Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 89
Dated 7 June 1879
In the name of God Amen I James M. Liverman of the Town of Gum Neck Tyrrell County and state of North Carolina farmer do make and publish this my last will and testament herby revoking all others will by me at any time heretofore made. And first I direct that my body be decently intered in the burying ground of the farm whereon I live at this time in the County of Tyrrell and State of North Carolina and that my funeral expences be discharged from my monies that belong to my said estate. And as to my estate it hath pleased God to entrust me with I despose of the same as follows. First I direct that all my debts and funeral expences be paid as soon after my decease as posible out of the first monies that shall come into the hands of my executor from any portion of my estate real or personal. Also I direct that all my real estate the farm whereon I live and any other that belongs to me or acends to me in any way also all my household and kitchen furniture live stock of all Kinds. All monies notes accounts & or in any way belonging to me shall be and remain the absolute property of my beloved wife to her and her heirs forever. If she shall be living at the time of my decease and the amount of real and personal property bequeath to my wife to be in Lui of her dower at common law if she shall so elect and I do hereby make and ordain my esteemed neighbor Thomas W. Swain executor to this my last will and testament. In witness whereof I James M. Liverman the testator have this my will set my hand and seal this the seventh day of June in the year of our lord one thousand eight & seventy nine.
James M. Liverman (seal)
Signed Sealed and Jesse Sikes
delivered in presence
of us who has sub-
scribed in presence
of each other
Benj F Spencer
North Carolina
Tyrrell County
In the Probate Court
A paper writing purporting to be the last will and testament of James M. Liverman Deceased is exhibited before me the under signed Judge of Probate in and for said County by Thomas W. Swain the executor therein named and the due execution thereof by the said James M. Liverman by the oath of Benj F Spencer one of the subscribing witnesses thereto Jesse Sikes the other subscribing witness thereto being dead. Who being duly sworn doth depose and say that he
is a subscribing Witness to the paper writing now shown him purporting to be the last will and testament of James M Liverman. That the said James M Liverman in the presence of this deponant subscribed his name at the end of said paper writing which is now shown him as aforesaid and which bears date on the 7th day of June 1879. and did in the presence of this deponant acknowledge the signing of said paper writing and it is further proved by the oath of said Benj. F Spencer that Jesse Sikes the subscribing witness to said paper writing now shown him is dead. And it is further proved by the oath and examination of said Benj. F. Spencer that the said Jesse Sikes signed the said paper writing now shown him as a subscribing witness in the presence of and at the request of the testator and deponant further say that the signature of said Jesse Sikes is genuine. And the deponant further says that the said James M. Liverman the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing to be his last will and testament, and thereupon this deponant and the said Jesse Sikes the subscribing witness did subscribe their names as witnesses thereto in the presence and at the request of the testator James M Liverman. And this deponant further says that said James M. Liverman was of full age to execute a will and was not under any restraint to the knowledge of said deponant and further this deponant saith not Sworn and subscribed B. F. Spencer
Before me the 25th day of August 1882
T L Jones
Probate Judge
Transcriber's Note: James M. Liverman did not name his wife in his will. But his wife was Francis W. "Fanny" Davenport married in Tyrrell County 7 Feb 1877. She is the daughter of James F Davenport and Matilda Ann Spruill. They have one known son Samuel H. Liverman. Francis later married the witness Benjamin F. Spencer.
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