6

[5-13-1785]

Negroes on the Continent of America being a personal Estate and the Testator having devised
all his Plantations Negroes and Estate of what kind or nature soever situate in North Carolina Upon
Trust to sell and dispose of the said Estate both real and personal and apply the purchase Money to
such _ _ _ _ _ _ _ _ person as he by any writing should direct or appoint And then gave and devised all his
Leasehold Estate and also all the Residue of his personal Estate to Mrs. Pearson -

Question - Whether the Negroes and Estates of what nature or kind soever
descend under the Devise of the Plantations Negroes &c. for the benefit of the
heir at Law? Or will the Testator be considered as dead Intestate as to that
part of his Estate (he having made no writing directing the Application of
the Money to arise by Sale thereof) and will the same be distributable --
according to the Statute of distribution? Or under the residuary Clause
go to the Testators Widow?

Most undoubtedly so much as was personal property at the Time of the Testators
Death passed to the Widow under the residuary Clause Whether the real property
did or not.

John Madocks
[illegible ??] 13. May 1785

5.