Putnam’s Joseph Hewes, the “ Signer”. I've used this transcript to check my own transcription. The only difference between my transcription and Putnam’s is that mine adheres to Hewes’ own punctuation and spelling and to his frequent use of the upper case to emphasize certain words.

In addition to the original it appears that Joseph Hewes himself made another copy of that will and is included here.

Source: Wills and Estate Papers (Chowan County), 1663-1978; Author: North Carolina. Division of Archives and History; Probate Place: Chowan, North Carolina

Also available at familysearch.org images 1696–1704

Original wills Bond, Sarah F. - Hoskins, Harriet W. Film # 1548453 Image Group # 7639860





















Transcription of Joseph Hewes’ Will



I, Joseph Hewes of Edenton in the State of North Carolina Merchant being in an ill State of health but of sound mind memory and understanding do make publish & declare this to be my last Will and Testament in manner and form following.

First My Will and desire is that all my personal Estate of every kind and whatsoever that is not Specifically given away by this Will, be sold immediately after my death either at public or private Sale for ready money or Credit at the discretion of my Executors and that all my Just debts be paid as soon as possible.

Secondly It is my Will and desire that the late Copartnership of Hewes & Smith and the present one of Hewes Smith & Allen be settled immediately after my death by selling off such Goods vessels and other Articles as may be on hand so that my Proportion of the said Copartnerships and such same as may be due to me from them or either of them may be drawn out in order to compleat the settlement of Estate as soon as possible.

Thirdly I give and bequeath to my dear Mother Providence Hewes One Thousand pounds to be paid to her as soon as it can be conveniently raised out of my estate, but if it shall so happen that she should die before me then my Will and desire is that the said Sum of One thousand pounds be divided Among my Brothers and Sisters and their Children share and share a like.

Fourthly. I give to my brother Josiah Hewes of the city of Phladelphia Merchant One Thousand pounds.

Fifthly I give to my Brother Aaron Hewes of the State of New Jersey One Thousand pounds.

Sixthly. My Will and desire is that if either of my Brothers Josiah or Aaron should die before me, the sum given to him so dying should be equally divided between & among the Children of my Brothers and Sisters share & share a like.

Seventhly. I give to my Brothers Josiah and Aaron in trust for the Support of my Sisters Sarah Allen and Mary Middleton and after their decease to be equally divided amonst their Children Two thousand pounds.

Eighthly I give and bequeath to my Nephew Nathaniel Allen Junior my Two Water Lotts Wharf and Ware Houses there on in the Town of Edenton being opposite to two Lotts distinguished by the Letters and Numbers D. 190 and E. 191 in the new plan of the said Town to him the said Nathaniel Allen Junior his heirs and assigns forever.

Ninthly I give to my said Nephew Nathaniel Allen Junior all my Household furniture, Plate, Jewels, Arms, Books and wearing apparel which at a moderate calculation may be estimated at Two Thousand five hundred pounds.

Tenthly I give to Joseph Hewes Gill, son of Captain John Gill and Hannah Gill of London in the Kingdom of Great Britain Five hundred pounds.

Eleventhly I give to Miss Helen Blair and Miss Peggy Blair daughters of George Blair Esquire deceased each One hundred & fifty pounds.

Twelvethly I give to my friend Archibald Correl Esquire as a small token of my regard Two hundred pounds.

Thirteenthly My Will and desire is that in case it should happen that my Estate should be reduced in any manner whatsoever so as not to amount to the Sums herein given away in Legacies that the said Legacies be paid in Proportion to the Value of my Estate.

Fourtheenthly It is also my Will and desire that if it should be found Necessary to sell my real Estate either to make divisions of it after payment of my debts & Legacies herein given, I say in that case it is my Will that the whole or any part of my real Estate be sold at the discretion of my Executors and my said Executors hereafter named or any Two of them are hereby authorised (sic) and impowered (sic) to make and execute proper deeds & conveyances for the same.

Fifteenth After the payment of all my Just debts and Legacies hereby bequeathed, I give and bequeath all the rest and residue of my Estate of what nature as kind soever or whereever the same shall be found to be equally divided between my Brother Josiah Hewes and my Nephew Nathaniel Allen Junior to them their heirs and assigns forever, but if it shall so happen that my Brother Josiah should die before me then my Will and desire is that the part which have gone to him should be equally divided between the Children of my Brother & sisters share and share a like.

Lastly I do hereby constitute and appoint my dear Brother Josiah Hewes of Philadelphia, my friends Samuel Johnston, James Iredell Charles Bond Sr. Walter Ferguson and my Nephew Nathaniel Allen Junior Executors of this my Last Will and Testament and my will and desire is that my said Executors or such of them as shall qualify and act shall be allowed the usual Commission of five per cent for their trouble and expense in transacting the business of my estate.

In Witness whereof I the said Testator have hereunto affixed my hand and Seal the Twelveth day of August in the year of our Lord One thousand Seven hundred and Seventy eight.