3

[5-13-1785]

Case.
The Testator died in 1749 without revoking or altering his Will or having signed or sealed any writing
directing the application of the Money to arise by Sale of the Plantations Negroes &c. leaving the said Margaret
Dukinfield his widow and two sons Nathaniel and Robert him Surviving, but Robert died in the year 1782
a Bachelor.

The Testators widow Margaret Dukinfield proved the will and since married a second Husband John
Pearson who died in the year 1775. The other Executors are both since dead without having taken upon themselves
the Execution of the Will.

Mr. Collett thinking he had no power under the will has never acted under the Trusts thereof.

The Testators widow went to Carolina in 1755 and on her arrival there in consequence of Mr. Collett's
refusal to act, administered to the will and has resided on the Plantation and received the Rents and Profits
thereof to the time of her decease.

The eldest son Nathaniel now Sir Nathaniel Dukinfield Baronet went to North Carolina and resided
two years with his Mother upon the Estate and in 1772 returned to England and purchased a Commission in
the British Dragoons and served therein during all the War And by an Act of Assembly of North Carolina
All persons mentioned therein by name were ordered to attend on a particular day and in default thereof
their Estates were confiscated and Sir Nathaniel Dukinfield being one of the persons included by name in such
Act of Assembly and not having appeared this Estate in North Carolina was under the said Act Confiscated
upon the presumption that it descended to Sir Nathaniel as Heir at Law to the Testator ^or that the devise was a resulting Trust in his favour^ but no Sale of
the Estate has been made and Mrs. Pearson was permitted and suffered quietly to enjoy the same to the time of
her decease which happened in December last.

Previous to the said Mrs. Pearson's decease namely on the 21st of December she made her will duly executed
and attested in manner following-

"Know all men by these presents that I Margaret Pearson of Dukinfield in the State of North Carolina
"Widow do make my last Will and Testament in manner and form following viz? I devise my Plantation
"called Dukinfield and all other Lands I am entitled to in this State and all my Estate and Interest in such
"Plantation and other Lands whether at Law or in equity to Cullen Pollok and Samuel Johnston Esquires
"their Heirs and Assigns for ever upon the Trusts herein after mentioned. I do also bequeath to the said Cullen
"Pollok and Samuel Johnston all my Negroes, and all other my personal property (except what is hereafter
"bequeathed) and all my Estate and Interest in such whether at Law or in equity upon the Trusts hereinafter
"mentioned. The Trusts upon which I have devised and bequeathed the abovementioned Estate both Real and
"personal are as follow (to wit) That the said Cullen Pollok and Samuel Johnston shall as soon as conveniently
"can be done sell and dispose of the said Estate both real and personal and out of the proceeds of the
"same that the said Samuel Johnston shall receive the Sum of Three Hundred pounds Sterling Money, which
"I request him to accept of as a Legacy from me, and that the said Cullen Pollok and Samuel Johnston,
"shall pay the remaining Sum arising from the said Sale to my dear Son Sir Nathaniel Dukinfield
"Baronet to be his absolutely and for ever, and in Case of his decease in my Life time to paid to his Executors
"or Administrators my said Trustees being intended to take the above Estate merely in Trust and not to
"take a beneficial Interest for themselves other than as above. I bequeath to my Grandson Samuel George
"Dukinfield the Legacy left me by my dear son Robert Dukinfield deceased. I request my Friend Mrs. Tredell
wife of Mr. James Tredell Attorney at Law to accept of my Watch which I have usually worn as a token of

3.