I James A. Spruill of the County of Tyrrell and State of North Carolina, 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 - That my excutors herein after named shall provide for my body a decent burial suitable to the wishes of my relations and pay all funeral expences, together with my just debts.
Item - I give and devise to my daughter Ann Eliza Owens one bed, together with sted and covering for the same - the bed known as mine or the one occupied by me when living, one pair of brass candle sticks, formerly the property of her mother.
Item - I give and devise to my daughter Harriett V. P. Spruill one cow and calf and ten dollars in money.
Item - I devise and give to my daughter Hester A. Puckett, all my house hold furniture not herein above named and kitchen furniture, also one large pot used for making swill all of my cattle not herein above named, one ox and cart, all of my sheep and hogs, all of my present stock of corn and meat, all of my interest in the growing crops, together with my entire lot of agricultural implements -
And lastly, I do hereby constitute and appoint my sons in law Wm. C.Puckett & Eli Spruill, 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 declareing utterly void all other wills and testaments by me heretofore made.
In witness whereof, I the said James A. Spruill do hereunto set my hand and seal this 6th day of June A. D. 1866.
James A. Spruill (Seal)
Signd, seal and, published and declared by
the said James A. Spruill 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.
Wm. McClees
N. McClees
is propounded for probate in open court by W. C. Pucket, the executor therein named whereupon Eli Spruill and one of the heirs-at-law, and next of kin of the said James A. Spruill come into court and entered a caveat to the probate thereof, and say that the same is not the last will and testament of the said Jas. A. Spruill or any part thereof. And thereupon the court directs the following issue to be made up and submitted to a jury, to wit, is the said paper writing or any part thereof, and if so, what part, the last will and testament of the said Jas. A. Spruill or not. And on motion, it is ordered that a citation be issued against all the heirs at law and next kin of the said Jas. A. Spruill who reside within the limits of this state, to appear at the next term of this court to see proceedings in this cause and to make themselves parties to the said issue, if they shall think proper.
Windsor N Ca Jan 6th 1867
Dear Sir,
Inclosed you will find a copy of Jas. A. Spruill's will, with caveat, which I hope you will promptly attend to, by issuing citation to all the parties, so that there will be no difficulty in trying the issue next court. Also tell Mr. Jarvis to attend to the case of Mr. Hopkins, as you and him promised to do. If nothing prevents I shal be down a few days before court. No news of interest.
Respectfully Jas. L. Mitchell
To
Thos. Ellexander Esq
Clerk of Tyrrell County Court
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