Person:John Hinton (10)

Will of John Hinton

In the name of God Amen, I John Hinton, Senr. of Wake County and State of North Carolina, being of a sound mind and disposing memory, tho in low state of Health, and knowing that it is appointed for all men once to die, do make constitute & ordain this my last Will and Testament in manner and form following:

Imprimis, It is my earnest will & desire that my Wife Grizeal Hinton shall after my death have the sole use and occupation of all my Estate Real and personal that I shall be possessed of at that time, during her natural life and no longer; and after here decease to be disposed of in the following manner, and that no Legacies be paid in money unless by the consent of my Wife, till her Death--

Item, I give and bequeath to my son John Hinton all the lands lying above Farmer's Creek that I am possessed of, to him, and his Heirs and assignees forever--And that my said Son John Hinton may enter upon, and take possession of said Land whenever he pleases--

Item, I give and bequeath to my Son James Hinton Ten pounds current money of the State of North Carolina--

Item, I give and bequeath to my Daughter Sarah Bryant Wife of Needham Bryrant a Negro fellow called Abraham or to her heirs and assignees forever--To receive him at my Death.

Item, I give and bequeath to my Daughter Mary Lane Wife of Joel Lane ten pounds current money of the State of North Carolina.

Item, I give and Bequeath to my Daughter Alice James wife of John James ten pounds current money of the State of North Carolina.

Item, I give and bequeath to my Daughter Elizabeth James wife of Thomas James ten pounds current money of the State of North Carolina.

Item, The land that I have in Johnston County I leave to be sold by my Executors, to discharge the aforesaid Legacies of ten pounds, that is to say not to be sold without my Wife's consent--

Item, I give and Bequeath all the remainder of my Estate Real & personal to my two Sons Kimbro and David Hinton; the Land equally to be divided between them by a dividing line' no regard being had to the quality of the Land, but to the number of acres, An East and West Course to be the dividing line-- The lower part to my son Kimbro with the Manor Plantation-- The upper part to my son David Hinton-- To them and to their heirs & Assigns forever-- Also my Personal Estate to be equally divided between the said David and Kimbro after their mother's death as before mentioned-- But in case on or both of my two last mentioned sons should die without issue (viz Kimbro and David), that the Lands that I have devised to them to be equally divided among all my surviving sons in fee simple-- And the personal Estate of the aforesaid Kimbro & David Hinton should one or both die without issue to be divided in equal proportion among all my Daughters then living-- of him that died--

Item, I constitute and appoint my Son John Hinton and James Hinton sole executors to this my last Will and Testament Revoking by this will all my former Wills and Testaments whatsoever--

Lastly, it is my Will and desire that should my wife die before my sons Kimbro and David Hinton arrive at the years of discretion to manage for themselves, that the lands not to be rented and negroes hired out, but to remain upon the plantation and work the Land for the Benefit of my said two Sons viz Kimbro and David Hinton-- In witness whereof I have hereunto subscribed my name and affixed my seal this 9th of January A. D. 1784

(signed) John Hinton (Seal.)

In presence of: John Boutin, Thomas Gay (Jurat), Mary (her X mark) Powell (Jurat)

Note, before signing we observed the interlineations of -- all of him that died--David & Kimbro--

JNO. BOUTIN,

THOMAS GAY,

MARY (her X mark) POWELL

Biography of John Hinton

From "Biographical History of North Carolina, Vol. 3 (1906):

Of all the patriots who lived in Wake County during the Revolution, probably the most distinguished, both as a soldier and statesman, was Colonel John Hinton, who was native of the precinct of Chowan, where his father, also named John Hinton, resided, his home being in that part of Cowan which is now Gates County.

It was about the year 1750 that John Hinton, then in the prime vigor of manhood, first came to Johnston County. The part of Johnston in which he settled was severed in 1771, and (with parts of the counties of Orange and Cumberland) erected into the county of Wake. In 1768, when the trouble with the Regulators was in its early stages, John Hinton, then a major of Johnston County troops, went to Hillsboro to confer with Governor Tryon as to the best means of quieting the disturbances. The efforts to quell the insurrection by peaceable means having failed, Tryon raised an army in the spring of 1771, and after scattering the Regulators at the battle of Alamance on may16th, put an end to the revolt. In Tryon's army Hinton was one of the most trusted officers, being colonel of the Wake County detachment, and he behaved with distinguished bravery in the battle.

In the war of the Revolution Colonel Hinton's efforts in the cause of colonies began early. He represented Wake County in the second independent Provincial Congress of North Carolina, which met at New-Bern on the 3rd of April, 1775. At Hillsboro, in the following August, he sat in another congress of the like character. On September 9th the Hillsboro Congress elected him colonel of the troops of Wake County and member of the Committee of Safety for the Hillsboro District, of which district Wake formed a part. In the Provincial Congress at Halifax, in April, 1776, he was once more a delegate. He was also a justice of the Court of Pleas and Quarter sessions for Wake County.

At the battle of Moore's Creek Bridge, on February 27th, 1776, Colonel Hinton was present, and there the same courageous spirit marked his conduct as at Alamance.

The death of Colonel Hinton occurred in the spring of 1784. His wife was Grizelle Kimbrough, and by her he left many descendants. In the South Atlantic Quarterly Durham, North Carolina) for April, 1902, there is an account of the life of Colonel Hinton written by Miss Mary Hilliard Hinton, one of his descendants. In that sketch will be found many interesting incidences in his life and career, an account of his family and also a list of his children. Two of his sons were Revolutionary officers.

Information on Col. John Hinton

From "The North Carolina Historical and Genealogical Register", Volume 1, by Hathaway:

Col. John Hinton of St. Margaret's Parish, County of Wake, Province of Xorth Carolina, was the son of Col. John Hinton of Chowan Precinct. He is spoken of in the State Records as Col. John Hinton, Sr. He settled near Neuse River on the eastern side about five miles from Raleigh. He took up several thoiisand acres of land in Earl Granville's office. He died in the Spring of 1784 in Wake County. His wife was Grizzell Kimbrough (daughter of Nathaniel I think). His will mentions the following children: (1) John of Clay Hill on the Neuse(married Pheribee Smith daughter of Smith, of Smithfield, "N. C., (2) James (married Delilah daughter of Theophilus Hunter), (3) Sarah (married Needham son of Col. Needham Bryan), (4) Mary (was the 2nd wife of Col. Joel Lane of Broombury), (5) Alice married John James, (6) Elizabeth married Thomas James, (7) Kimbrough, (8) Davad (of the Oaks, Wake Co.,) married Jane (daughter of Howell Lewis and wife Isabella Willis of Elmwood, Granville Co., K. C.), the last two were minors at the time of the death of their father, (9) Martha, 1st wife of Col. Joel Lane, is not mentioned in the will as she died prior to her father.