Return to Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 35
Dated 13 May 1872
I Tednick Hayman 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 that is to say First That my Executor herein after named shall provide for my body a decent burial suitable to the wishes of my relation and friends and pay all funeral expenses together with my just debts however and to whosoever owing out of the monies that may first come in their hands as a part or a parcel of my estate.
Item. I give and devise to may beloved wife the tract of land whereon I now live with all the improvements belonging thereto also another tract known by being set apart for my son Daniel W. to have and to hold to her the said Clarkey for and during the term of her natural life in satisfaction for and lue of her dower and thirds of and in all of my real estate.
Item. I give and devise to my son Daniel W. a tract of land except the life estate of my wife devised in a former item of this my will to have and to hold to him and his heirs in fee simple forever said land bounded as follows beginning on the sound shore in front of the road thence along the sound shore to the dividing line between Wm H. Hayman and this line thence up said line S 72 W 155 poles to Henry W. Haman north line thence along said line so 55 E 48 Poles to the road thence along the road N 87 E 106 poles thence N 78 E 66 poles to the first station at the sound containing sixty nine and one half acres more or less.
Item. I give and devise to my son Edward S all the tract of land whereon I now live except the life estate of my wife devised in a former item of this my will to have and to hold to him and his heirs in fee simple forever said land bonded as follows beginning at the Sound in front of the road and at the Beginning of Daniel W. line then S 78 W up to and long the road the various courses of Henry W Hayman line then along said line to the Swamp thence bending the swamp S as to include all of the lands to the sound thence along the sound to the first-station containing one hundred and twenty-five acres be the same more or less the road that leads from house to the main road and the dividing Daniel W and Edward S is not to be closed.
Item - I give and devise all of my children James I. Benjamin F., Henry W, Wm H., Daniel W and Edward S Hayman one hundred acres of marsh laying near the mouth of Alligator Creek bounded by Hunts Creek Alligator and the Albemarle Sound which will be shown by the Plat and grant also one tract of Swamp land containing one hundred and fifty acres be the same more or less laying between Benja. F. and the lands of Edward S., said marsh and swamp land to be owned equally by and between all of my above named children and their heirs forever.
Item - My will and desire is that all the residue of my lands after taking out the division above mentioned shall be sold. and the debts owing me to be collected and if then should be any surplus over and above the payments of debts and expenses that out of such surplus I devise it to be equally divided and paid over to my wife and all of my children in equal portions share and share alike to them and each of their executors and administrations and assigns absolutely forever.
Item I give and bequeath to my beloved wife all of my personal estate not other wise disposed of in my will to her to hold during her natural life and her death to be equally divided among my lawful heirs.
And lastly I do hereby constitute and appoint all of my children who may be living and of the age of twenty-one years my lawful executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause then of hereby revoking and declaring utterly void all other wills and testaments by me before made. In witness whereof I the said Tednick Hayman do hereunto set my hand and seal this the 13th day of May in the year of our lord one thousand Eight-Hundred and seventy two.
Signed Tednick Hayman (Seal)
Signed sealed published and declared by the said Tednick Hayman to be his
last will and testament in the presence of us who at his request and in his
presence do subscribe our names as witnesses thento.
Signed Benja. F Sikes Tyrrell County.
Z Roughton
In the Probate Court
A paper writing purporting to be the last will and testament of Tednick Hayman deceased is exhibited before me the undersigned Judge of Probate in and for the County of Tyrrell by H. W. Hayman one of the executors therein named and the due execution thenof the said Tednck Hayman by the oath and examination of Benj. F. Sikes and Z Roughton the subscribing witnesses thento who being sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be last will and testament of Tednick Hayman. That the said Tednick Hayman in the presence of these deponants subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date the 13th day of May 1872. And the deponants further saith that the said Tednick Hayman 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 these deponants did thereupon subscribe his name at the end of said will as and attesting witness thereto and at the request and in the presence of thesaid testator and this deponant further saith that at the said time when the said testator subscribed his name to said last will and testament as aforesaid and at the time of the deponants subscribing his name as an attesting witness thereto as aforesaid the said Tednick Hayman was of sound mind and memory of full age to execute a will and was not under any restraints to the knowledge information or belief of these deponants. and further these deponants say not.
Signed Z Roughton
B. F. Sikes
Severely sworn and
subscribed to before me
this 27th day of October 1878
T. L. Jones
Probate Judge
Return to Tyrrell County Probate Records