HALSEY, MARY R.

State of North Carolina
Tyrrell County
Book 3, page 39
Dated 25 Apr 1854

State of North Carolina

I Mary R. Hasley, widow of Joseph Halsey a resident of Tyrrel County do make and declare this to be my last Will and Testament-

1st. It is my will and desire, and I do hereby instruct my executor in the event of the lot near Columbia, now occupied by Rev. Jno. D. Elwell, being sold, to purchase the same, with the funds belonging to my estate, if in his judgement it can be purchased at a fair price; and when said lot is so purchased I direct my executor to made a deed to said John D. Elwell- for the said lot and improvements- and if in the judgement of my executor, the said lot should sell for an extravagant price, or not be sold then I direct, him to purchase some other land and Improvements and when said purchase is made I direct him, my said executor, to make a title thereto to the said Rev. J. D. Elwell.-

2nd- The balance of my estate, of every sort and description, after the payment of my debts; I direct to be divided into three equal shares; I give and bequeath to B. W. Foster, of Plymouth N.C. in trust for my grandson Joseph, Halsey, Wynne one share thereof- and direct said trustee, to hold said property, and invest the proceeds thereof, as his judgement may direct- and when said Joseph H. Wynne shall arrive at the age of twenty one years, I direct said property to handed over to him and to be his in fee simple- but should said Joseph H. Wynne die before he arrives at the age of 21 years, then I give said property to my nieces and nephews, to be equally divided between them-

3rd- I give and bequeath to B. W. Foster of Plymouth N.C. in trusts for my grand daughter Sarah Halsey Skinner one other share, or third part of my estate, and direct said trustees to hold said property, and invest the proceeds thereof, as his judgement may direct; and when the said Sarah H. Skinner shall arrive at the age of twenty-one years, or be married and have a child, living, I direct said property to be handed over to her and to be hers in fee simple- but should said Sarah Halsey Skinner, my said grand daughter die before she arrives at twenty one years of age or be married and have a living child, then I give said property to my nieces and nephews, to be equally divided between them-

4th- I give and bequeath to B. W. Foster of Plymouth N.C. in trust for my grandson Thomas Skinner, one share, or third part of my estate and direct said trustee to hold said property, and invest the proceeds there of as his judgement may direct; and when the said Thomas Skinner shall arrive at twenty one years of age, I direct, that said property be handed over to him, and to be his in fee simple but should said Thos. Skinner, die before he arrives at 21 years of age, then I give said property to my nieces and nephews to be equally divided between them-

5th- I direct that B. W. Foster as a compensation for his services as trustee as aforesaid, shal receive the sum of ten per cent on all monies received by him, as trustee under this will- I constitute and appoint H. G. Spruill executor to this my last Will and Testament, In witness whereof the said Mary R. Halsey hath signed and sealed this as her last Will and Testament this 25th April 1854-

Signed sealed & acknowledged as The last Will and Testament of Mary Halsey, in our presence who witness the same, by her request, & in her presence, and in the presence of each other

H. E. Lewis
S. S. Simmons
Francis
her X mark Davenport

Mary her X mark R. Halsey (Seal)


Tyrrel SS:
Court of Pleas and Quarter sessions
July Term 1854-

This paper writing is produced in open court, and the due and formal execution thereof by Mary R. Halsey, as her last Will and Testament is proved by H. E. Lewis and S. S. Simmons, who proved that said Mary signed, sealed, and published and declared the same as and for her last Will and Testament; that she was then of sound and disposing mind & memory- that they and the other witness signed; the same as witnesses, in her presence and at her request; as did also the other witness Francis Davenport- By the court, let the same be admitted, & it is admitted, to probate as a will passing real, personal and mixed property; at the same time H. G. Spruill qualafied as executor-

Saml. McCleese Clk.


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Updated May 31, 2001
Mike Schoettle