Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 85
Dated 9 April 1867
First - My exr shall provide for my body a decent burial suitable to the wishes of my relations and friends and pay all funeral expences together with just debts out of money that may first come into my hand as part or parcel of my estate.
Item- I lend to my wife Ellen Woodly one third of my lands in which is to be included the lot on which I now live, my dewelling house, stables, all out houses and other improvements and with the exception of one dwelling house which my son William Woodly has permission to build in the course of the presence year on said lot. To have and to hold to her the said Ellen Woodly for and during the term of her natural life or widowhood.
Item - I give to my wife Ellen Woodly one years allowance from the provisions and supplies on hand at the time of my death also all the poultry that may be on hand.
Item - I lend to my wife all my beds and furniture and all my house hold and Kitchen furniture during her natural life. After her death whatever may remain of the same is to be sold and proceeds to be equally divided amond my children William Woodly Nancy Jane Swain and William Woodly in trust for my daughter Elizabeth Spruills.
Item - I lend to my son William Woodly during his natural life all of my lands over and above that contained in the one third part lent to my wife during her life. After his William Woodly's death should his son Hardy Survive him said lands are hereby divised to said Hardy in fee simple. But should William Woodly be the longest liver, in that case the said land shall belong to the said William Woodly in fee simple.
Item - After the death of my wife, the one third of my land lent to her during her life will then go to my son William Woodly during his natural life. And after his death should his son Hardy survive him the same is hereby devised to him (Hardy) in fee simple. But should said William Woodly the longer liver it is hereby divised to him (William Woodly) in fee simple.
Item - I hereby grant permission to my son William Woodly to build for himself in the course of the Present year a dwelling house on the lot on which I now live and I hereby lend to him during his natural life all rites to the use of said house and the ground covered by it he and those who ocupy the House is to have a right of way between the public road and said House, Also in case the death of William Woodly before the death of his wife Malissa Woodly I hereby lend to said Malissa during her naturel or widowhood said house and ground and the right of way from the public road to the same after which it will be desposed in the same manner as the land lent above to my wife Ellen Woodly.
Item - All of my stock, of Every Kind not heretofore desposed of I direct to be sold also all the produce and provision on hand not heretofore desposed of and the growing of standing crop should there be any at the time of my death, the nett proceeds of the sale together with whatever money I may have on hand. Idesire to be equally divided among my children William Woodly Mary Jane Swain and William Woodly in trust for my daughter Elizabeth Spruill.
Item - - I Whatever may remains undesposed of above I hereby direct to be sold and equally divided among my children William Woodly Mary Jane Swain and William Woodly in trust for my daughter Elizabeth Spruill.
Item - I hereby authorize and appoint my son William Woodly to take carge of such part of my estate as may be intended for the use & Benefit of my daughter Elizabeth Spruill and to (cut off) the same to her at such time and in such way as he may think best. If said William Woodly should die before said share of py estate shall have been paid to my daughter Elizabeth Spruill in that case the said share is to go into the hands of Thomas Swain in trust for my daughter Elizabeth Spruill to be paid to her at such time and in such way as he may think would be most useful to her.
Finally I appoint my son William Woodly sol exr to this my last will and testament revoking all others heretofore made by me. In Witness whereof I hereunto set my hand and affix my seal this 9th day of April 1867.
Hardy (his x mark) Woodly
Signed sealed and published to be the
last will and testament of Hardy Woodly
in the presence of
William S Petigrew
John M. Hough
Thos B Myres
A paper writing purporting to be the last will and testament of Hardy Woodly Decd bearing date of April 9th 1867 is exhibited in court by C W Woodly the executor therein named for probate with the names of Thos B Myres John M Hough and Wm S Petigrew as subscribing witnesses thereto and the due execution of the said will and testament by the said Hardy Woodly is proven by the oath and examination of the said W. S. Petigrew and Thos. B. Myres both of whom being duly sworn say and each for himself says that the said Hardy Woodly in their presence signed said paper writing above mentioned. And declared the same to be his last will and testament and that they the said Thos B Myres and W S Petigrew in the presence of and at the request of the said Hardy Woodly and in the presence of each other did each sign their names as subscribing witnesses thereto and that they believe that the said Hardy Woodly at the time of signing and subscribing the said instrument as his last will and testament was of sound mind and memory and capable of making a will.
William S Petigrew
Thos B Myres
Sworn to and subscribed before me the 4th day of Dec 1881 by W S Petigrew and Dec 20th 1882 by Thos B Myres
T L Jones
Probated Judge
Return to the Tyrrell County Probate Records