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North Carolina
Tyrrell County
Original Will at N. C. Archives
May 18, 1870
In the name of God Amen: I, John Owens of the county of Tyrrell & state of North Carolina, being of sound mind and {two smeared words}, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following, to wit -
Item 1st I lend to my dearly beloved wife Sally all my property both real and personal of every kind name and nature to have and to hold during the term of her natural life -
Item 2nd After the death of my wife Sally I give and devise to my daughter Phebe Roughton & her children the tract of land on which I now live, containing thirty three acres or thereabouts joining the lands of James Swain J. ? A. Belanga and others in Tyrrell County to have and to hold to her and her children for ever.
Item 3rd After the death of my said wife I give and bequeath all my personal property that may then remain to my three children Ephraim Mary and Uriah to be equally divided between them share and share alike.
I hereby nominate and appoint my friend Eli Spruill executor to this my last will to carry out the intent of the same to all intents and purposes - May 18, 1870 -
John Owens
Signed, sealed, published and
declared by the said John Owens
to be his last will and testament,
in the presence of us, who at
his request and in his presence
do subscribe our names as
witnesses thereto -
M. D. L. Newberry
Elijah A. Belanga
North Carolina
Tyrrell County
In the Probate Court before Eli Spruill Probate Judge
In the matter of the
probate of the last will
& testament of John Owens decd
The application of Sallie Owens and Phebe Roughton to prove the last will and testament of John Owens represents -
I That John Owens late of the county of Tyrrell died domiciled in said county in the month of January 1872 leaving a last will & testament, and that Eli Spruill was the executor named in said last will & testament of the said John Owens, and that the said Spruill has not offered said last will & testament for probate & that sixty days has elapsed since the death of the said Owens, and that the said Sallie Owens and Phebe Roughton who intermarried with Edward Roughton in the year of 1857 are the legatees named in said last will & testament, and are therefore the parties in interest -
II That said estate is worth about one hundred and fifty dollars and that it consists of both real & personal property
III That Uriah Owens, Ephraim Owens, Mary Etheridge and Phebe Roughton are the sole heirs at law of the said John Owens, and that they all reside in Tyrrell County except Ephraim Owens who resides in Washington County -
Arthur Spruill
Atty for Applicants
Edward Roughton being sworn says the facts set forth in the foregoing application are true to the best of his knowledge & belief
Edward (his mark) Roughton
Sworn and subscribed before Eli Spruill Probate Judge
Tyrrell County: In the Probate Court
Be it remembered that on this 11th day of May 1872, was exhibited before me the undersigned Judge of Probate and Clerk of
the Superior Court for Tyrrell County, a paper writing purporting to be the last will and testament of John Owens
decd, late of said county by Sallie Owens and Edward Roughton & wife Phebe, the legatees named in
said will, at which time personally appeared before me M. D. L. Newberry and Elijah Belangy the subscribing
witnesses to said will, who being sworn say each for himself, that he is a subscribing witness to the paper writing shown
him and that it is the last will & testament of John Owens decd and that said Owens signed said paper writing
in their presence and that, at the request of said testator, they signed said paper writing as subscribing witnesses, and
that said Owens declared the said paper writing to be his last will & testament and further that said Owens
at the time of signing the same was of sound mind and of full age and that he was not under any restraint to their knowledge.
It is therefore adjudged that said paper writing is the last will & testament of said John Owens, and it is hereby
ordered and decreed that said last will & testament be admitted to probate and it is hereby admitted to probate and
ordered registered.
Witness Eli Spruill Judge of Probate for Tyrrell County day and date above written
Eli Spruill
Judge of Probate
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