Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, page 257
Dated 4 February 1910
I, John W. Woodard of above County and State being of sound and disposing mind and memory but considering the uncertainty of my earthly existence, do make and declare this my Last Will and Testament:
First: - My executor hereinafter named will have my body buried and a tombstone erected at my grave in accordance with the wishes of my family and pay the expense of the same, and any just debts by me owing at the time of my death out of the first moneys coming into his hands belonging to my estate;
Second: - I give and bequeath a feather bed to each of my children except my son, L. H. Woodard to whom I have already given his.
Third: - I give and bequeath to my beloved daughter, Julienar Woodard, Eight Hundred Dollars to be paid to her by my executor, but if I should hereafter make any advancements to her in money or other property before my death the amount of money or value of property so advanced to her shall be deducted from said legacy of Eight Hundred Dollars.
Fourth: - I give and bequeath to my beloved daughter, Martha Eva Woodard, Eight Hundred Dollars to be paid to her by my executor, but if I shall make any advancements to her hereafter in money or property before my death the amount of money, or value of property so advanced to her shall be deducted from said legacy of Eight Hundred Dollars.
Fifth: - I give and bequeath to my beloved wife, Martha E. Woodard, during her lifetime or widowhood, all of my household and kitchen furniture, farming implements, live stock, teams, carts, and vehicles of all kinds, including my chattle property of all descriptions. Also Five Hundred Dollars in money to be paid to her by my executor.
Sixth: - At the death or prior marriage of my wife, I give and bequeath to my beloved son, J. H. Woodard, all of my household and kitchen furniture, farming implements live stock, teams, carts, and vehicles of all kinds including my chattle property of all descriptions above given to my beloved wife for lifetime or widowhood.
Seventh: - I give and devise to my beloved wife Martha E. Woodard, for the period of her lifetime or widowhood all of the lands in Tyrrell County or elsewhere which I may own at the time of my death.
Eighth: - At the death or marriage of my beloved wife, I give and devise to my beloved son L. H. Woodard, for the period of his lifetime only, and at his death to the lawful issue of his body (ni?) fee, that tract of land on which he now resides purchased by me of Andosia Vanhorn, bounded on the North by Albemarl Sound; on the East by the "Benjamin Brickhouse Land"; on the south by the lands of Joshua Brickhouse; on the West by the lands of G. B. Vanhorn, containing thirty three acres, more or less.
Ninth: - At the death or marriage of my beloved wife, I give and devise to my beloved son C. R. Woodard, for the period of his lifetime only, and at his death to the lawful issue of his body in fee, the old house field tract of land which I bought from the heirs of Frank Vanhorn, I bounded on the North by the Albemarl Sound on the East by the lands of G. B. Vanhorn; on the South by the lands of Joshua Brickhouse; on the West by the lands of William Maitland and the old "Brickhouse tract", containing seventy five acres, more or less.
Tenth: - At the death or marriage of my beloved wife, I give and devise to my son J. H. Woodard, for the period of his lifetime only, and at his death to the lawful issue of his body in fee, my home place whereon I now live, which was conveyed to me by B. L. Brickhouse, in two deeds, and also the tract called Cloe Island, which was conveyed to me by J. W. Spruill adjoining the land conveyed to me by said B. L. Brickhouse.
Eleventh: - Should either of my said son L. H. Woodard, C. R. Woodard or J. H. Woodard, die, leaving nor lawful issue, I give and devise the land of the one dying without lawful issue to his surviving brothers and sisters, and to the lawful issue of such brothers and sisters as may be dead.
Twelfth: - My executor hereinafter named will take into his possesion and controll all moneys which I may have on hnd at the time of my death and all that shall then or shall thereafter become due to my estate, and after paying the legacies herein provided for and burial and Testamentary expenses, and any debts by me owning at the time of my death, shall lend out on good real estate security the ballance in his hands, and pay the interest accruing on the same to my beloved wife during her lifetime or widowhood; and the interest so paid to her, and the legacy of Five Hundred Dollars herein bequeathed to her she shall have the right to use and consume during her lifetime or widowhood, but any part of the same which my said beloved wife shall not use and consume during her life or widowhood, shall at her death or marriage be applied by my executor as stated in next section of this will.
Thirteenth: At the death or marriage of my beloved wife, Martha E. Woodard, my executor hereinafter named will divide the moneys in his hands into four equal parts and pay same to my daughters Julienar and Martha Eva and my sons, C. R. Woodard and J. H. Woodard, share and share alike.
Fourteenth: - I give and bequeath to my beloved son, L. H. Woodard, all sums of money and all property heretofore advanced by me to him in full of his share of my personal estate, and my executor hereinafter named will make on demand on him because of the money and property I have heretofore let him have.
Fifteenth: - It is my will and desire that my household and kitchen furniture, chattle property, and personal effects shall not be sold, and my executor hereinafter named is instructed to use a sufficient amount of money, belonging to my estate to pay my just debts, testamentary, and burial expenses, and if there be not sufficient money to pay the same and the pecuniary legacies herein bequeathed, said pecuniary expenses shall be diminished as may be necessary to accomplish this result.
Sixteenth: - I hereby constitute my beloved son, C. R. Woodard, my lawful executor 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, hereby revoking and declaring utterly void (Missing) and Testaments by me heretofore made.
In witness whereof, I the said John W. Woodard, have hereto set my hand and seal, this fourth day of February 1910.
(Signed)John W. (his x mark) Woodard (Seal)
R. H. Spruill
Mark Majette
North Carolina, Tyrrell County
In the Superior Court. Before the Clerk.
In the matter of the Will of John W. Woodard, deceased:
The paperwriting hereto attached and purporting to be the Last Will and Testament of John W. Woodard, deceased is exhibited before the undersigned Clerk of the Superior Court of Tyrrell County, North Carolina, by C. R. Woodard, the executor therein named, and thereupon the following proof thereof is taken by the oath and examination of Mark Majette, one of the subscribing witnesses thereto, and of T. W. Jones as follows.
North Carolina}
Tyrrell County}
Mark Marjette, being duly sworn deposes and sys that he is a subscribing witness to the said paperwriting now shown him, purporting the Last Will and Testament of John W. Woodard, deceased, and that he sawth said John W. Woodard execute this writing as his Last Will and Testament and that affiant attested it in the presence and at the request of said John W. Woodard, deceased, and that at the time of its execution, said John W. Woodard was in affiants opinion, of sound mind and disposing memory.
Affiant further swears that R. H. Spruill, the other subscribing witness to said Will, signed the same as a witness in the presence of affiant and that affiant saw him sign the same, and that said R. H. Spruill is now dead. Affiant further swears that said Will was signed, sealed, published and declared by the said John W. Woodard, to be his Last Will and Testament in the presence of himself and R. H. Spruill, the other subscribing witness, who at the request of said John W. Woodard, and in the presence of said John W. Woodard, and at his request and in the presence of each other, affiant and said R. H. Spruill subscribed their names as witness thereto.
Signed Mark Majette
Subscribed and sworn to before me this 21st day of August 1911.
W. M. Brickhouse
Clerk Superior Court of Tyrrell County
North Carolina}
Tyrrell County}
T. W. Jones being duly sworn, deposes and says; - That he is well acquainted with the handwriting of R. H. Spruill one of the subscribing witnesses to the paperwriting purporting to be the Last Will and Testament of John W. Woodard, deceased, which is hereto attached, dated February 4th 1910, having often seen him write, and that the name of the said R. H. Spruill, subscribed as witness to the said Will is in the genuine handwriting of the said R. H. Spruill.
(Signed) T. W. Jones
Subscribed and sworn to before me, this 21 day of August 1911.
W. M. Brickhouse And therefore it is considered and adjudged by the court that the said paperwritng and every part thereof is the Last Will and Testament of John W. Woodard, deceased, and it is ordered that the same with the foregoing examination, and this certificate, be filed and recorded.
Clerk Superior Court of Tyrrell County
This 21st day of August 1911
W. M. Brickhouse
Clerk Superior Court of Tyrrell County
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