Return to Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 11
Dated 11 Oct 1865
I Simeon Rhodes of the County of Tyrrell and State of North Carolina being of sound and disposing mind and memory do make and ordain publish and declare this my last will & Testament in manner & form as Follows to Wit.
First: My will & desire is that all my funeral expenses shall be paid out of the first moneys that shall come into the hands of my Executor or Executors, and next all my just debts that I may owe to any person to be paid by my Executor or Executors hereinafter named.
Secondly: I give and bequeath to my son Benjamin Rhodes and to his wife Dicey Rhodes during the term of their natural life and after their death to my grand daughter, Laura Ann Rhodes, the tract of land whereon my said son Benjamin Rhodes now lives, said land commencing at the mouth of my big ditch and running eastwardly along the said ditch to my back line, said line dividing my land into two equal parts, my will and intention being to give my said son Benjamin one half of my land, during his life time, and then the same to go to my granddaughter Laura Ann, to her & her heirs forever.-
Thirdly: I hereby lend unto my son Matthew Rhodes during the term of his natural life and at and after his death to my Grandson Abner Rhodes, all that tract of land upon the south side of my big ditch, the said tract being that portion of my land whereon I now live. My said son Matthew to have & enjoy the said land during his life. and the same to go to my Grandson Abner Rhodes, ager the death of his father Matthew, to him my said grandson his heirs & assigns forever. My will & desire being that my said son Matthew shall have the other half of my land, not given to my son Benjamin during his natural life, and the same land, after his death to my grandson Abner Rhodes, his heirs & assigns forever.-
Fourth: I hereby give & bequeath to my son Lewis Rhodes the bed upon which I sleep together with the bedstead and all the covering & furniture belonging thereto, to him & his heirs forever.-
Fifth: My will & desire is that all of my property, of whatsoever description, not herein before named shall upon my death be sold by my Executors at public sale on the best of terms, as he shall deem proper & best. And the proceeds of such sale be equally divided among my children. To Wit: Lewis Rhodes, Marilla Swain, Milly Ann Norman, Elizabeth Raynold and Jemima Rhodes, the above five children to have share & share alike in the proceeds that may arise from the sale of the property named in this fifth clause of my will to them & their heirs forever.-
Sixth: I hereby nominate constiuit and appoint trusty and worthy friend Joseph G. Brickhouse to be my true and lawful executor to this my last Will and Testament hereby enjoining upon him strictly to carry into effect each & all the provisions of the same in accordance with their true intent and meaning.
Signed, Sealed & delivered as my last Will & testament this 11th day of October A.D. 1865.
In presence of us
BW Foster
Wm L spruill
Leml Basnight
(Signed) Simeon (his -x- mark) Rhodes (Seal)
State of North Carolina
Tyrrell Count. In the Probate Court
In the matter of the Will of Simeon Rhodes
Before Eli Spruill Judge of Probate.
Joseph G. Brickhouse being sworn doth say that Simeon Rhodes late of said County is dead, having first made and published his last will and Testament; and that Joseph G. Brickhouse is executor named therein.
Further that the property of the said Simeon Rhodes consisting of real & personal estate is worth about $400. so far as can be ascertained at the date of this application, and that Benj. Rhodes and wife Dicy, Laura Ann Rhodes, Matthew Rhodes, and Abner Rhodes, Marilla Swain, Milla Ann Norman, Elizabeth Raynolds, Jemima Rhodes all of full age and residing in Tyrrell County are the parties entitled under said will to the said property.
(Signed) Jos. G. Brickhouse
Sworn to and subscribed before me, this 1st day of November 1870
(Signed) Eli Spruill
Probate Judge
State of North Carolina
Tyrrell County Probate Court
November 1st 1870
This day was exhibited in open Court, for probate by Joseph G. Brickhouse. A paper writing purporting to be the last will and Testament of Simeon Rhodes. At which time and place appeared Wm L. Spruill and Leaml Basnight two of the subscribing witnesses there to who being sworn saith that the said Simeon Rhodes executed said paper writing as his last will and Testament in their presence and at his request, they and each of them in his presence did sign the same and subscribing witnesses thereto, and that in their opinion the said Simeon Rhodes was of sound mind and memory and was not under any restraint to their knowledge.
On motion of the said Executor it is declared by the Court that the said paper writing pronounced is the last will and Testament of Simeon Rhodes. And ordered that the same be recorded together with this certificate and application and affidavet of said Executor.
(Signed) Eli Spruill
Probate Judge
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