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North Carolina
Tyrrell County
Original Will at N. C. Archives
July 19, 1909
I, W. E. Shallington of the state and county aforesaid being of sound and disposing mind and memory but realizing the uncertainty of my earthly existence, do make and declare this my last will and testament.
First. I desire my executor hereinafter named to give my body a decent burial suitable to the wishes of my family and to mark my grave with a suitable monument, and to pay the cost of the same, and all just debts by me owing at the time of my death out of the first moneys coming into his hands as my executor.
Second. My executor hereinafter named shall sell for cash at either public or private sale all of the merchantible juniper (?) trees standing on my lands in Tyrrell County, and shall divide the money arising from the sale of same equally among my children, share and share alike. But this item of my will does not include the timber on my home place in Alligator Township, known as the Ben. F. Sikes place, hereinafter devised to my son Thomas B. Shallington, it being my will and desire that he shall have the timber on that tract as well as the land itself. In the division of the money arising from the sale of timber my son Thomas B. Shallington shall share ratably with my other children.
Third. I give and devise unto my beloved wife Hattie E. Shallington for the period of her life time or widowhood my house and lot in the town of Columbia and my home farm in Alligator Township, known as the Ben. F. Sikes place the house and lot in Columbia being the property that was conveyed to me by James Norman and wife, adjoining the Methodist parsonage lot and others. I also give and bequeath unto my beloved wife, Hattie E. Shallington my household and kitchen furniture of every description.
Fourth. I give and devise unto my son, Thomas B. Shallington, subject to the life estate of my wife therein, that part of my lot in Columbia contained in the following boundaries. Beginning on the north side of Main Street at the corner between my lot and the lot known as the Methodist Parsonage lot, thence northwardly along the dividing line between my lot and the Methodist Parsonage lot to Bridge Street, thence eastwardly along Bridge Street sixty three feet to a post, thence southwardly parallel with the Methodist Parsonage line and sixty three feet therefrom to Main Street, thence westwardly along Main Street sixty three feet to the place of beginning. I also give and devise unto my son Thomas B. Shallington, subject to the life estate of my wife, my home place in Alligator Township, known as the Ben. F. Sikes place.
Fifth. I give and devise unto my beloved daughter, Lelah Davis, subject to the life estate of my wife therein, the eastern part of my lot in Columbia, it being the part of said lot, bounded on the west by the part of said lot devised in item fourth to my son Thomas B. Shallington, and being the balance of said lot not devised to my son Thomas B. Shallingon. The said devise to my daughter Lelah Davis being a strip forty eight and one half feet wide extending through from Main Street to Bridge Street, and fronting forty eight and one half feet on each of said streets.
Sixth. I give and devise to my son Thomas B. Shallington all my lands in Tyrrell County, North Carolina, not herein otherwise disposed of.
Seventh. I give and bequeath to my son Thomas B. Shallington all of my property of all kinds not herein otherwise disposed of.
Eighth. I hereby constitute and appoint my son Thomas B. Shallington my lawful executor to all intents and purposes to execute this my last will and testament, and he shall collect all debts owing to me. He to act without giving any bond.
I hereby revoke and declare utterly void all other wills and testaments by me heretofore made.
In witness whereof I the said W. E. Shallington do hereunto set my hand and seal, this 19th day of July 1909.
W. E. Shallington
Signed, sealed, published and declared by the said W. E. Shallington 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, do subscribe our names as witness thereto -
Mark Majette
T. W. Jones
North Carolina
Tyrrell County
Superior Court
Before the Clerk
The paper writing hereto attached and purporting to be the last will and testament of W. E. Shallington, deceased, is exhibited before the undersigned clerk of the Superior Court of Tyrrell County, North Carolina, by T. B. Shallington, the executor therein named, and thereupon the following proof thereof is taken by the oath and examination of T. W. Jones one of the subscribing witnesses thereto, and of A. Melson, as follows:
North Carolina
Tyrrell County
T. W. Jones, being duly sworn, deposes and says that he is a subscribing witness to the said paper writing now shown him purporting to be the lst will and testament of W. E. Shallington, bearing date of July 19th 1909, and that he saw the said W. E. Shallington execute, sign, seal publish and declare said paper writing as his last will and testament, and that this affiant and Mark Majette who is now deceased, attested it in the presence and at the request of said W. E. Shallington at the time of the execution thereof, and that said W. E. Shallington saw them sign their names as attesting witnesses.
T. W. Jones
Sworn to and subscribed before
me this 10th day of
December, 1921.
W. N. Norman
Clerk Superior Court
Tyrrell County.
North Carolina
Tyrrell County
A. Melson, being duly sworn, deposes and says that he is well acquainted with the handwriting of Mark Majette one of the subscribing witnesses to the paper writing purporting to be the last will and testament of W. E. Shallington deceased dated July 19th, 1909, having often seen him write, and that the name of the said Mark Majette subscribed as a witness to said will is in the genuine handwriting of said Mark Majette; and affiant further swears that he is well acquainted with the handwriting of W. E. Shallington, deceased, whose will said paper writing hereto attached purports to be, having often seen him write, and that the name of said W. E. Shallington subscribed to said will is in the genuine handwriting of said W. E. Shallington.
A. Melson
Sworn to and subscribed to before
me this 10th day of December, 1921.
W. N. Norman
Clerk Superior Court
Tyrrell County.
And thereupon it is considered and adjudged by the court that said paper writing, and every part thereof, is the last will and testament of W. E. Shallington, deceased, and it is ordered that the same, together with the foregoing affidavits and certificates be filed and recorded.
This December 10th 1921
W. N. Norman
Clerk Superior Court
Tyrrell County
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