Return to Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 22
Dated 24 June 1871
I, E. A. McClees of the County of Tyrrell and state of North Carolina being of sound mind and memory do make ordain and publish this my last will and testament in manner and form as follows, to wit;
Item 1st I desire my executor hereinafter named to give my body a decent burial. And out of my persoanl property to pay all my just debts.
Item 2nd I lend the plantation whereon Charles McClees now lives situated in Gum Neck Township and adjoining the lands of Wm Brickhouse, Rueben Cahoon and others, to the said Charles McClees and his wife Polly mother & father of my wife Ellen, on to the survivor of them during their natural lives and after the death of both of them, I give and bequeath and devise the said tract of land to my beloved wife Ellen her heirs forever.
Item 3rd I give bequeath and devise to my wife Ellen her heirs and assigns all the rest of my real estate of which I may d(?) s((?) and possessed.
Item 4th All of my personal property, after paying my just debts I give and bequeath to my wife Ellen and her heirs forever.
Item 5th If my personal is not sufficient to pay off all of my indebtedness together within the reason and (?) of administration then it is my will and desire that my executor shall (?) upon the real estate mentioned in item 3 and that be exhausted if necessary before my other lands mentioned in Item 2 subjected to the payment of debts-
Item 6th I hereby constitute and appoint my true friend Colonel Charles McClees the executor to execute this my last will and testament. revoking as I do all others ever made by me. In testimony whereof I have hereunto set my hand and affixed my seal, this 24th day of June 1871- in the presence of Arthur Spruill and John A Moore who have witness the same at my request.
E A McClees
signed in our presence
by E A McClees and witnessed
by us at his request in his
presences and in the
presence of each other.
Jno A. Moore
Arthur Spruill
Codicil, I have this day altered my will as first written, by striking out on paper two (2) Item (3) of the same, all after the word possessed in said Item (3) down to Item four (4) of this will and including her heirs and assigns in Item (3) therewhich I declare to be my own act June 24th 1871.
Witness
Jno A Moore
Arthur Spruill
Tyrrell County
in the Probate Court
30th May 1873
A paper writing purported to be the last will and testament of E. A. McClees, deceased, is exhibted before me the undersigned judge of probate, and for said County. And the due execution there of the the said E. A. McClees, by the oath and examintion of John A. Moore and Arthur Spruill, the subsicribing witnessess there(cut off) who being duly swoorn, dath depose and say, each for himself deposette and saith tht he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of E. A McCleese. that the said E. A. McCleese, in the presence of this deponent subscribed his name at the this and of said paper writing to both the codicil and the main body thereof, which is now shown as aforesaid, and at the end of said paper writing and to both the codicil and the main body thereof which is now shown as aforesaid and which bears date 24 June 1871.
And deposent further saith that the same E A McClees, the testator aforesaid did at the time of subscribing his name as aforsaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament. And this deponent therefore subscribe his name in (cut off) end of said will to the codicil and the main thereof as an attesting witness thereunto and request and in the presence of the said teatator. and this edponent further saith that at the said time the said testator subscribed his name to the last will as aforesaid and at the time of the deponents subscribing his name as an attesting witness thereto as aforesaid the said E A McClees was of sound mind and memory of full age to execute a will and was not under amy restraint to the knowledge, information on belief of this deponent, and further these deponents saith not (missing)
(signed) John A. Moore
Arthur Spruill
Severally sworn and subsibred before me
this 30th May 1873
Eli Spruill Probate Judge
On montion, the aforesaid paper writing bearing date 24th June 1871, and proven by the oath of John A Moore and Arthur Spruill as above is declard to be the last will and testament of E. A. Mcclees, and it is ordered that the same under this certificate & probate be recorded 30th May 1873.
Eli Spruill
Probate Judge
Return to Tyrrell County Probate Records