Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, Page 314
Dated 8 May 1888
North Carolina,)
Tyrrell County.)
I, S. S. Simmons, of the county and state, aforesaid, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last Will and testament in manner, and form following: - That is to say -
First: - I give and devise to my son Joseph W. Simmons, and wife, Amanda, all my real, and personal property, of all kind, said property lying and being in North Carolina & South Carolina or wheresoever the same shall be, at the time of my death.
Secondly: I desire my son Joseph W. Simmons to pay a note Richd I. Hassell of Tyrrell Co. N.C. hold against me - for $60.00 odd dollars. Also to pay to John Moore's estate, an account I owe it, of $60.00 or $70.00 or what ever that amount may be, also to pay to George W. Tarkinton an ofc, - he has against me, for board - & other expenses - incidental to my sickness.
Also to pay all my funeral & burial expenses, medical bills, &c.-
I also give, and bequeath to my wife Polly Simmons: the sum of $1.00 to be paid out of my personal estate.
I hereby, constitute and appoint my son, Joseph W. Simmons; Geo. W. Tarkinton, and Thomas W. Swain, my lawful executors, to all intents, and purposes, to execute this my last will and testament, according to the true intent and meaning of the same, and every part, and clause thereof, hereby revoking, and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof, I, the said S.S. Simmons, do hereunto set my hand and seal, this 8th day of May, 1888. -
S. S. Simmons (seal)
Signed, sealed, published and declared by the said S. S. Simmons 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.-
J. L. Howell
E. G. Eborn
North Carolina) In the Superior Court,
Tyrrell County) before T. L. Jones, Clk.
In the matter of )
The last Will & testament)
Of S.S. Simmons )
Affidavit
A paper writing bearing date of May 8th, 1888, purporting to be the last will & testament of S.S. Simmons, with Joseph W. Simmons, Geo. W. Tarkinton and Thomas W. Swain named therein as executors and the names of J. L. Howell and E. G. Eborn subscribed as attesting witnesses thereto, being exhibited before the Court by the said Joseph W. Simmons for probate, the said J. L. Howell and E. G. Eborn being duly sworn depose and say, and each for himself says that on the 8th day of May, 1888 the said S. S. Simmons in their presence signed the said paper writing and declared the same to be his last Will and testament, and that they, the said J. L. Howell and E. G. Eborn at the request of said S.S. Simmons, and in his presence and in the presence of each other, subscribed their names as attesting witnesses to the same.
And the said J. L. Howell and E. G. Eborn on oath further say that at the time of making said Will and testament by the said S.S. Simmons, they believe that he was of sound mind and memory and capable of making a Will.
J. L. Howell
E. G. Eborn
Sworn to and subscribed before me, June 13th 1888
T. L. Jones, Clerk
Superior Court
North Carolina, )
Tyrrell County )
In the Superior Court
In the matter )
of )
Probate of Will
The last will and testament )
of S. S. Simmons )
A paper writing bearing date of May 8th, 1888, purporting to be the last Will and testament of S. S. Simmons, with Joseph W. Simmons, Geo. W. Tarkinton and Thos. W. Swain named therein as executors to the same, and with the names of J. L. Howell and E. G. Eborn subscribed as attesting witnesses thereto being this day exhibited by the said Joseph W. Simmons for the probate and the execution thereof being proved by the oath and examination of the said J. L. Howell and E. G. Eborn who being duly sworn say, that on the 8th day of May 1888, the said S. S. Simmons signed paper writing in their presence and declared the same to be his last Will and testament, and that they the said,J. L. Howell and E. G. Eborn in the presence of each other and at the request of and in the presence of the said S. S. Simmons signed their names as attesting witnesses thereto; and it appearing further that at the time of making said will and testament the said S. S. Simmons was of sound mind and disposing memory.- It is therefore considered, adjudged and decreed by the court that the said paper writing is the last will and testament of S. S. Simmons and it is ordered that the same be recorded and that letters testamentary issue to G. W. Tarkinton.
June 13th 1888,
T. L. Jones, Clerk.
Note
North Carolina,
Tyrrell County.
The recordation of the foregoing last will and testament of S. S. Simmons, deceased, &c. as appears from the record on pages 136 & 137 being incomplete - the probate thereto attached having been completely eliminated from the record of the same - upon request of parties materially interested in the devises therein made - it is ordered that the said last will and testament of S. S. Simmons, deceased, together with the affidavit and probate thereto attached be recorded in full.
This 11th day of June, 1914.
W. M. Brickhouse,
C. S. C.
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