North Carolina
Tyrrell County
Book 4 Page 99
Dated 2 November 1875

I Charles Davenport of the County of Tyrrell and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following to wit. First that my Executrix or executor hereinafter name shall provide for my body a decent funeral suitable to wishes of my relations and friends and pay all funeral expences together with my Just debts howsoever and to whomsoever owing out of moneys that may first come into their hands as part or parcel of my estate.

Item I lend to my beloved wife Susanna Davenport the land whereon I live with all of my pershable estate during her natural life.

Item I give and bequeath to my oldest son Charles H. Davenport the land whereon I now live with all of my pershable estate at the death of his mother Susanna Davenport to have and to hold forever.

Item I give and bequeath to my youngest son Eward V. Davenport the sum of ten dollars in cash to be paid in hand to him by my oldest son Charles H. Davenport at the death of their mother Susanna Davenport.

I hereby appoint my beloved wife Susanna Davenport as executrix and my oldest son Charles H. Davenport as executor of this my last will and testament. In witness whereof I hereunto set my hand and seal this 2d day of November in the year of our Lord one thousand Eight hundred and seventy five.

Charles Davenport (seal)

Signed, Sealed, and delivered in the presence

Witnesses
E B Houghton
Samuel N Harris

In the matter of the last will and testament of Charles Davenport decd

A paper writing purporting to be the last will and testament of Chas Davenport Decd bearing date of Nov 2d 1875 with the names of Chas H Davenport & Susanah Davenport as executor and executrix therein named and with the names of E B Houghton & Samuel N Harris as attesting witness thereto is propounded by the said Chas H Davenport in Court for Probate and after citation to E. V. Davenport and accepted of service by him of the same. the execution of said paper writing by said Chas Davenport is proved by the oath and examination of Saml N Harris, Frances Ann Godwin, and Chas. L. Pettigrew and manner & form as follows. The said Saml N Harris being duly sworn say that in the presence of and at the request of the said Chas Davenport he subscribed his name as attesting witness to the same and that in his presence the said Chas Davenport acknowledged and declared the said paper writing to be his last will and testament. And also he believes that the said E B Haughton was present at the same time and subscribed and subscribed his name in the presence of him & said Chas Davenport and at his request; And also that said Chas. Davenport was of sound mind and memory at the time of the execution of the same and capable of making a will. And the said Francis Godwin being sworn says that at the day and date named in said paper writing she was present at the execution of said paper writing saw the same read to the said Chas Davenport saw him sign it and declare it to be his last will and testament in the presence of the said Saml N Harris & E B Haughton. and that she saw the said E B Haughton & Saml N Harris in the presence of each other and in the presence of and at the request of said Chas. Davenport (now Decd) subscribed their names as attesting witnesses thereto. And so me time after that that is about twelve months before his decease she saw the said Chas Davenport take out said paper writing read the same over and then says that it was all right and just as he wanted it. also that at the time of the execution of said paper writing she verily believes that he was of sound mind and memory and capable of making a will. The said E B Haughton being now dead the attestation of said paper writing by him as witness thereto is proved by the and examination of Chas L. Pettigrew who being duly sworn says that he is well acquainted with handwriting of said E B Haughton having seen him write very often. And that he believes the name of E B Haughton subscribed to said paper writing is in the own hand writing of said E B Haughton. Therefore it is considered by the Court adjudged and deceed that the said paper writing hereinbefore described is the last will and testament of the said Chas Davenport deceased and that at the time of the execution of the same the said Charles Davenport was of sound mind & memory and capable of making a will

July 19th 1883

T L Jones Probate Judge

In the matter of the Last will and Testament Chas Davenport

A paper writing purporting to be the last will and testament of Chas Davenport decd with the name of Chas H. Davenport as executor and Susanah Davenport as executrix therein named and bearing date of Nov 2d 1875 and which the names of Saml N. Harriss and E B Haughton as subscribing witnesses thereto is exhibited in open Court for Probate by the said Chas. H. Davenport executor therein named and after de(cut off) citation being made to E V Davenport and acceptance of service by him the due execution of said will and testament is proved by the oath and examination of S. N. Harriss one of the subscribing witnesses thereto and of Francis Godwin as follows, viz.

The said Saml N. Harriss being duly sworn says that on the and date mentioned in said paper writing above described he was called upon by the said Chas Davenport now deceased. And witness to witness the same as his last will and testament and that at the request of the said Chas Davenport and in his presence and he thinks in the presence of the said E B Haughton the other subscribing witness (who is now dead) he subscribed his name as witness to said will and testament and furthermore according to the best of his recollection he thinks that the said E B Haughton in his presence, and at the request of and in the presence of said Chas Davenport subscribed his name as witness to the same. Also that the said Chas Davenport in his presence and in the presence of E B Haughton did acknowledge and declare the same to be his last will and testament and he believes that at that time the said Chas Davenport was of sound mind and memory and in all respects capable of making a will and testament.

Signed S. N. Harriss

Sworn to and subscribed before me July 19th 1883

T L Jones Probate Judge

Page 98
And the said Frances Ann Godwin being duly sworn says that on the day and date mentioned in said paper writing she was residing at the house of said Chas Davenport. And was present when the same was executed and saw the said Chas Davenport now Deceased. Sign the same and declare the same to be his last will and testament. And also that at his request and in his presence and in the presence of each other she saw the said Saml N. Harriss and E B. Haughton subscribed their names as attesting witnesses to the same. And in the presence of said subscribing witnesses she saw and heard the said Chas Davenport acknowledge and declare the same to be his last will and testament. She further swears that on one occasion about twelve month before the decease of said Chas Davenport she saw him get said paper writing out and read it and then say that it was all right and Just as he wanted it. She also on oath says that at the time of the execution of said will & testament she verily believes the said Chas Davenport was of sound mind and memory and capable of making a will. Also that the said E B Haughton read said will over to the said Chas Davenport before the same was signed by him.

Frances (her x mark) Godwin

Sworn to and subscribed before me July 19th 1883

T L Jones
Probate Judge.

And the signature of E B. Haughton one of the attesting witnesses to said will and testament is prove by the oath and examination of Chas L. Pettigrew who being sworn says that he is will acquainted with the handwriting of the said E B Haughton having seen him write very often and verily believe that the name of said E. B. Haughton subscribed as witness to said paper writing purporting to be the last will and testament of Chas Davenport decd is in the proper handwriting of said E B Haughton.

Sworn to before me
July 19th 1883

Return to the Tyrrell County Probate Records

Updated August 25, 2001
Ellen Kroll