North Carolina
Hyde County
Original Will at N. C. Archives
November 21, 1907

I, John M. Mann of Hyde County, North Carolina, first revoking and declaring absolutely null all former will and testaments made by me, do now make this my last will and testament, as follows, viz:

Ist. I direct my executors, hereinafter named, to pay in full all my just debts and funeral expenses.

2nd. I give and devise to my grand-children Carrol Mann and Clyde Wade, children of my deceased son Lewis, that tract of my land situated near Engelhard, adjoining the lands of I. B. Watson and the Credle land on which Thomas Gibbs now lives, containing fifty acres more or less, together with all the privileges thereto belonging. Also a tract of land containing thirty acres more or less and described in a quit-claim deed from John E. Spencer and others to me, said deed dated 3rd day of December 1904 and alloting to me in severalty my interest in the tract of land near Engelhard N.C., purchased by me of Jones Spencer, executor of W. W. Spencer. Also my store, warehouse and lot at Engelhard, N.C.

I also give and bequeath to them the sum of Twenty Five Hundred ($2500.00) Dollars in money, Twelve Hundred and Fifty ($1250.00) Dollars to each of them, to be paid to them by my executors.

3rd. I give and devise to my son J. E. Mann, a portion of my farm near Fairfield, N.C., adjoining the lands of Thomas Mann heirs and others, which said portion shall be as follows, Beginning at a point in the Lake and in the center of my middle ditch, thence running Northwardly with the center of said ditch to the center of the Bowen ditch, thence with the center of the said Bowen ditch Westwardly to the East line of the Thomas Mann heirs land, thence with said East line of Thomas Mann heirs' land to Mattamuskeet Lake, then Eastwardly with said Lake to the beginning, together with the improvements thereon and the priveleges thereto belonging.

I also give and devise to my said son, J. E. Mann, the vacant lot on the West side of the Fairfield canal, situated at the "Turn-Round" and my interest in the ware-house and lot, situated in the village of Fairfield, N.C., which I purchased of David Carter, now deceased.

I also give and bequeath to my said son, J. E. Mann, five (5) shares of my stock in the Fairfield Canal and Turnpike Company.

I also give and bequeath to him Five Hundred ($500.00) Dollars in money, to be paid to him by my executors.

4th. I give and devise to my grand-children, Florence O'Neal, Preston, Seth and Ella Gibbs children of my deceased daughter, Kate B. Gibbs, that portion of my land situated near Middleton, N.C. and known as the "Kenneth Gibbs land", it being the tract purchased by me of D. M. Carter, together with the privileges thereto belonging.

I also give and devise to them my store, ware-house and lot at Middleton, N.C., known as the "Adams property".

I also give and bequeath to them the sum of One Thousand ($1000.00) Dollars in money, Two Hundred and Fifty ($250.00) Dollars to each of them, which I direct my executors to pay to them.

5th. I give and devise to my son, Thomas C. Mann, for the term of his natural life, a portion of my farm near Fairfield, N.C. whereon his residence is situated, which adjoins the Thomas Mann heirs and others, which said portion thus given him is described as follows, viz: Beginning at the Lake and in the center of the six (6) foot ditch between my land and the Carter land, thence running Northwardly, a straight course with the center of said ditch to the Bowen ditch, thence Westwardly with the center of said Bowen ditch to the center of my Middle ditch, thence Southwardly with the center of the Middle Ditch to Mattamuskeet Lake, thence with the said Lake to the beginning, together with all the improvements thereon and all the privileges thereto belonging. I also give and devise to him, for the term of his natural life, all my interest in the undivided lands lying North of "The New-Lands". I also give and bequeath to him the bed and suite of chamber furniture, which he has belonging to me, also five shares of my stock in the Fairfield Canal and Turnpike Company.

After the death of my said son Thomas C. Mann, if his wife, Sarah, shall survive him, I give and devise to her, during her widowhood, such a portion of the lands herein devised to my son Thomas C. Mann for life, as she would be entitled to have allotted to her in a proceeding for dower, if the lands were her said husband's in fee-simple.

The remainder in said lands, after the life estate of said Thomas C. Mann and the widowhod estate of his wife Sarah, I give and devise to the children of said Thomas C. Mann.

6th. I give and devise to my grand-children, Mary, David, Isabella, John and Rufus Carter, children of my deceased daughter, Ella J. Carter, a portion of my farm situated near Fairfield, N.C., adjoining the Thomas Mann heirs and others, which said portion is that lying between the center of the Bowen Ditch and the center of the Ensley Ditch, together with all the privileges belonging or incident to said tract of land. I also give and bequeath to them, the said children of my deceased daughter, Ella J. Carter, five (5) shares of my stock in the Fairfield Canal and Turnpike Company, also one bed and bed-stead.

7th. I give and devise to my daughter, Eumeda Clark, that portion of my Saunderson land, situated near Middleton, N.C., which I purchased of Julian S. Mann, together with all the privileges thereto belonging. I also give and devise to her a portion of the tract of wood-land alloted to me in the division of the Saunderson land between my brothers, Thomas and Edward and myself, which said portion is that lying West of the line of the East Cox Ditch, if extended straight to the Seth Gibbs line.

I also give and bequeath to my said daughter, Eumeda Clark, the sum of Two Thousand ($2000.00) Dollars in money, to be paid to her by my executors.

8th. I give and devise to my daughter, Laura M. Simmons, that tract of land which I purchased of the heirs of Dr Edward Clark and known as the "Hill Land", together with all the privileges thereto belonging. I also give and devise to her that portion of my wood-land lying North of the Roper land and south of the line between my Edward Clark land and my home-field extended to "Two Pines" and containing thirty five (35) acres, more or less.

I also give and bequeath to my said daughter, Laura M. Simmons, my piano, one incubator and brooder, one bed, bed-stead and chamber suite. Also five (5) shares of stock in the First National Bank of Washington, N.C. I also give and bequeath to her the sum of Two Thousand ($2000.00) Dollars in money, to be paid to her by my executors.

9th. I give and devise to my son, Louis H. Mann, that portion of my Saunderson land situated near Middleton, N.C., which fell to my lot in the division of what is known as the "Saunderson Farm", between my brothers, Thomas Mann and Edward L. Mann and myself, Except Only the portion of wood-land above devised to my daughter, Eumeda Clark, lying West of the line of the East Cox Ditch, if extended to the Seth Gibbs line. I also give and devise to him the privileges belonging to said tract of land.

I also give and bequeath to my said son, Louis H. Mann, one bed and bedstead, my gold watch and one half of my engine and separator.

I also give and bequeath to him the sum of Five Hundred ($500.00) Dollars in money, to be paid to him by my executors.

10th. I give and devise to my son, Herbert L. Mann, all that tract or portion of my land whereon I now reside and known as my Home-Place, together with all the improvements thereon and with all the privileges thereto belonging, Excepting only, the tract of wood-land previously described herein and devised to my daughter, Laura M. Simmons.

I also give and bequeath to my said son, Herbert L. Mann, one bed and bed-stead, my breech-loading gun, my money-safe and one half my engine and separator.

I also give and bequeath to him the sum of Fifteen Hundred ($1500.00) Dollars in money to be paid him by my executors.

11th. I hereby direct that all devisees of land herein made shall become effective on January 1st following my death, and the entire crops growing upon all my lands during the year in which my death occurs shall go into the hands of my executors for the benefit of my estate.

12th. I hereby appoint my nephew, Julian S. Mann, and my son, Louis H. Mann, my executors, and into their hands for the proper administration of this trust I commit all of my property of every kind and description, which I have not specifically bequeathed and devised in this will. They shall collect as far as possible whatever may be due my estate and may sell whatever is proper and necessary to be sold. They shall comply faithfully with my wishes and instructions as herein written and, if, upon payments of all legacies and bequests, there shall be a residue I wish them to divide the same in lawful manner among the distributees of my estate.

In testimony of all which I have hereunto subscribed my name and affixed my seal, this 21st day on November, 1907.

John M. Mann

Signed, sealed, published and declared by the said John M. Mann, the testator, to be his last will and testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses.
This 21st day of November, 1907.

C. A. Mann
J. W. Gibbs

State of North Carolina
Hyde
In the Superior Court

A paper purporting to be the last will and testament of John M. Mann deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Julian S. Mann & Louis H. Mann, the executors therein mentioned, and the due execution thereof by the said John M. Mann by the oath and examination of C. A. Mann and J. W. Gibbs the subscribing witnesses thereto; who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him, purporting to be the last will and testament of John M. Mann that the said John M. Mann in the presence of this deponent subscribed his name at the end of said paper-writing, which is now shown as aforesaid, and which bears the date of the 21st day of November, 1907.
And the deponent further saith, That the said John M. Mann the testator aforesaid, did at the time of subscribing his name as aforesaid declare the said paper-writing so subscribed by him, and exhibited to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said will, as an attesting witness thereto, and at the request and in the presence of said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said John M. Mann was of sound mind and memory, of full age to execute a will, and was not under any restraint, to the knowledge, information or belief of this deponent: And further these deponents say not.

C. A. Mann
J. W. Gibbs

Severally sworn and subscribed this 31st day
of January, 1908, before me
Hugh J. Spencer
Clerk Superior Court

North Carolina
Hyde
In the Superior Court

It is therefore considered and adjudged by the Court that the said paper-writing and every part thereof is the last will and testament of John M. Mann, deceased. Let the said will, together with probate, be recorded and filed.
This 31st day of January, 1908.

Hugh J. Spencer
Clerk Superior Court

(Transcriber's Note: Although there are no documents indicating this will was also filed in Tyrrell County, some of the land involved may have been at least partially in Tyrrell County and the will is in the Tyrrell County file of original wills at the North Carolina Archives.)

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Updated March 24, 2014
Charles W. Barnes