Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, page 218
Dated 13 November 1905
I Samuel S. Woodley of Tyrrell County and the Sate 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 & Testament. Viz. First. My executors hereinafter named shall give to my body a decent burial, suitable to the wishes of my friends and relatives and pay all my burial expenses, together with all my just debts, out of the first moneys which may come into their hands belonging to my estate.
Second. I give and bequeath and devise to my daughter, Harriette J. Phelps all the following tracts of land in fee simple. Viz.
1st that tract of land on which I now reside known as my home farm, (formerly Simmons farm)
2nd That tract of land purchased of David Alexander on Nov. 23rd 1874. Deed Recorded in book 25 on page 104.
3rd Jessus Norman administrator of William Tarkenton to S. S. Woodley by Deed recorded in book 25 page 36 all above named Deeds recorded in the office of the Register of Deeds of Tyrrell County in books & on pages named.
4th That tract of land conveyed to S. S. Woodley by Sarah Davis, Deed recorded in book (unreadable) on page 385 Register of Deeds office Washington County. N. C.
Third. I give and devise to my daughter Sarah Elizabeth Alexander in fee simple.
1st That tract of land known as the David Woodley farm, called Oak Grove, adjoining my home farm the McCleese farm and others.
2nd A Tract of land known as the Swain Island cross road (unreadable) Ansley land, beginning at the fork of Simmons Landing road, then Eastwardly along the Simmons Landing road (29) Twenty nine chains & (95) Ninety five links to an iron post, Harriette J. Phelps' line, then South 26(degrees ?) West along a line of marked trees to potato nod run, then along the middle of the run the various courses thereof, to the public road at the Bettie Wynn bridges then along the road to the beginning.
Fourth. I give and bequeath and devise to Harriette J. Phelps aforesaid a tract of land adjoining the above tract, beginning at an iron post on the Simmons Landing road, the corner of Sarah E. Alexander & Harriette J. Phelps, then running down the said Simmons Landing road Eastwardly nine Chains and twenty six links to an iron post: then South (33 1/2 degrees) thirty three and one half degreed west along a line of marked trees to a Sweet Gum a corner tree, then 7 chains & 93 links, there South 12 1/5 degrees west along a line of marked trees to potato Nod run then along the middle of the run to Sarah Elizabeth Alexander's line or corner then along a line of marked trees to the beginning.
Fifth. I give and devise to my daughter, Sarah Elizabeth Alexander Two thousand Dollars to be taken out of the moneys derived from my life insurance policy, No 50896 in the Equotable Life Assurance Society of the United States, New York.
Sixth. I give and devise to my two daughters Sarah Elizabeth Alexander & Harriette J. Phelps to be equally divided between them, all the remainder of the moneys derived from my life insurance named above, after deducting the two thousand specially divised to Sarah Elizabeth Alexander in item five hereof.
Seventh. I give and devise to my grand-daughter Mary E. Alexander daughter of M. M. Alexander my feather bed, Bureau, Washstand, bedstead & mattress, chairs and all other things and fixtures and parts belonging to or a part of my bedroom furniture, and which is now in the room I occupy or belongs to the suit.
Eight. I give and bequeath to my two daughters Sarah Elizabeth Alexander & Harriette J. Phelps, to be equally divided, six notes of Five hundred Dollars each, given by M. M. Alexander & S. E. Alexander and one other note made by S. W. Woodley for Five Hundred Dollars.
Ninth. I give and bequeath to my two daughters Sarah Elizabeth Alexander & Harriette J. Phelps all the remainder of my property both real & personal, not hereinbefore divided, to be equally divided between them.
Tenth. I hereby constitute my friends, H. H Phelps & T. H. Woodley My lawful executors, to all intents and purposed, to execute this my Last will & Testament, according to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly void, all other wills & Testaments, by me heretofore made. In witness whereof I the said S. S. Woodley do hereto set my hand and affix my seal. This 13th day of Nov. 1905.
S. S. Woodley (seal)
Signed, sealed, published and declared by S. S. Woodley, to be his Last Will & Testament in the presence of us, who at his request and in his presence, and in the presence of each other, do subscribe our names as witnesses hereto.
W. H. Hardison
E. Spruill
North Carolina} In the Superior Court
Tyrrell County} Before the Clerk
A paper writing purporting to be the Last Will & Testament of S. S. Woodley, Deceased, is exhibited before me, the undersigned Clerk of Superior Court of Tyrrell County, H. H. Phelps & T. H. Woodley by the executors named therein and the due execution thereof by the said S. S. Woodley is proven by the oath and examination of E Spruill & Dr. W. H. Hardison the Subscribing witnesses thereto. Who being duly sworn doth depose and say, and each for himself deposeth and sayeth, that he is a subscribing witness to the paper writing now shown here purporting to be the Last Will & Testament of S. S. Woodley, that the said S. S. Woodley in the presence of this deponent subscribed his name at the end of said paper-writing now shown as aforesaid, and which bears the date of Nov. 13th 1905, and the deponent further saith that the said S. S. Woodley, 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 & Testament, and that deponent did thereupon subscribe his name a 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 the deponent subscribing his name as attesting witness thereto as aforesaid, the said S. S. Woodley was of sound mind and memory, and of full age to execute a Will, and was not under any restraint to the knowledge, information or belief of the deponent. And further the deponent saith not.
W. H. Hardison (seal)
E. Spruill (seal)
Sworn to and subscribed to before me this 11 day of Mar 1908.
W. M. Brickhouse. C. S. C
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