SMITH, A. H.

State of North Carolina
Tyrrell County
Original Will
Dated 24 Jan 1856

In the name of God amen. I A. H. Smith of the County of Tyrrel and State of North Carolina, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my last will and testament: That is to say, First, I leave to be sold by my executor hereinafter named all of my Cypress and Juniper Swamps on a credit of six months, with the exception of the swamp belonging to the homestead plantation also all of my fishing aparatus, seine, flat, canoes etc. all of my stock of cattle with the exception of four cows & calves & one work ox, being my wife Nancy's choice therein - all of my horses with the exception of one being the choice of my said wife - and also that my executor hereinafter named collect all the notes etc. that he can, which may come into his hands & out of said sales & collections, and after my death my body to be decently burried, my burrial expenses paid and a set of tombstones erected at my head and feet, after which then pay all my just debts to whom they may be justly oweing - I leave also to my executor fifty dollars out of said sales & collections for his services as executor thereto and the balance of said funds if any I give unto my wife Nancey to be paid over to her by my executor hereinafter named, then I lend unto my said wife Nancey all my property both real and personal during the term of her natural life or widowhood, and at her death or marriage I give unto Benjn. F. Pritchet son of Kissy Pritchet the tract of land where on I die seized or possessed known by the name of the Black Walnut land, also the piece of swamp belonging to said tract to have and to hold the same unto his heirs and assigns if any lawfully begotten of his body - I leave the balance of my property to be equally divided between the said Benjn. F. Pritchet son of Kissy Pritchet and Nancy Crain daughter of Thos & Caroline Crain and to their lawful heirs if any begotten of their body - In the event the said Nancy Crain or Benj. F. Pritchett should die leaving no lawful issue I give the property of the one that dies leaving no lawful issue to the one living or his or her lawful issue if any and in the event the said Nancy Crane and Benjn. F. Pritchett should die leaving no lawful issue I give the property of the one that dies leaving no lawful issue to the one living or his lawful issue if any - And in the event the said Nancy Crain and Benjamin F. Pritchet both die without any lawful issue I give and bequeath the property they or either of them die seized or possessed to Benjn. F. Owens son of Joseph Owens decd his heirs and assigns forever
And I hereby nominate constitute and appoint William J. Beasly executor of this my last Will and Testament hereby revoking and declaring utterly void all other wills and testaments by me heretofore made -
In witness whereof I the said A. H. Smith do hereunto set my hand and seal this January 24th 1856. Signed, Sealed and published and declared by the said A. H. Smith to be his last Will and Testament in the presence of us who at his request and in his presence do subscribe our hands and names as witnesses thereto

A. H. Smith (Seal)

Witnesses
R. D. Owens
G. L. Owens

Tyrrel County Court
Oct. Term 1858

A paper writing (to wit this one) purporting to be the last will and testament of A. H. Smith, deceased, is exhibited for probate in open court, by William J. Beasley the executor therein named, and the due execution thereof by A. H. Smith as proved by the oaths and examination of R. D. Owens & G. L. Owens the subscribing witnesses thereto, it is therefore considered by the court that the said paper writing and every part thereof is the last will and testament of the said A. H. Smith, and the same is ordered to be recorded and filed.

Eli Spruill Clk.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.46), Box 46
Smith, Alexander H., 1858

Summons dated the fourth Monday of July 1858 and issued 23 Oct 1858 for R. D. Owens on the fourth Monday of October (on Wednesday) next to testify on behalf of the plaintiff in a case where W. J. Beasley is plaintiff and the devisees and heirs of A. H. Smith are defendants.

Summons dated the fourth Monday of July 1858 and issued 25 Oct 1858 for G. L.. Owens on the fourth Monday of October next to testify on behalf of the plaintiff in a case where W. J. Beasley is plaintiff and the devisees and heirs of A. H. Smith are defendants.

Petition July Term 1859 by William J. Beasley executor of A. H. Smith who shows that by the will of his testator three negros Moses, Chloe & Melina are given to (blank space) equally. Moses & Chloe are old and Melina is an infant, so an actual partition can not be made to the parties entitled. He prays a court order directing the sale of the same. Prayer was granted. A return was filed at January Term 1860 showing the sale on 22 Jan 1860 of Moses to J. A. Pledger for $425, Chloe to E. Ransom for $325 and Mahala to Anna Holmes for $301.

Petition at April Term 1860 by Benj. F. Owens and wife Nancy of full age and Benj. F. Pritchett an infant by his next friend, Eli Spruill who show that Alexander H. Smith died in 1858. Prior to his death he made a last will and testament which was duly admitted to probate. After various bequests he made your petitioners residuary legatees. He had a large estate of land, negros and money which went into said Beasley's hands as executor. Said Beasley has settled the estate and paid off the debts of said estate and ought to account with your petitioners. Pray a copy of this petition be served on said Beasley and that it be referred to Eli Spruill, clerk of this court to state the accounts of said Beasley as executor of said Smith and for relief.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Nancy Crane to Benjamin F. Owens on 28 Sep 1858, G. L. Owens security. See the 1842 court records and loose estate papers of Thomas Crain, whose wife was Caroline. Nancy is age 8 in the 1850 census of Tyrrell County in the household of Alexander H. Smith and his wife Nancy and Franklin Owens is also in the household, age 14. The 1817 estate papers of Thomas Owens show that Caroline was a daughter of Asa Pritchett and Cynthia Owens and Alexander H. Smith was guardian of Ephraim and Caroline Pritchett.

Tyrrell County marriage bonds show the marriage of Keziah Pritchett to Henry Dunbar on 15 Aug 1859, Rowan Clough security. The 1860 census of Tyrrell County shows the household of Henry Dunbar (26), Keziah Dunbar (35) Franklin Dunbar (7), Benj. Owens (23) and Nancy Owens (18). Benjamin Franklin Pritchett was born in 1853, so the census taker made an error and that is him in this census, so both of the devisees of Alexander H. Smith are in this same household. Henry Dunbar appears alone in the 1870 census, remarried and then died in December 1879 of typhoid fever.

The 1817 will and estate papers of Thomas Owens indicate that Nancy, wife of Alexander H. Smith was also the daughter of Asa Pritchett and his wife Cynthia, who was a daughter of Thomas Owens.

Return to Tyrrell County Probate Records

Updated November 20, 2023
Mike Schoettle