Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, Page 125
Dated 21 May 1886
I Abram D. Litchfield of the County of Tyrrell and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance and desiring to make a just and equitable dispostion of my property, do make this my last will and testament in manner and form following.
1. I give devise and bequeath to my wife Ann Eliza Litchfield all my real and personal property of every nature and kind to have and to hold the same during her natural life or widowhood, for her own use and benefit. And with full authority to expend so much of the personal property, moneys & notes as she may deem necessary and proper for the education of my two children Claud and Climmy Litchfield besides what may be necessary for the maintainence and support of herself and such family as may be dependant upon her.
2. At the death or marriage of my wife the said Ann Eliza Litchfield, I give, devise and bequeath all of my real estate of every description and such of my personal property including money, notes & C as may still be remaining, to my children (W. A. Litchfield, E. R. Litchfield, Florence Gertrude West, Jesse Litchfield, Claudius Litchfield, Climmy Litchfield and my grand daughter Ruby Spruill.) Excepting and deducting however from the share of W. A. Litchfield, the sum of $726.76 which I have already hereto advanced to him. And the sum of $313.60 from the share of E. R. Litchfield which I have already advanced to him, and the sum of $ 350.00 from the share of my granddaughter Ruby Spruill, which I have heretofore advanced to her mother. My intention being that my children and the said grand child shall each have an equal share of my estate including the amounts that have been advanced and as above mentioned. And I direct and authorize my executors to make said division of my property subject to the above conditions and exceptions in such way as may be to the greatest advantage to all concerned. And if in their judgement they should deem it necessary in order to make a fair division they are authorized and directed to sell all or any such part of my lands and other property as may be necessary or be thought proper taking especial care that the property be not sold at a sacrifice.
3. If my grand daughter Ruby Spruill should die before the age of twenty one years and without having married then her share of my estate is to come back and be equally divided among my heirs generally.
4. I do hereby appoiint and constitute my friends Thos. W. Swain and R. P. Felton my executors to execute this my last will and testament. I desire them to pay my burial expenses and debts if any out of my personal estate. And do such acts and things as generally divolve upon executions with the settlements of estates, but not inconsistant with the provisions of this will. Upon their final account in the office of the clerk of Superior court they are to turn all monies and other personal property on hand over into the hands of my wife for her use and subject to the conditions, provisions and limitations as herein before stated. I do hereby revoke and void all other wills which I may have heretofore written.
In testimony whereof I hereto sit my hand and seal May 21st 1886.
A. D. Litchfield
Signed sealed published
and declared to be his last will and testament
in our presince who in his presence and at
his request have hereto subscribed our
names as witnesses to the same
C. W. Holidia
T. F. Holidia
Tyrrell County - North Carolina
Superior Court
Dated 19 June 1886
In the matter of the last will and testament of A. D. Litchfield
A paper writing purporting to be the last will and testament of A. D. Litchfield bearing date of May 21st 1886. And with Thos. W. Swain and R. P. Felton named therein as executors to the same is this day exhibited before the Court for probate by the said Thos. W. Swain and R. P. Felton, and the execution thereof by the said A. D. Litchfield is proved by the oath and examination of C. W. Holidia and T. F. Holidia the subscribing witnesses thereto who being say and each for himself says that on the 21st day of May 1886, they the said C. W. Holidia and T. F. Holidia saw the said A. D. Litchfield sign and seal said paper writing above described and now before the court and that the said A. D. Litchfield in their presence and declare the same to be his last will and testament and that they the said C. W. Holidia and T. F. Holidia did at the request of the said A. D. Litchfield and in his presence and in the presence of each other subscribe their names as witnesses to the same and further more they on oath say that they believe that the said A. D. Litchfield when he made and signed said paper writing was of sound mind and memory and that he was fully able to make a will and testament.
T. F. Holidia
C. W. Holidia
Sworn to and subscribed before me 19th day of June 1886
T.L. Jones C.S.C.
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