State of North Carolina
Tyrrell County
Book 4 page 168
Dated 19 September 1885

In the Name of God Amen I John 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 to be my last Will and Testament as follows, To Wit:-

First - That my Executor hereinafter named shall pay all of my burial and funeral expences together with my just debts howsoever and to whomsoever owing and of the first money that may come into his hands as a part or parcel of my Estate.

Item I loan to my beloved wife Ascenith Spruill my whole estate of every kind both real and personal: (My real estate is situated in Tyrrell County and in alligator Township. My personal property consisting of crop stock and provisions farming utensils, riding vehicals house hold and kitchen furniture wearing apparel) to use and to hold to her the said Asenith Spruill together with what money and solvent notes and accounts on hand at the time of my death, for her own use unmolested during her widow in satisfaction of and in lue of her dower and third in my real estate.

Item My will and desire is that all of the above loaned property be kept together at the old homestead during the life or widowhood of my said wife and improved and kept in as good condition by my executor as circumstances will admit.

Item At the death or marriage of my wife Ascenith Spruill which ever should take place first, then I give and devise to my dutiful son Edward R. Spruill all of my real estate both improved and ward land together with all improvements and privileges thereunto belonging. To have and to hold to him and his heirs in fee simple for ever. I also at the death or marriage of my wife Ascenith Spruill give and bequeath to my said son Edward R. Spruill all of the above personal property which I have loaned to my wife Ascenith together with all the increase of the same. To him and his heirs for ever.

Item My will and desire is that my executor will not be required by the Courts that he to enter into any bond for faithful performance of this my last will and testament.

And lastly I do appoint my dutiful son Edward R Spruill my lawful executor to all intent and purpose to execute this my last will and testament according to the true intent any meaning of the same. And every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said John Spruill do hereunto set my hand and seal this the 19th day of September A. D. One thousand Eight Hundred and Eighty Five (1885)

John Spruill (seal)

Signed sealed Published and
declared by the said John Spruill
to be his last will and testament
in the presents of us who at his request
and in his presence do subscribe
our names as witness thereto.
Witness

Thos Spruill
Jas A Spruill

A paper purporting to be the last will and testament of John Spruill deceased is exhibited before me the undersigned Clerk of the Superior Court for said County by Edward R Spruill the executor therein mentioned and the due execution thereof by the said John Spruill by the oath and examination of Thos. Spruill Jas A Spruill the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of John Spruill. That the said John Spruill in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 19th day of September 1885. and the deponent further saith that the said John Spruill the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament and the deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto and at the request and in the presence of said testator and this deponent further saith that at the said time when the said testator subscribed his name to the said will as aforesaid and at the time thereto as aforesaid the said John Spruill was of sound mind and memory of full age to execute a will. And was not under any restraint to the knowledge information or belief of this depinent. And further these deponents say not.

Jas. A. Spruill
Thos Spruill

Severally Sworn and subscribed
this 8th day of May 1899 before
me.

G. L. Liverman
Clerk Superior Court

Return to the Tyrrell County Probate Records

Updated August 26, 2001
Ellen Kroll