Tag: Sawyer

WILLIAM B. PRITCHARD (1890 Will)

 The Last Will and Testament of

WILLIAM B. PRITCHARD

May 22, 1882-November 28, 1890

In the name of God Amen.

I WILLIAM B. PRITCHARD and being at this time of sound and disposing mind and memory do make publish and declare the following to be my Last Will and Testament hereby revoking and annulling all Wills heretofore made by me.

1: I give and devise to my son W.F. PRITCHARD and his heirs subject to the charges hereinafter set out all that part of my home tract of land in this County that lies on the North side of the following line to wit, beginning at a small ditch on the road near to and South of the house now occupied as a residence by the said W.F. PRITCHARD, and running from thence a due West course to the direct line. I also give and devise to said W.F. PRITCHARD and his heirs subject to charges as aforesaid, all that part of my Isaac Pritchard tract of land that lies on the Eastward side of the following line, to wit, beginning at the James B. Pritchard line at the end of the lead ditch, at the path near the corner of the fence to the Westward of W.N. Perkins present residence and running from thence Southwardly to the main road not far to the Eastward of Turnpike? Bridge.

II: I give and devise to my Son HENRY PRITCHARD and to his heirs subject to the charges hereinafter set out (subject also to the contingency of his dieing without lawful issue) all the rest and residue of my said home tract of land, to wit, all that part of the same that lies on the South end of the dividing line aforesaid that begins at the small ditch near W.F. PRITCHARD residence. Also I give and devise to said HENRY PRITCHARD and his heirs subject to charges and contingencies as aforesaid all the rest and residue of my said Isaac Pritchard tract of land, to wit, all that part of the same that lies on the West of the said binding line extending by the lead ditch from the J.B. Pritchard line to the main road, near Turnpike? Bridge: (but it is my will that if my said Son HENRY should die without having lawful issue, then, the lands hereinbefore willed to him shall go in fee simple, One half of the same to my Son W.F. PRITCHARD and his heirs, the other half of the same to my Three Daughters MARY, ELIZABETH and RUTH and their heris & to the survivors of them.

III: I give and devise to my Daughter MARY the Wife of MALICHI SAWYER and her heirs subject to the charge of Two Hundred & Fifty Dollars to be paid over by her in reasonable time to my executors my tract of land in Providence Township containing about 41 acres which I purchased from Griffin Pritchard, the same known as the Philip Pritchard tract.

IV: I give and devise to my Daughter ELIZABETH the Wife of W.N. PARKER and her heirs subject to the charge of One Hundred Dollars to be paid over in reasonable time by her to my executor my tract of land in said Providence Township containing about 26 acres which I purchased from Cader Perry Trustee, the same being known as the Thorton tract.

V: I give and devise to my Daughter RUTH PRITCHARD in fee subject to the contingency that she leaves lawful issue at her death my canal tract of land containing about 20 acres which I purchased from Arthur Pritchard, but it is my will that if she said RUTH shall die leaving no lawful issue, then, I give two thirds of the tract that adjoins W.N. PARKERS land being Daughter ELIZABETH PARKER & her heirs in fee, the other third of it I give in such case to my said Son W.F. PRITCHARD & his heirs.

VI: I give and bequeath to each of my Daughters MARY ELIZABETH and RUTH one bed, bedstead, bed furniture.

       I give to my said Daughter RUTH my bureau. I give to my said Son HENRY one bed bedstead, and bed furniture.

       I give to my said Son W.F. PRITCHARD my surveyor compass & plotting instruments.

VII: I give and bequeath to my said Sons W.F. PRITCHARD and HENRY PRITCHARD, equally and share and share alike subject to the charges hereinafter set out, all the rest and residue of my personal property of every kind and nature whatsoever including my furniture not hereinbefore disposed of. Also my notes and money also live stock, farm implements, vehicles crop provision on hand and all crops that may the time of my death be in process of cultivation by myself or tenants or renters on any and all of my several tracts of land above mentioned.

But as in all probability my indebtness at the time of my death will be considerable I have charged hereinbefore and do hereby charge the devises and bequeaths made hereinto as follows:

1st: the said devise of land to MARY with Two Hundred and Fifty Dollars as aforesaid.

2nd: The said devise of land to ELIZABETH with One Hundred Dollars as aforesaid.

3rd: All the devises of land aforesaid to my Sons W.F. & HENRY and the bequests of the personal property aforesaid to them I charge with the full and entire payment of all the rest of the debts that I may owe at my death, also with all the charges and expenses of settling my estate.

VIII: It is my will and desire that my Daughters MARY and ELIZABETH shall pay over to my executor the sum charged to them aforesaid soon after my death as they can conveniently do so and that the yearly rents and profits of the land devised to them be applied to that purpose.

IX: I desire that my said Sons W.F. and HENRY PRITCHARD shall at all time have special charges and care of their Sister RUTH and that they be kind and affectionate to her.

I hereby nominate and appoint my Two Sons W.F. PRITCHARD and HENRY PRITCHARD the executors of this my Last Will and Testament May 22, 1882.

WM. B. PRITCHARD 

Witnessed by the ????

Signed at the request of WM. B. PRITCHARD in his presence & the presence of each other May 22, 1884

Frank Vaughan

James Vaughan

                                                              CODICIL

I hereby change my foregoing Will in the following particular to wit: Omit of item ”II” at the bottom of the first page the words “subject also to the contingency of his dieing without lawful issue.” Also omit all the last part of item “II” near the middle of page two to wit: but it is my will that if my said Son HENRY should die without leaving lawful issue then the lands hereinbefore willed to him shall go in fee simple One half of the same to my Son W.F. PRITCHARD and his heirs, the other half of the same to my Three Daughters MARY, ELIZABETH and RUTH and their heirs or to the survivors of them” I make no further alteration in my foregoing Will except such as are expressed in this Codicil and I hereby declare the same to be my Will. Oct. 11, 1884.

                                                                                 WILLIAM B. PRITCHARD

Witnessed by the undersigned at the request of WM. B. PRITCHARD and in the presence and at his request and in the presence of each other. Oct. 11, 1884.

Frank Vaughan

James Vaughan

State of North Carolina

Pasquotank County

In the Superior Court

A paper purporting to be the Last Will and Testament and Codicil thereto of WM. B. PRITCHARD deceased is exhibited before me the undersigned Clerk Superior Court for the said County, by HENRY M. PRITCHARD one of the executors therein mentioned and the due execution thereof by the said WILLIAM B. PRITCHARD proven on oath and examination of Frank Vaughan and James Vaughan the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown herein purporting to be the Last Will and Testament of WILLIAM B. PRITCHARD: that the said WILLIAM B. PRITCHARD in the presence of these deponent, subscribed his name at the end of Said paper writing, which is now shown as foresaid, and which bears date of the 22nd day of May 1884. And the Codicil bearing date Oct. 11, 1884. And the deponent further saith, that the said WILLIAM B. PRITCHARD the testator aforesaid declared the said paper writing so subscribed by him and exhibited and the Codicil thereto to be his Last Will and Testament and this deponent did thereupon subscribe his name at the end of said Will and Codicil as an ???????? thereto and at the request and in the presence of the said testator. And this deponent further saith that at the time when said testator subscribed his name to the said Last Will and Codicil as aforesaid and at the time of the deponent subscribing his name as an attesting witness thereto as aforesaid the said WILLIAM B. PRITCHARD was of sound mind and memory of full age to execute a Will and was not under any restraint to the knowledge information or belief of this deponent further this deponent saith not.

Frank Vaughan  seal

James Vaughan  seal

Severely sworn to and

Subscribed before me this 28th day of November 1890.

J.P. Overman C.S.C.

Therefore it is adjudged and considered by the Court that the foregoing paper writing and every part thereof is the Last Will and Testament of WILLIAM B. PRITCHARD including the Codicil thereto attached. Let the same together with this order of Probate and the affidavit of the witnesses be recorded in the office Clerk  Superior Court of Pasquotank County N.C. This 28th day of November 1890

J.P. Overman

Clerk Superior Court

Contributed and transcribed by Judy Merrell Brickhouse

(Transcribed as written, including errors in spelling and grammar.)