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State of North Carolina
Tyrrell County
Book 1, page 139
Dated 2 October 1783
In the name of God amen: I James Smith of the County of Perquimons and State of North Carolina being sick of body but sound in memory praised be the Almighty do make and ordain this my last Will and Testament in manner and form following Viz. First of all I recommend my soul to God who first gave it me and my body to the ground to be buried in a Christian like manner by my Executors whom I shall hereafter nominate.
First of all I lend the use and occupation of all my Estate real and personally unto my beloved wife Rachel Smith during her natural life or as long as she remains my widow.
Item - I give and bequeath unto my grand daughter Rachel Hinds one horse named Baul.
Item - I give and bequeath unto my loving daughter Elizabeth Snipes five shillings sterling as her part of my Estate.
Item - I give and bequeath unto my loving daughter Delilah Hinds five shillings sterling as her part of my Estate.
Item - After the marriage or decease of my beloved wife Rachel Smith I give and bequeath all the residue of my Estate real and personally unto my loving son John Smith and his heirs forever.
Item - I hereby ordain and appoint these my two loving relations John Swain and Joshua Swain my Executors to this my last Will and Testament revoking all other Will or Wills made by me in testimony whereof I have hereunto set my hand and affixed my seal this second day of October 1783.
Signed Sealed Published and
Pronounced in presence of
James Smith (Seal)
J. Frasier
Stephen Wiley
Tyrrell County Jany Term 1784
Personally appeared Jeremiah Frasier Esq. and made oath on the Holy Evangelist of Almighty God that he saw and heard
James Smith above named sign, seal, publish, pronounce & declare the above writing to be his last will and testament and at
that time he was of sound mind & memory - also at the same time he saw Stephen Wiley as subscribing witness thereto sign at
the time afsd. and further saith not -
Test. T. Mackey Clk.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1784
Appeared in open court Joshua Swain and exhibited the last will and testament of James Smith deceased which was proved by the oath of Jeremiah Frasier Esqr. and he saw Stephen Wiley sign at the same time as subscribing witnesses thereto and ordered to be recorded - also the said Joshua Swain produced in open court an inventory of the estate of the said James Smith deceased on oath and ordered to be filed & qualified as executor to the last will and testament of James Smith deceased.
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