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
A. H. Smith (Seal)
Witnesses Tyrrel County Court 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.
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
R. D. Owens
G. L. Owens
Oct. Term 1858
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to Tyrrell County Probate Records
Updated February 21, 2015
Mike Schoettle