WOODLY, DANIEL

State of North Carolina
Tyrrell County
Book 4 Page 75
Dated 19 December 1881

I Daniel Woodly of County of Tyrrell and state of North Carolina being of sound mind and memory but considering uncertainty of my earthly existence do make and declare this my last will and testament in the manner and form following. That is to say.

First That my executor herein after named shall provide for my body a burial suitable to the wishes of my relations and friends and pay all funeral expenses together with my Just debts however and to whomsoever owing out of the monies that may first come in her hands as a parcel of my estate.

2 item I give and devise to my beloved wife Sarah F Woodly one tract or parcel of land lying in Pasquotank County in said state adjoining Murden Stokely and others known as the tract of land by deed dated 19th day of October 1881 from Sarah C Sanders and Elizabeth Renny to Daniel Woodly and duly registered in Pasquotank County Book No 4 Pg. 140 containing about three hundred acres more or less to have and assigns forever in fee simple.

3 Item. I give and devise to my beloved wife Sarah F Woodly all of my interest right and title into one other tract or parcel of land laying and being in the County of Tyrrell in said state containing two hundred acres more or less adjoining the lands formerly Charles L. Petigrew Dccd and Further known as the land of the late Daniel Woodly decd when he last lived and died to have and, to hold unto her and her Heirs and assigns forever in fee simple.

4 Item. I give and bequeath to my beloved wife Sarah F Woodly all my notes accounts household and kitchen furniture farming utensils and all of my personal property of Every description to her and her Heirs and assigns forever in fee simple.

5th Item & Lastly. I do hereby constitute and appoint my beloved wife Sarah F Woodly 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 and clause thereof herby revoking and declaring utterly void all other wills and testaments by me heretofore made in witness whereof I the said Daniel Woodly do hereunto set my hand Seal this 19th day of December AD 1881.

Daniel Woodly (Seal)

Signed Sealed Published
and declared by the said Daniel
Woodly to be his last will and
testament in the presence of us
who at his request and in his
presence do Subscribe our names
thereto as witnesses

Joshua B Davenport
Emma J Cahoon

Tyrrell County
North Carolina
In the Probate Court

A paper writing bearing date of December 19th 1881 purporting to be the last will and testament of Daniel Woodly deceased is exhibited for Probate in open Court by Sarah F Woodly the executrix therein named and the due execution thereof is proved by the oath and examination of Joshua B. Davenport and Emma J. Woodly the subscribing witnesses thereto in manner and form as follows. The said Joshua B. Davenport being duly sworn deposes and says. that the said paper writing bearing date of December 19th 1881 purporting to be the last will and testament of Daniel Woodly deceased exhibited for Probate by Sarah F. Woodly the executrix therein named was on said day in his presence Signed Sealed Published and declared by said Daniel Woodly to be his last will and testament and that at the request of and in the presence of the said Emma Cahoon that said Emma J Cahoon and J B Davenport in the presence of Each other subscribed their names as witnesses thereto and furthermore be believes that at the same time the said Daniel Woodly was of Sound mind and memory and in all respects Competent and capable of making a wil. Sworn to and subscribed Joshua B. Davenport before me Jan 30th 1882

T L Jones
Probate Judge

And the said Emma J Cahoon being duly sworn deposes and says that the paper writing bearing date of December 19th 1881 purporting to be the last will and testament of Daniel Woodly Decd exhibited by Sarah F. Woodly the executrix therin named for Probate was on said day and in her presence Signed sealed published and declared by said Daniel Woodly to be his last will and testament and that at the request of and in the presence of said Daniel Woodly and in the presence of the said J. B. Davenport they the said Emma J Cahoon and J. B. Davenport in the presence of Each other subscribed their names as witnesses thereto and furthermore that She believes that he same time the said Daniel Woodly was of sound mind and memory and in all respect capable and competent of making a will.

Emma J Cahoon

Sworn & subscribed to before me Jan 30th 1882

T L Jones
Probate Judge

Return to Tyrrell County Probate Records

Updated August 6, 2001
Ellen Kroll