Return to the Tyrrell County Probate Records State of North Carolina
Washington County
Book 4 Page 309 (Tyrrell County)
Dated 14 January 1888
State of North Carolina,)
Washington County. )
I, W. A. Spruill of the County and State aforesaid 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 - I give and devise to my beloved wife Mary G. Spruill the farm whereon I now live called Oakland (except such portions as shall be set out by metes and bounds on the Southern portion of said farm to my Daughter) also ten acres near Concord Church where Toney Harvy lives also my interest in the four-thousand acre tract, - to have and to hold to her, the said Mary G. Spruill for and during the term of her natural life, in satisfaction for and in lieu of her dower and thirds of and in all my real estate:-
Item - I give and devise to my son Dempsey Spruill Belgrade Farm (except such portions as are mentioned in another item) also one bed and furniture and one cow and calf all of which he has, in satisfaction for and in lieu of his part of my estate.
Item. I give and devise to my three daughters Maggie Spruill, Josephine Spruill and Mary E. Spruill The following Real estate to be divided as follows (and drawn for).
First, all that tract of land on the Southern portion of the said Oakland farm beginning at a popular stump at the Western end of a six feet ditch at H. W. Phelps' line, running East along said ditch and following the field road to my main leading ditch that runs down by Creswell, thence running along said ditch to a four foot ditch that runs to the main road said ditch formerly being the dividing line between my own land and the land owned by Wm. S. Pettigrew thence running along said four foot ditch to the main road, thence along said road to the corner of Belgrade Plantation and at the fork of the road that leads by St. David's Church, thence running along said road and following the various courses of my son Dempsey Spruill's line to Scuppernong River thence running up the river and following the various courses of the same to Spruill's Bridge thence following the road that leads to Creswell to the fork that leads to St. David's Church thence along said road that leads to St. David's Church to a ditch the dividing between my own land and a portion of the Town of Creswell, Thence along said ditch to the main road at the Col. Methodist Church thence across the main road and following the courses of my own line, and Ransom and Washington Bennett's line to my main leading ditch thence along said ditch to the main road, thence along said road to H. W. Phelps' line, Thence along said Phelps' line to the beginning, including also in this item all that tract of land left by will to my son Dempsey Spruill, by my Father subsequently deeded to me by my son, containing ten acres and adjoining the lands of the late Dempsey Woodley.
Second, All that tract of land whereon I now live called Oakland except that portion which has already been mentioned in a former item, and also except the life estate of my beloved wife Mary G. Spruill as mentioned in a former Item. I include in this item all that tract of land being swamp land containing 30 acres adjoining the lands formerly owned by little Isaac Bateman, also all that tract of swamp land containing 50 acres more or less adjoining the lands of the late Joseph Allen and others.
Third. All that tract of land known as Holly Grove Farm, formerly owned by my son Dempsey Spruill also all that tract of land known as Poplar-neck adjoining the aforesaid Farm, but from the proceeds of the property mentioned in this item must be paid to my daughter (that draws the land on the Southern side of Oakland farm and adjoining the Town of Creswell) Two thousand dollars without interest within six years after my dec'd, and said Holly Grove Farm is to be responsible for the payment of said amount. To have and to hold to their and their heirs in fee simple forever.
Item My will and desire is that my beloved wife Mary G. Spruill and my daughter that draws the Southern portion of Oakland Farm have equal right to my main leading ditch or canals that leads by Creswell, all parties doing doing their equal share in keeping said canals in order, and in keeping up the fences around said farm.
Item - I give and bequeath to my beloved wife Mary G. Spruill six of the first choice of the mules and horses, also three of the first choice of the carts, belonging to the farm whereon I now live, also all the moneys and notes that I have on hand at my dec'd. and all my personal property not otherwise mentioned in this Will, to have and to hold absolutely.
Item. I give and bequeath to my three Daughters Maggie Spruill, Josephine Spruill and Mary E. Spruill each, one bed and furniture and one cow and calf.
Item. I give and devise to my daughter that draws Holly Grove Farm all the mules carts and farming utensils belonging to said farm.
Item. I give and devise to my daughter (that draws the Southern portion of Oakland Farm the remainder of my Horses mules and carts belonging to Oakland farm after taking out the number mentioned in a previous item.
Item. It is my will and desire made in this my last will should either of my daughters mentioned in this my will, die without an heir the property bequeathed shall be equally divided between my two surviving daughters.
And lastly - I do hereby constitute and appoint my beloved wife Mary G. Spruill my lawful executrix 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 clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof I the said Wm. A. Spruill do hereunto set my hand and seal this 14th day of January, A. D., 1888.
(Signed) Wm. A. Spruill (Seal)
Signed sealed published and declared by the said Wm. 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 witness thereto.
Joseph A. Phelps.
Henry W. Phelps.
I Wm. A. Spruill testator in this will make the present codicil. - I give and devise to my daughter that draws (the Southern portion of Oakland farm) the following piece of land commencing at Eborn's corner running east to a gum stump thence west to Eborn's line thence North along Eborn's line to the first station.
(Signed) Wm. A. Spruill, (Seal)
State of North Carolina,)
Washington County.)
In the Superior Court.
A paper purporting to be the last Will and Testament of Wm. A. Spruill, deceased, is exhibited before me, the undersigned Clerk of Superior Court for said County by Mrs. Mary G. Spruill the executrix therein mentioned, and the due execution thereof by the said Wm. A. Spruill, by the oath of Henry W. Phelps and Joseph A. Phelps the subscribing witness 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 Wm. A. Spruill, that the said Wm. A. 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 14 day of January 1888.
And the deponent further saith, That the said Wm. A. 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 this 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 the said testator.
And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Wm. A. Spruill was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information and belief of this deponent. And further these deponents say not.
(Signed) Henry W. Phelps(Seal)
Joseph A. Phelps (Seal)
Severally sworn and subscribed this 11th day of June 1890, before me.
Thos J. Marriner,
Clerk Supr. Court.
North Carolina,
Washington County.
I, C. V. W. Ausbon, Clerk Superior Court in and for said County and State, do hereby certify that the foregoing is a true and correct copy of the last will and testament of Wm. A. Spruill, deceased, as recorded in my office, in Will Book "A", pages 188-191.
Witness my hand and official seal, this 27th day of April, 1914.
C. V. W. Ausbon (seal)
Clerk Superior Court
Filed for record April 28th ,1914. 10:30 A.M. and recorded May 4th 1914.
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