State of North Carolina
Tyrrell County
Book 4 Page 152
Dated 29 July 1884
Columbia N. C. July 29th 1884
Being of sound mind and memory I Wm. McClees of the state of North Carolina make
this my last will and testament on this 29th day of July A. D. eighteen hundred and eighty-four.
Item 1st. Reposing special trust and confidence in my sons Walter and Wm. D. McClees, I hereby
appoint them my executors to fulfill and execute this my last will and testament.
Item 2nd. It is my expressed wish that the Probate Court or any other lawful authority acting on this will;
will grant said Walter and Wm. D. McClees letters testamentary without requiring them to give bond for the
faithful discharge of their duties as my exeutors.
Item 3rd. It is my wish that my lawful wife Buena V. McClees shall have all of my house hold and
kitchen furniture, with the exception of two beds, these being intended to belong to my two sons Walter and
Wm. D. McClees. I also bequeath to her one best horse and $300.00 as her dower.
Item 4th. I wish that my lawful wife Buena V. McClees shall have as her thirds during her natural
lifetime, that portion of the place where I now live running east to a ditch about 170 feet from the
present location of my stockhouse and as far back as my back line with this exception, that if either of my
children lawful issues of my body, ever wish to build that they shall have a lot either to the east or west
of my present location (house) or both, either lot to consist of three quarters of an acre or thereabouts. In case
they so choose to build my wife shall have as much cleared land to the east of the ditch as their lot or lots
shall contain.
Item 5th. It is my desire that my children lawful issue of my body and my wife Buena V. McClees,
shall share and share alike in my chattle property Item 3d being extra.
Item 6th. It is my wish that my childrens share of my estate be duly valued by three disinterested persons
of sound mind and judgement and said estimated value be duly certified to and put on the records of the county;
now a sufficient sum of money or property to cover the entire estimated value as above shall be forever
exempt from all judgements, executions or ? of any kind for security debts or debts of endorsements.
Item 7th. It is my earnest request to my beloved children that when they become of age read carefully and
folow strictly my advice in this item. "Be careful how you sign security." It matters not how plausible and
secure the case may appear, there is danger in the very act. Therefore to guard my estate from the Wiley
Sharper that may surround and ruin you I hereby make you incompetent as securitys for any one so far as any
money or property you may inherit from me can be involved.
Now having fully and explicitly as possible stated my wishes as regards my property and who shall inherit it,
I would farther say that I wish this will to stand in any of the Courts of North Carolina.
In witness whereof I hereunto set my hand and afix my seal in the presence of three competent witnesses.
Wm. McClees
We the subscribing witnesses to this instrument saw Mr. Wm. McClees sign his
name thereto and heard him say at the time that he fully understood what he was signing. We also signed
in the presence of each other.
C. A. Swain
Superior Court Tyrrell County
A paper writing purporting to be the last will and testament of Wm McClees deceased
bearing date of July 29th 1884, and with Wm. D. McClees and Walter McClees named therein as executors
to the same and with the names of C. A. Swain, W. R. Spruill, and Jos. G. Brickhouse as subscribing
witnesses thereto, is exhibited for probate and the execution of the same is proved by the oath and
examination of the said W. R. Spruill and Jos. G. Brickhouse (C. A. Swain being a nonresidnt of
the state of North Carolina) who being duly sworn depose and say and each for himself says: that they together with
C. A. Swain were present at the time of the signing and sealing of said will and testament and that
they saw Wm. McClees sign the same at the date therein named and that in their presence the said
Wm. McClees declared the same to be his last will and testament, and also at the request of the said
Wm. McClees and in his presence and in the presence of each other they the said C. A. Swain, W. R.
Spruill and Jos. G. Brickhouse subscribed their names as attesting witnesses to the said last will and
testament and at the time of signing and sealing said last will and testament the said Wm. McClees
declared said paper writing to be his last will and testament and furthermore that they believe that the said
Wm. McClees at the date named in said paper writing that is at the end of the same, was of sound mind
and memory and capable of making a will.
W. R. Spruill
Sworn to and
T. L. Jones Clerk
W. R. Spruill
Jos. G. Brickhouse
In the matter of
the last will and testament
of Wm. McClees decd
Jos. G. (his mark) Brickhouse
subscribed to before me
this 7th day of November 1894
Superior Court
Return to Tyrrell County Probate Records
Updated April 23, 2015
Charles Barnes