Return to Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 9
Dated 1 December 186?
I William McCabe 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 (hereinafter named) shall pay all my funeral expenses, together with my Just debts however and to whomsoever owing and may sell privately as he may think best any portion of my goods and chattels in order to raise money for the same.
Item:- I give and devise to my beloved wife all my tract of land on which I live with all the appertain (rest cut off) thereunto belonging to have and to hold to her the said Ann McCabe for and during the term of her natural life I also give and bequeath to my said beloved wife Horse, hogs, Cattle Household and Kitching furniture also my crop on hand and during the term of her natural life after her decease it is my will whatever amy be left of my chattel property to be equally divided between my son Eugene and my two Daughters Sophia Ann and Grisel.
Item:- I give and devise unto my Daughter Melissa after the death of my wife Twenty acres of Land lying East of my Farm it being the Land on which William Norman lived and died to have and to hold to her and her heirs in fee simple forever.
Item:- I give and devise to my two Daughters Sophia Ann and Grisel one portion of my Land lying between the Land which I have devised to my Daugther Melissa and my field beginning at a sweet gum at eh corner of my fence at the main road running north to my back line at the swamp thence along the Swamp to my daughter Melissa line thence to the main road thence to the first station to have and to hold after the death of my wife to them and their heirs in fee simple forever.
Item:- I give and devise to my son Eugene the ballance of my Land with all the appentainences thereunto belonging after the death of my wife so as to include my farm and all my Land not herein before named to have and to hold to him and his heirs in fee simple forever.
and lastly, I do hereby constitute and appoint my beloved wife Ann McCabe my lawful executrix to all in(Cut off) and purposes to execute this my Last will and Testament according to the true intent and meaning the same and every part and clause thereof hereby re(cut off) and declaring utterly void all other wills and testament by me heretofore made.
In witness whereof, I the said William McCabe do h(cut off) set my hand and seal, this seventh day of December 1(cut off).
William McCabe (seal)
Signed Sealed published and declared by
the said Wm McCabe to be his last will
and testament, in the presence of us,
who at his request and in his presence
do subscribed out names as witness thereto
Nehemiah Norman
Franklin Spruill
State of North Carolina
Probate Court
Tyrrell County
August 13th 1869
This day was exhibited in open court for probate by Ann McCabe a paper writing purporting to be the last will and Testament of William McCabe at which time and place appeared Franklin Spruill and Nehemiah Norman, the subscribing witnesses there to who being sworn sasth that the said William McCabe executed said paper writing as his last will and Testament in there presence and at his request, they and each of them in his presence did sign the same as subscribing witnesses thereto, and that in these opinion the said William McCabe was of sound mind and memory and was not under restraint.
On motion of the said Executrix, it is declared by the Court that the said paper writing (unreadable) is the last will and testament of William McCabe and ordered that the same be recorded together with this certificate and application and affidavit of said Executrix.
Eli Spruill
Probate Judge
Tyrrell County
In the Probate Court.
In the Matter of the Will of William McCabe
Before Eli Spruill Judge of Probate
Ann McCabe & Franklin Spruill being sworn, doth say: William McCabe, late of said County, is dead, having first made and published his last will and testament and that Ann McCabe is the executrix named there in. Further, that the property of the said Wm McCabe consist of real and personal property is worth about $800. so far can be ascertained at the date of this application; and Ann McCabe the widow Sopha McCabe, Melissa, Grisel McCabe, Daughter of said decd of full age & Eugene son of the said decd minor without Guardian and being in Tyrrell County are the parties entitled under will to the said property.
Ann (her -x- mark) McCabe
Franklin Spruill
Sworn to and Subscribed
before me this 13 day of August 1869
Eli Spruill
Probate Judge
Return to Tyrrell County Probate Records