State of North Carolina
Tyrrell County
Book 4 Page 71
Dated 27 December 1881
In the name of God Amen. I James Brickhouse of the County of Tyrrell and State of North Carolina do hereby make and declare my last will and Testament in manner and form following.
Item 1st I desire my executor hereinafter named to have my body Buried in a proper and decent manner at my old home on the sound by the side of my first wife.
Item 2d I give and bequeath to my beloved wife Louis Brickhouse during her natural life portion of the tract of land whereon I now live and known as a portion of the Richard Davenport farm & Bounded as follows. Beginning at the gate on the main road in front of the house and runing up the road northwardly & westwardly to W. A. Liechfields corner thence along his north east line to his northeast corner thence westwardly to his northwest corner on the road then up the road northwardly to the Bridge across the main road at S D Wynn & Millie Davenports corner then up that ditch eastwardly to the head of said ditch eastwardly in the same direction through the field to the road that through the farm thence southwardly and eastwardly along that road to the Bridge that crosses the ditch on the left hand side of the road then along said ditch to the angle then down the ditch Eastwardly to the swamp and line thence southwardly and Eastwardly up the swamp along the line to a black gum on the Walker Road then out the Walker road in a southwardly direction near the main road to a sweet Gum said to be corner of W D Cooper heirs then up the road westwardly to the first station to have and to hold to the said Louis Brickhouse during her natural life.
Item 3d I give and devise to my beloved wife Louis Brickhouse her heirs and assigns Four beds bed stead and furniture being the beds she Brought from Allegator, one sewing machine and beauro and contests.
Item 4th I give and devise to my beloved wife Louis Brickhouse during her natural life or widowhood all the Ballance of my personal property of every nature and kind Except my mare Mollie and small buggy & harness and shoes Tools and Carpenter tools and my two Guns. In case of the death or marriage of beloved wife Louis Brickhouse then I desire my Executor hereinafter named to take charge of the property convey in this item and sell the same and pay one half of the monies arising from such property to the said Louis or her heirs and the other half of said fund I desire my Executor to pay said money equal amounts to the children of my deceased daughter Matilda as they shall severally arive at the age of twenty one years and should any one of said children die leaving no child then to them that is living.
Item 5th I hereby direct my executor to sell my mare Millie & small buggy & harness shoe tools carpenter tools and two guns and pay the money arising such sale as he is directed in the 4th Clause of this will.
Item 6th I direct my executor hereinafter named to rent out the Ballance of my land anually during the month of November in each year. Make his returns to court and the funds to be divided as the law directs and at the death of my beloved wife Louis I desire my executor to take charge of the portion of my lands given her with all of my other Lands and turn the same over to the children of my beloved daughter Matilda when the youngest one shall arive at full age.
Item 7th I hereby appoint Dr. Abner Alexander my true and lawfull executor to execute this my last will and testament according to the true intent and meaning thereof. Given under my hand and seal this 27th day of December AD 1881
James Brickhouse (seal)
Signed sealed and Published Arthur Spruill A paper writing purporting to be the last will and testament of James Brickhouse Deceased is exhibited before me the undersigned Judge Judge of Probate in and for said county by Abner Alexander the executor therein named and the due execution thereof by the said James Brickhouse by the oath and examination of Arthur Spruill and Charlie Batman the subscribing witnesses thereto who being duly sworn doth depose and say, and each for himself depose and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of James Brickhouse in the presence of this deponant Subscribed his name at the end of said paper writing which is now shown him as aforesaid and which bears date on the 27th day of December 1881. And the deponant further saith that the said James Brickhouse the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament. And this deponant did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request of and in the presence of said testator and deponant further saith that at the said time when said testator subscribed his name to said last will as aforesaid and at the time of the deponants subscribing his name as an attesting witness thereto as aforesaid the said James Brickhouse 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 deponant and further this deponant say not. Arthur Spruill Severally Sworn and T L Jones In the Matter of Dessent from husband will
Lois Brickhouse
in our presence & we signed
the same as attesting witnesses
at the request and in the presences
of the Testator
Charlie Batman
Tyrrell County
In the Probate Court
Charlie Batman
Subscribed this the
13th day of January 1882
Probate Judge
Tyrrell County
North Carolina
In the Probate Court
January 19th 1882
Lois Brickhouse Widow
Lois Brickhouse widow of the late James Brickhouse of Tyrrell County North Carolina hereby enters her dissent from the last will and testament of her said husband James Brickhouse decd bearing date December 27th 1881 wherein Abner Alexander is executor therein named - and now on record in the office of the Judge of Probate for said County the said widow p(?) such rights and estates in her said husband real and personal property as if he had died intestate.
By R. P. Felton attorney
Return to Tyrrell County Probate Records
Updated August 6, 2001
Ellen Kroll