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North Carolina
Tyrrell County
Original Will at N. C. Archives
March 19, 1887
In the name of God Amen.
I Austin Parisher being of sound mind and disposing memory do make & constitute this to be my last will and testimony in manner and form folowing: to wit; first I give my sole to God from whence it came and my body to its mother earth.
Item II. I loan all of my lands of every nature and description, with all the privilages and appurtenances thereunto belonging also all of my household and kitchen furniture and stock of every description to my loving wife Eliza J. Parisher during her natural life. And at her death then to be divided as follows.
Item III. I give and bequeath to my daughter Marth A. Holida the following described lands as follows beginning at a black gum standing within five feet of the northward side of the rail road, and running westwardly the same course of the road that runs through my field to the Second Creek Swamp thense northwardly along the centre of the swamp to the fork of the swamp, thense southwardly and eastwardly to the first station containing twenty acres more or less with all the privilages and appurtenances thereunto belonging to her and her heirs and assigns forever.
Item IIIIII. I loan to my son James E. Parisher during his natural life time and at his death I give to his lawful children if any all the remaining part of my real estate not heretofore given to my daughter Martha A. Holida and if my said son James E. Parisher should die leaving no lawful child or children then in that case it is my wish and desire that the same shall go to my daughter Martha A. Holida if living if not then to her heirs. And when my said son shall come into possession of the above lands and as soon as possible shall pay to my daughter Martha A. Holida one hundred dollars.
Item IV. At the death of my said wife I want all of my farming utensils with the cart buggy and horse to remain on the said lands and belong to my said son James E. Parisher.
Item V. At the death of my said wife I give and bequeath to Annettie Owens the adopted girl in my family one bed of the first choice and after she shall have the said bed & further then all of the remaining portion of my house hold and kitchen furniture is to be equally divided my daughter Martha A. Hollida and the said adopted girl in my family Annettie Owens.
And lastly I constitute and appoint my loving wife Eliza J. Parisher my lawful executrix with Joseph A. Spruill my lawful executor to assist each other in seeing and causing this my last will and testament to be inforced according to my desire and wishes as above. And that R. P. Felton be and act as attorney for them in the settling of said estate. In testimony whereof I have hereunto set my hand and seal in the presents of B. Jones & M. D. L. Newberry who at my request signed the same as witnesses on this 19th day of March 1887.
Austin Parisher
Witness
B. Jones
M. D. L. Newberry
North Carolina
Tyrrell County
Superior Court
In the matter
of
the last will and testament
of Austin Parisher
Dissent
July 3rd, 1889
To T. L. Jones Esq., Clerk of the Superior Court for Tyrrell County
I, Eliza J. Parisher hereby give notice to whom it may concern, that I dissent from the last will and testament
of my deceased husband, Austin Parisher, which is exhibited by Joseph A. Spruill executor therein named, for
probate, and I hereby decline qualifying as executrix to the said will, as I prefer such provision as the law otherwise
provides rather than take under the will.
Respectfully Submitted,
Eliza J. Parisher
Witness
R. P. Felton
Tyrrell County - Superior Court
Eliza J. Parisher, widow, and
Jas. E. Parisher, Martha A. Holida,
and husband Thomas Holida, heirs at
law of Austin Parisher decd
to
The Court
The petition of Eliza J. Parisher, widow, and Jas. E. Parisher, Martha A. Holida and Thomas Holida her
husband, heirs at law of Austin Parisher, deceased, respectfully refereth
1. That on the {blank} day of {blank} 1889, Austin Parisher, husband of Eliza J. Parisher, died domiciled in
Tyrrell County, leaving a last will and testament , and leaving as heirs at law the following children viz Jas. E.
Parisher and Martha A. Holida, wife of Thomas Holida.
2. That Eliza J. Parisher widow of Austin Parisher, deceased, has filed her dissent to the said will
and testament in the office of the Clerk of the Superior Court of Tyrrell County.
3. That at his death, the said Austin Parisher was seized and possessed in fee simple of the tract of land on
which he lived, bounded by the lands of Tiimothy Swain, Jesse Hassell, Daniel Roughton, Thomas Holida and others,
and containing {blank} acres more or less.
4. That all the heirs of Austin Parisher are of the full age of twenty one years, and all reside in Tyrrell
County, and with the widow, are petitioners in this petition.
5. Eliza J. Parisher and the heirs at law aforesaid, desire to have her dower laid off and allotted to her out
afsaid land according as she is entitled by law and therefore the said Eliza J. Parisher and the said heirs at law
pray that she may have one third of said land in value allotted to her by a jury of not less than three men, qualified as
prescribed by law, to hold during the term of her natural life.
Eliza J. Parisher
Jas. E. Parisher
T. F. Holadia
Martha A. (her mark) Holida
Witness T. F. Holadia
North Carolina
Tyrrell County
Superior Court
Joseph A. Spruill
to
The Court
Joseph A. Spruill on oath says that on or about the {blank} day of June 1889 Austin Parisher died
domicilled in Tyrrell County leaving a last will and testament bearing date of March 19, 1887 in which the said Joseph
A. Spruill is named as executor and Eliza J. Parisher is named executrix but the said Eliza J. Parisher
dissents from the same;
That the parties named in said will as legatees and devisees are besides Eliza J. Parisher, Jos. E. Parisher,
Annettie Owens and Martha Holadia, all of Tyrrell County and of full age except Annettie Owens who is
this affiant is informed under the age of fifteen years;
That the estate of said Austin Parisher consists of land and of the value of about $750 and
personal property such as farming implements, live stock house and kitchen furniture etc. to the value of about $250 so far
as this affiant has yet ascertained.
Wherefore this affiant asks that the said will and testament be admitted to probate and that letters testamentary be
issue to him for the estate of Austin Parisher.
Jos. A. Spruill
Sworn to and subscribed before me July 20 '89
T. L. Jones Clerk Superior Court
North Carolina
Tyrrell County
Superior Court
In the matter
of
the last will
and testament
of Austin Parisher
A paper writing purporting to be the last will and testament of Austin Parisher, bearing date of March 19th, 1887
with the names of B. Jones and M. D. L. Newberry subscribed as attesting witnesses thereto, and Eliza J.
Parisher and Joseph A. Spruill named therein as executrix and executor to the same is exhibited by Joseph A.
Spruill executor therein named before the undersigned Clerk of the Superior Court of Tyrrell County for probate; and
the execution of the same is proved by the oath and examination of the said B. Jones and M. D. L. Newberry,
who being duly sworn say and each for himself deposes and says that on the 19th day of March 1887, the said Austin
Parisher, in the presence of them the said B. Jones and M. D. L. Newberry, signed his name to the said
paper writing herein before described and hereto annexed and declared the same to be his last will and testament; and also
at the request of the said Austin Parisher they the said B. Jones and M. D. L. Newberry in his
presence and in the presence of each other and at his request subscribed their names as attesting witnesses to the same.
And furthermore the said B. Jones and M. D. L. Newberry on oath say that they believe that at the time
of the making of said paper writing the said Austin B. Parisher was of sound mind and memory and capable of making
a will.
B. Jones
M. D. L. Newberry
Sworn and subscribed to before me July 20th 1889
T. L. Jones Clerk Superior Court
It is therefore considered adjudged and decreed by the court that the annexed paper writing described in the foregoing
affadavit of B. Jones and M. D. L. Newberry is the last will and testament of Austin J. Parisher; and
that the same with the affidavit be recorded, and letters testamentary issue to Jos. A. Spruill the executor therein
named, Eliza J. Parisher named as executrix having renounced discented from the will.
T. L. Jones Clerk Superior Court
State of North Carolina,
Tyrrell County
ss. In the Probate Court
I, Jos. A. Spruill do solemnly swear (or affirm) that I believe Austin Parisher, died leaving a last will and testament which is hereto attached; and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Austin Parisher and a true and perfect inventory thereof return as provided by law; and all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability: So help me God.
Jos. A. Spruill
Sworn and subscribed before me, this 26th day of Jul 1889
T. L. Jones Clerk Sup. Court
Superior Court Tyrrell County
Decree for Dower Nov. 16, 1889
Eliza J. Parisher, widow, and
James E. Parisher, Martha A.
Holidia, and husband Thomas
Holadia, heirs at law of
Austin Parisher decd.
To
The Court
This cause coming on for hearing upon the petition of Eliza J. Parisher, widow, and Jas. E. Parisher, Martha A. Holidia, and husband, Thomas Holadia heirs at law of Austin Parisher, decd, and it appearing to the court that all of the heirs have joined in the petition:
It is considered and adjudged by the Court that the petitioner Eliza J. Parisher is entitled to dower in the land of her deceased husband, described and referred to in the complaint or petition; and it is decreed that a writ issue to the sheriff commanding him to summon a jury of not less than three free holders to set apart and allot to said widow dower in said lands according to law
T. L. Jones Clerk
State of North Carolina
To the Sheriff of Tyrrell County
Greeting
Whereas upon the petition of Eliza J. Parisher widow of Austin Parisher decd in which petition the heirs at
law of the said deceased joined a decree has been made that she is entitled to dower in the following land as follows: the
tract on which he lived and died and bounded by the lands of Timothy Swain, Jesse Hassell, Daniel Roughton, Thomas
Holadia and others.
You are commanded to summon three, unless the duties demand a greater number, and then not more than twelve freeholders,
unconnected with the parties by consanguinity or of ? and entirely disinterested who after being duly sworn by you, are to
allot and set off to the said Eliza J. Parisher by proper metes and bounds, one third of the said lands in value
including the dwelling house and outhouses during the term of her natural life and the allotment of dower made by said
jury, after being reduced to writing, and signed by them, you are to return into this court within five days after such
allotment.
Nov. 16th 1889 - T. L. Jones Clerk
Report of Jurors alloting Dower to the Clerk of the Superior Court of Tyrrell County, N. C.
Purssuant to a summons by the sheriff of Tyrrell County we the undersigned jurors assembled on the premisses described in
the writ of dower hereto annexed on the 25 day of November 1889, and after being duly sworn by B. Jones Shff proceeded
to lay off and allot to Elizer Parisher her dower and thirds in the lands of Austin Parisher deceased according
to the following meets and bounds beginning at a pine stump running westerdley down the fence to the back fence then
southerdley a long the back fence to an oake fiftey four yds then westerdley to the back line then northedley to
Thos Holadys & wifes line then along their line to a black gum easterdley then northerdley down his line to
Timothy Swains and with his line to a seeder post then southerdley to the first station, including the dwelling
house offices out houses buildings and improvements thereon
this 25th Novm 1889
Witness
B. Jones Shff
Timothy Swain
H. S. Norman
Enoch Bateman
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