Tyrrell County
In the name of God Amen: I Warren W. Davenport of the State and County above being in a sound & disposing mind and having the fear of God before me. Do make and ordain this my last will and testament.
I do give and bequeath unto my wife Mahala P. Davenport the following negroes namely Charles Noah Adaline and Permelia Ann. I do also give unto her my gold watch and I do also give unto her the hire of negro Charles for the year 1859.
I do give to my sister Emma Cratch the hire of Noah for the year 1859.
All of my real estate I do give & bequeath to Jno. A. Bembery in Trust and as trustee to my brother James F. Davenport during his life at his death then in trust for his wife Matilda Ann at the death of both, then the said Jno. A. Bembury execute a title to said lands to all the children that the said James F. & Matilda Ann shall have living. The said Jno. A. shall have power to transfer his trusteeship to any other trustworthy person at any time he may wish.
I wish my horse, buggy, harness and other personal estate that I may possess sold on the most advantageous terms at private sale. My notes bounds & money on hand I wish applied to the payment of my debts -should there be any thing over after paying my debts then I give the balance to my wife should there not be enough to pay all my just debts after selling the things above directed then a sufficient quanty of my lands shall be sold to make up the dificiency. I do give to my brother James F. my watch chain. I do wish my brother Jas. F. Davenport and my wife Mahala P. to act as executor & executrix to this my last will -
Witness my hand & seal this 29th of December 1859.
Witnesses
Jacob Swain
J. W. Hassell
W. W. Davenport (Seal)
State of North Carolina
Tyrrell County
Court of and Quarter Sessions
January Term 1859.
Then was the due and formal execution of the foregoing paper duly proved in open court by the oaths of Joshua W. Hassell and Jacob Swain the subscribing witnesses thereto and was admitted to the probate as the last will & testament of William W. Davenport duly executed to pass real & personal estate wherefore James F. Davenport one of the executors therein named appeared in open court as was duly qualified as executor thereto ordered that the same on record filed.
Eli Spruill Clk.
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Tyrrell County Probate Records