THE LEARY FAMILY OF NORTH CAROLINA


    Because of how the family wills run in the Leary family in presenting this family line I will begin with the known older generations first. And that first generation wherewith I start is that of Cornelius Leary, born in Ireland and his wife Mary Bentley the descendant of William Bentley I of Virginia from England as so presented upon the Bentely page.


Pedigree Outline of the Family of Cornelius Leary and Mary Bentley



                                          Cornelius Leary/(Lery)^ =    Mary Bentley
                                          b 1650                  |    b 29 Aug 1662
                                            Ireland               |      Eliza. Cty. VA
                                          m 28 Aug 1679           |
                                            Berk Alb NC           |
                                          d 4 March 1692          |    d aft 1719*
                                            Chowan NC             |
             _____________________________________________________|___________________________
            |                        |                    |                |                  |  
      Richard Leary         Cornelius Leary Jr.    Richard Leary    William Leary     Elizabeth Leary
      b 8 Dec 1680          b 20 Jul 1682          b 16 Jan 1685    b 1687            b 22 Jun 1689
        Berk Alb Nc           Betk Alb NC            NC
                                                   m 6 Jan 1709

                                                   = Sarah Long
     d bef 1685                                    d 20 Apr 1738



sources: N.C. Hist. & Gen. Register by Hathaway
         Old Albemarle Co., Perq. Prec., N.C. Court Minutes
         @http://familytreemaker.genealogy.com/users/b/e/n/Allan-L-Bentley/GENE6-0004.html
^ son of an Enoch Leary/Lery?


Cornelius Leary of Ireland would have likely been a part of that immagrant group of Scotch, Irish and German which the Lords Proprietors of North carolina processed out of England to come to settle the new North Carolina lands establised by the charters of 1663 and 1665.


Family of Richard Leary and Sarah Long


                                          Richard Leary/Lery    =    Sarah (Susan) Long
                                          b 16 Jan 1685         |    b 28 Jan 1692     
                                            NC                  |      NC
                                          m 6 Jan 1709          | 
                                            Perq. Alb. NC       |
                                          d 20 Apr 1738         |
    ____________________________________________________________|________________________________________________
   |             |                   |                     |                  |                |                 | 
   |   Cornelius Leary      Thomas Leary         Richard Leary       Rebecak Leary     John Leary      James Leary (twin)
   |   b 21 May 1710        b 12 Apr 1712        b 28 Feb 1714       b a1716/1720      b 2 Sep 1718    b 17 Oct 1721
   |     Perq. Alb. NC        Perq. Alb. NC        Perq. Alb. NC       Perq. Alb. NC     Perq Alb. NC    Perq. Alb. NC
   |                        m 1739               m 15 Mar 1756   
   |                          NC                   NC
   |                        = Elizabeth Worley   = Mrs. Sarah Long
   |  d 30 Mar 1742         d 5 Feb 1780         d 1757
   |    NC                    NC                   NC
   |________________________________________________________
            |                       |                       |
     Sarah Leary (twin)     William Leary (twin)      Mary Leary (twin)
     b 17 Oct 1721          b 29 Aug 1724             b 29 Aug 1724
       Perq. Alb. NC          Perq. Alb. NC             Perq. Alb. NC
                                                      m

                                                      =  James Luten
                                                      d 31 Jan 1755
                                                        NC


Sources:  IGI
          @http://familytreemaker.genealogy.com/users/b/e/n/Allan-L-Bentley/GENE6-0004.html
          Will of Richard Leary (transcription below)

Will of Richard Leary - 20 April 1738


LEARY, RICHARD
Secretary of State
Colony of North Carolina
Tyrrell County
Dated 20 April 1738

________________________________________
In the name of God Amen I Richard Leary of ye Precinct of Tyrrel in ye province aforesd being sick & weak in body but in sound & perfect mind & memory thanks be to Almighty God for ye same & calling to mind ye uncertainly of this transitory life & yt it is ordained for all men once to dye do make this my Last Will & Testament in manner & form following. First & principally I comend my Soul into ye hands of Almighty God who gave it, hopeing through ye merrits of Jesus Christ my redemer to receive pardon for all ye sins I have committed; and my Body to ye Earth from whence it was taken to be decently burryed at ye discretion of my Executors hereafter to be named; And as to what worldly goods it hath pleased Almighty God to bestow on me I give & bequeath in manner & form following.

Imprimis - I give & bequeath to my son Cornelius Leary ye lower part of the tract of land whereon I now dwell to be devided by a line of marked trees beginning at the upper Cypress of the two Cypress's standing in the edge of the water of ye sound by ye ditch so to run a parrelell line with ye eastermost side line to the head of the Tract.

Item - I give & bequeath to my loving wife Sarah the other or upper part of ye tract of land whereon I now dwele being ye plantation par dureing ye time of her naturale life & at her deceass I give & bequeath ye aforesd. part of the land & plantation given to my wife as aforesd. unto my son James Leary to him & his heirs forever, be ye same three hundred acres more or less, and further if it should so happen yt my son Conrelious Leary should dye without issue lawfully begotten & that ye lower part of ye sd. Land given to my son Cornelious Leary should not be disposed by him in his lifetime then & in such case my will is that part of ye sd. land be & remain unto my son James Leary & his heirs forever.

Item - I give & bequeath unto my son John Leary one hundred acres of land be ye same more or less being a tract commonly known or called by ye name of Chinequpine Ridge to him & his heirs forever and likewise my youngest mare.

Item - I give & bequeath unto my son Thomas Leary one new Bugy to be purchased by my Executors hereafter named out of the profits of my Estate as my Executors shale have opportunity.

Item - I give & bequeath unto my son Richard Leary one adzs, one drawing knife & one hand saw being tools yt. were part of the Estate I had by my wife.

Item - I give & bequeath unto my three daughters Sarah Leary, Mary Leary & Rebeckah Leary to each & every one of them one feather bed, one pewter dish one pewter bason & one pewter plate ot be delivered to them by my Executors when they shale respectively become of age or on ye day of marryage which shale first happen.

Item - I give & bequeath unto my loving wife Sarah Leary my two riding horses & all my stock of sheep to her own use to be disposed of as she thinks proper.

Item - It is my will yt. all ye rest & residue of my Estate be & remain unto ye use of my loveing wife Sarah & yt. she have use & occupation thereof during her natural life & at her decease Igive & bequeath ye same to be equally devided between my three sons Cornelious Leary, John Leary & James Leary

Lastly - (............unable to read most of one line...........) ...nominate and appoint my loving wife Sarah Leary Executrix and my son Cornelious Leary Executor of this my last will & Testament who I desire to see this my will executed & all my lawfull debts paid, hereby revoking & makeing null & void all other & former wills by me heretofore made. In witness whereof I have hereunto put my hand & seale this twentyeth day of April 1738.

Richard Leary

Signed, Sealed, published &
Declared to be my last Will &
Testament in presence of
John Long
Elizabeth (her -E- mark) Long
Elizabeth (her -x- mark) Long

In the presence of us
Anderson Sagg
John Brown
William (his -W- mark) Tetterten

________________________________________

Tyrrel Precinct

September the 5th 1738

This will of Richd. Leary Gent: was proved in open Curt according due form of law by the oath of John Long one of the subscribing Evidences.

Test Anderson Sagg Clerk Court ________________________________________

September the 5th 1738

This may certifie that this Erazement was duly proved to be done by the orders of Richd Leary the day before he died by the oath of Anderson Sagg and William Tetterton two of the subscribing Evidences.

Test Anderson Sagg Clerk Court



Will of Cornelius Leary - 30 March 1742
Son of Richard Leary and Sarah Long


LEARY, CORNELIUS
Secretary of State
Colony of North Carolina
Tyrrell County
Dated 30 March 1742
________________________________________
In the name of God Amen I Cornelius Leary in the County of Tyrell and Province of sd being sick and weak body but in sound and perfect mind and memory thanks be to Almighty God for ye same and caling to mind the uncertenty of this Tranestory Life and that ordained for all men once to dye do make this my Last Will and Testament manner and form follwing. First & Principaly I commend my Soul into the hand of Almighty God who gave it hoping through ye merits of Jesus Christ my Redemer to receive pardon for all the sins I have committed and my body to ye Earth from whence it was taken to be decently buried at ye descretion of my Executor hereafter to be named and as to what worldly goods it hath pleased Almighty God to bestow on me I give and bequeath in manner and form following

Item - I give and bequeath unto my two youngest brouthers John Leary and James Leary at my mother decess the third part of this Estate of my Father Richard Leary which my father gave me by will at my mothers decess I give and bequeath ye same to be equaly divided between my two brouthers John Leary and James Leary.

Item - I give and bequeath unto my three sisters Sarah & Mary and Rebuhak Leary to each of them a yoo.

Item - I give and bequeath to my Brouther James Leary my Gun and a two year old heffer.

Item - My will and desior is that my mother Sarah Leary should have the whole binnefit of my stock of cattle during her lifetime

Item - I give and bequeath to my Brother John Leary all the rest and residue of my Estate whrever to be found togeather with my waring Cloas.

Lastly - I herby constitute nomenate and appoint my Broather John Leary hole and sole executor of this my Last will and testament who I desiar to ___ this my Last Will executed and all my lawful debts paid herby revoking and making null and void all other and former wills by me herto fore made. In witness wherof I have st my hand this 30th day of March 1742.

Cornelius Leary
Richd Leary
James (his -x- mark) Sutten
________________________________________
Sept. Court Anno Domi 1742
Present the worshipfull Court
This may certifie that the within will of Conelius Leary is duly proved by the oaths of Richard Leary and James Sutton subscribing evidences thereto
Test __ Downing CC



Family of Thomas Leary and Elizabeth Worley


                                            Thomas Leary      =     Elizabeth Worley
                                            b 12 Apr 1712     |     b a1717
                                              Perq. Alb. NC   |       of Tyrrell NC
                                            m a1737           |
                                                              |
                                            d 1780            |
                                            wd 5 Feb 1780     |
                                               Tyrrell NC     |
                                                ______________|__________________________
                                               |                 |                       |
                                        Penelope Leary      Joshua Leary        'Bettworley' Leary*
                                        b a1740             b a1742             b a1738
                                          Tyrrell NC          Tyrrell NC          Tyrrell NC
                                        m                   m                   m 24 Aug 1756
                                       
                                        = Mr. Penrice       = ?Kezia Swain*     = Argill/Argile Simons


sources GS 4958 p. 195 - Will of Thomas Leary (see transcription below)
        GS Archive Family Group Sheet of John Worley & Hester Blount
        CFI/IGI Family information with some temple dates
        will of John Worley
        @http://familytreemaker.genealogy.com/users/b/e/n/Allan-L-Bentley/GENE6-0004.html
        @http://familytreemaker.genealogy.com/users/b/e/n/Allan-L-Bentley/GENE6-0005/6.html
        * Bettworley (Beth(Elizabeth Worley Leary) [daughter of Thos. Leary] married Argile Simons 
          24 Aug 1756/Tyrrel Marriages.


Will of Thomas Leary -
Son of Richard Leary and Sarah Long


LEARY, THOMAS

State of North Carolina
Tyrrell County
Book 1, page 111
Dated 5 February 1780

________________________________________

In the name of God amen: I Thomas Leary of the County of Tyrrel in the Province of North Carolina being sick in body but of sound and disposing mind and memory praised be the Almighty and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament in the manner following -

First - I give and recommend my soul into the hands of God my Maker and my body to be buried in a Christian like and decent manner at the discretion of my Executors, and as for such worldly goods as it hath pleased God to bestow upon me, I give and dispose of the same in the manner and form following Viz:

First - I give and bequeath unto my grandson Thomas Simons my negro fellow Nero to him and his heirs forever -

Item - I give to my daughter Penelope Penrice one bed.

Item - I give to my grandson Thomas Penrice my negro girl Chat to him and his heirs forever -

Item- I give the use of my negro boy Michail to my grandson Thomas Leary and at his death I give the said negro boy Michail to my son Joshua Leary and his heirs forever -

Item - I give and bequeath to Argill Simons one shilling sterling.

Item - I give and bequeath to my son Joshua Leary all the remainder of my Estate of negroes land horses, hogs cattle and sheep household goods and utensils and all other of my whole Estate of what nature or kind soever, to him the said Joshua Leary and his heirs forever and I do hereby nominate and appoint my said son Joshua Leary and my two friends James Long and John Swain Esqr. Executors to this my last Will and Testament and I do hereby utterly revoke and disannull all former and other Wills by me made hereby ratifying and allowing this to be my last Will and Testament In testamony whereof I have sign'd seald and publish'd this as my last Will and Testament this fifth day of February Anno Domini one thousand seven hundred and eighty.

Thomas (his -x- mark) Leary

Sign'd Seal'd Publish'd and
Pronounced and declaired by
the said Thomas Leary as his
last Will and Testament in the
presence of

James Long
Robt. Davison
Nicholas (his -x- mark) Gilbert


Family of Joshua Leary and ?Kezia Swain


                                        Joshua Leary     =     ?Kezia Swain*
                                        b a1742          |
                                          Tyrrell NC     |
                                        m                |
                                                         |
                                                         |
             ____________________________________________|___________________ _ _ _ _ _ _ _ _
            |                      |                       |                |                ?
      Thomas Leary    Elizabeth Worley Leary**    Mourning Leary     Frederick Leary    Enoch Leary
                                                                                        b a1765

                      m 30 April 1794             m 15 Dec 1787                         m 27 Apr 1790
                        Tyrrell NC                  Tyrrell                               Tyrrell NC 
                      = Henry Swanner             = Jesse Hassell                       = Gilley Gray^
                                                  m 2nd Mr. McDowell                    |
                                                                                        o Sally Leary

sources:  @http://familytreemaker.genealogy.com/users/b/e/n/Allan-L-Bentley/GENE6-0011.html#CHILD14
          Marriage record of Henry Swanner and Elizabeth Worley Leary
Sources:  Marriage bonds of Elizabeth Worley Leary to Henry Swanner and Mourning Leary to Jesse Hassell
          both have Joshua Leary as the bondsman, usually a relative, often the father or a brother.
          - Leary, Elizabeth Worley Swanner, Henry  30 Apr 1794  Joshua Leary;
            (w) Saml. Chesson, clk.  
          - Leary, Mourning  Hassell, Jesse  15 Dec 1787  Joshua Leary;
            (w) T. Mackey, clk.  
source: *Suggested wife of time frame by another researcher as there is a Kezia Learey (Swain)
         daughter of John & Elizabeth Swain
** With his sister 'Bettworley' [Bett/Beth=Elizabeth Worley Leary Simons] dec'd, Joshua named his daughter
after his sister. And it is this daughter of Joshua Leary who married Henry Swanner, 30 April 1794.
^ Gilley Gray daughter of Godfrey Gray and Resina Blount. Godfrey Gray is son of Henry Gray and Resina Blount is 
daughter of John Blount

Will of John Swain


SWAIN, JOHN North Carolina Tyrrell County Book 1, page 62 8 February 1765 In the name of God amen: I John Swain Senr. of the County of Tyrrel in the province of North Carolina being sick in body but of sound and desposing mind and memory praised be the Almighty do make and ordain this my last Will and Testament in manner following Viz: & first I recommend my soul to God my maker and as to such worldly goods as it hath pleased God to bless me I give and bequeath the same in manner Viz: First I give and bequeath unto my son John Swain all the eastermost part of my land whereon I now live beginning at the head of the glade at James Learys line and runing down the glade to Williames thickett then across the ridge as the fence goes to the back line and all my lands that is easterly of the said bounds to him and his heirs forever I also give and bequeath to my said son John Swain liberty of a road ten foot wide through my lands down to the river side and also twenty five feet square of land near the bankhead to build a house on to him and his heirs forever I also give and bequeath unto my said son John Swain my beed that I lye on one woosted rugg on pair of sheets one duck blankett and beesteed and cord one bolster and pillow one oval table and one large looking glass --- Item - I give and bequeath to my daughter Jemime one cow and calf. Item - I give and bequeath to my grand daughter Kezia Long one cow and calf and one young mare runng at the marked holly. Item - I give and bequeath unto my grand daughter Jemime Long one cow & calf. Item - I give and bequeath unto my daughter Kezia Learey one cow and calf. Item - I give and bequeath unto my daughter Easter Long one cow and calf. Item - I give and bequeath unto my daughter Precilla one shilling sterling. Item - I give and bequeath unto my daughter Hannah one shilling sterling. Item - I give and bequeath all my iron pots and all my pewter and my still to be equally divided between my two sons John and Joshua. Item - I give and bequeath all the residue of my lands to my son Joshua and the heirs of his body lawfully I begotten and for want of such heirs to my son John Swain and his heirs I also give and bequeath to my son Joshua all the residue and remander of my whole Estate of horses cattell and hogs household goods and utensels and all my other Estate of what nature or kind soever --- Item - I do hereby constitute and ordain and appoint my two sons John and Joshua Executors of this my last Will and Testament and I do hereby revoke and disannull all former and other Wills by me made. In testimany whereof I the said John Swain have signed sealed & published this my last Will and Testament this eight day of February Ammo Dom. 1765. John (his -x- mark) Swain Signed sealed and published in the presence of Thos Leary Henry Downing Joshua Leary Jurt.? [? This abbreviation is not readily know, but if mis-transcribed from a 'long-s', it may be 'Just.' and indicate that Joshua Leary was a 'Justice'.

Property Transaction Evidencing Some Misfortune


State of North Carolina, Washington County} Know all men by these present that I Thomas Walker high Sheriff of Aforesaid County for and in consideration of the Sum of Two Pounds ten Shillings Current Money of the State Aforesaid to me in hand paid by Samuel Chesson of the County Aforewsaid the Receipt whereof I do hereby Acknowledge have Sold Joshua Learys Right by Venture of an Execution to me Directed from the County Court of Washington at the Instance of Samuel Chesson Against Joshua Leary One peice of Land Situated in the Aforesaid County Bordered as Follows— Beginning at a White Oak on Branch on Middle Road Swamp Running thence North 50 East ye ?pole to a ?Pine thence as West 40 Pole to a White Oak thence North ?20 East 100 pole to a White Oak in Swains Line and John Worleys Corner tree then North 10 East 107 Pole to a Whilte Oak another of John Worleys corner Trees thence North 80 West 180 poles to a Branch in Middle Road Swamp thence along the various ????? of the Swamp South 18 West 150 poles to the first ?ation containint one hundred acres of Land unto the said Samuel Chesson his Heirs and Assigns for ever—Said Land being Legally Advertised and Sd Chesson being the highest bidder. In Witness whereof I have hereunto Set my hand and Seal this 21st day of Marcy 1803.

John Garrett

                                             Thos Walker (Seal)

Washington County} The written Deed of ???? of Land from Thos March Term 1803. Tomas Walker high Sheriff unto Samuel Chesson Esquire was Acknowledged in Open Court by the said Thomas Walker and on Motion Ordered Registered

                                             T?? Mr Byrd 6th?

Registered the 27th day of May 1803.                                              Jams Jones Register