State of North Carolina
Tyrrell County
Book 4 Page 56
Dated 26 December 1874

I Benjamin 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 Executors (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my family and friends and pay all funeral expenses together with my Just debts howsoever and to whomsoever owing out of the first moneys that may first come into their hands as part or parcel of my estate.

Item I give and bequeath unto my beloved wife Nancy Spruill Five hundred Dollars to be paid her by my Executors out of the money on hand at my death or that which may first come into their hands as part or parcel of amy estate.

Item I give and devise to my son Joseph to hold for the use of my wife Nancy Spruill during her widowhood one tract of land which is embraced in the Homestead farm on which I now reside begining at the sign post at the fork of the road in front of my mansion then runing Easterly along the west side of the main road to E. Leigh corner then westerly along the fence and ditch to the Combs lines corner then Northerly along a six ft ditch to the road leading through my farm to my yard gate then Easterly along said road to said gate thence Northerly along my yard to the gate Known as the lane gate thence westerly along the lane to the main road then Easterly along the main road to the first station including all the Homestead buildings. also a free privilege for firewood and rail timber from any portion of my land during her widowhood.

Item 3 I give and devise to my son Thomas the following tract of Land located in the west of the Homestead farm and forming apart of the same begining at the mouth of the canal at the old Combs Landing then northerly along said canal to the ditch between my farm and the Combs farm thence Easterly along said ditch to E Leigh Corner and the Combs Hu(?) Corner thence Northerly along a straight six ft ditch to the main road thence North East to John Spruill Marker the new Leigh road one hundred yards from the main road. Thence Southerly along said Leigh road to the main road thence westerly along the main road to Wm Davis (decd) heirs line to aligator Creek thence Easterly along the Creek shore to the first station containing five hundred acres more or less to have and to hold to him and his heirs in fee simple forever.

Item I give and devise to my son Joseph the following tract of land comprising the Eastward portion of the Homestead farm the Hopkins field and the Midgett farm; Begining at E Leigh north East Corner at a six ft ditch then Northerly along said ditch a straight course to the public road then North east to John Spruill line thence Eastwardly along said Spruill line to John Pinner line thence along Pinner line to the Georgia road thence along Pinner line Eastwardly to Bells Bridge on the public road thence Easwdly along the much of the swamp to E Leigh corner thence westerly along a division line between my farm and Leighs to the first station. containing five hundred acres more or less, also including a free and (unmobated?) privilege of the use of the canal and road Leading through my farm to the Combs Landing to have and to hold to him and in heirs in fee simple forever the tract which I first gave to my son Joseph for the use of my wife during her widowhood is embraced in the above named boundaries which I do except for the above specified time but at the death or marriage of my wife then the whole right title and interest of the same shall be vested in my son Joseph his heirs and assigns in fee simple forever.
(complete line unreadable at bottom of page 57)
a fifty acre tract of Land lieing on the Georgia road which belongs to E. Leigh Consiquently I don't convey the same.

Item 5 I give and devise to my two Daughter Buenvista and Nancy the whole farm which I Bought of E. A. McClees located in Alligator Township and bounded as follows begining at the ship yard landing then eastwardly along the creek shore to chinhapin point then along the creek shore to Rock Point then westerly along the creek shore and Chashbus Ashbur line to the public road then Northerly with Jas Ludfords line to his corner thence westerly to E Leighs line then southerly with his line to the first station containing Six hundred acres more or less to have and to hold to them and their heirs in fee simple forever.

Item I give and bequeath Daughter Buenavista one bureau two beds and bed furniture for the same. And four hundred dollars ($400) in cash also the gold watch which my wife Nancy now wears to have and to hold to her and her heirs forever.

Item I give and bequeath to my daughter Nancy Five hundred dollars ($500.) in Cash said amount to be kept in the hands of my executors until she shall arrive at the age of twenty on years or be married (rest of line missing) to have for her and her heirs forever. Also I give to my Nancy the Gold watch which I now wear one bureau two beds and bed furniture for the same to her and her heirs forever.

Item I give and bequeath to my son Thomas two beds and bed furniture for the same.

Item I give and bequeath to my son Joseph two beds and bed furniture for the same also my surveying instruments to him and his heirs forever.

Item I give and bequeath to Thomas and Joseph A Spruill (as trustees ) to hold for the use of my wife Nancy during her life all of the household and Kitchen furniture of every Kind not named in the above Legacies. Also two buggies and Harness for same one single Cart and Harness two single plows and Harness one horse one mule two (rest of line unreadable at bottom of page 58)
and pigs Eight other hogs fifty Bbls of corn five bushels of salt two hundred lbs Bacon two Bbls of Miss Pork three Bbls flower one hundred lbs coffee tow hundred lbs sugar five dollars worth midicines & one thousand lbs fodder all the above to be her choice. I desire that my wife remain in full and quit possession of the same during her natural life and at her death my will and desire is that all the Property of every kind which I have conveyed in trust for her use to be equally divided between my four children Thomas Joseph Buenavista and Nancy to have and to hold to them and their heirs forever.

Item I give and devise to my two sons Thomas and Joseph (equal) my whole right title and interest in the land on which our steam mill and store now stands including all of the improvements thereon and privileges thereunto belonging. Also all the timber on my land east of the sound side road and North east of Bells ridge Swamp to have and to hold to them and their heirs in fee simple forever.

Item If amy one or more of my children should die leaving no heir my desire is that his or their share shall go to and be equally divided between the surviving ones. And in Case of the death of all of my children leaving no heirs during the life of my wife then all of the property above conveyed in trust for her use to go to her absolutely to have and to hold to her and her heirs forever.

Item My will and desire is that all of the s(?) money on hand at my death be equally divided between my wife Nancy and my four children Thomas Joseph Buena Vista and Nancy share and share alike.

Item My will and desire is that all the residue of my estate (if any) after taking out the devises and Legacies above mentioned shall be sold and the debts owing to me collected and if there should be any surplus over and above the payment of debts expences and (rest of line at bottom of page 59 unreadable)
including the different amounts for which my life is insured shall be equally divided between my wife Nancy and four children Thomas Joseph Nancy Buenavista in equal portions share and share alike to them and each of them their executors Administrators and assigns absolutely forever.

Lastly I do constitute and appoint my two sons Thomas Spruill and Joseph A Spruill my lawful executors to all intent 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 other wills and testaments by me heretofore made. In witness whereof I the said Benjamin Spruill do hereunto set my hand and seal this 26th day of Dec AD 1874.

Signed Benjamin Spruill (seal)

Signed sealed published and delivered by the said Benjamin 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.

Eph Leigh
Thos H Repass

Sworn to and subscribed before me this 26th day of April 1880

T L Jones
Probate Judge

Tyrrell County
North Carolina
In the Probate Court

A paper writing purporting to be the last will and testament of Benja Spruill Deceased late of Tyrrell County is exhibited for Probate before the undersigned T L Jones of Probate in and for said County by Thomas & Jos A Spruill the executors named therein with Eph Leigh and Thos H Respass as attesting witnesses thereto and the due execution thereof by the said Benja Spruill is proved by the oath and examination of the said Eph Leigh and Thos H Respass the said subscribing witnesses thereto. It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last will and testament of the said Benja Spruill and the same is ordered to be recorded and therefore the said executors Thos and Jos. A. Spruill duly qualify as such by taking the oath required by law.

T L Jones
Probate Judge

Return to Tyrrell County Probate Records

Updated July 29, 2001
Ellen Kroll