Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, Page 110
Dated 2 April 1880
I W. W. Walker of the County of Tyrrell and State of North Carolina being of sound mind and memory do make this my last will and testament in manner and form following:
I give and bequeath to my beloved wife Caroline Walker to have and to hold during her widowhood (in case she survives me) all of my personal property of any and every nature including notes, accounts, stocks monies in Bank and in case she does not afterwards marry she is to have all of my said personal propertyabsolutely. And to hold to her and her executors administrators and assigns for her and their own proper use provided however she is not to sell or dispose of any of said property ( except what may be necessary for her own maintinance) without always first consulting and obtaining the consent of my other executors hereinafter named; and also to hold said property subject to the payment of my lawful debts and the legacies herein following; and when or in case my said widow surviving me shall afterwards marry, my personal property- I direct to be collected together and sold by my executors and the proceeds together with what monies may be on hand an to be equally distributed between my widow and children. My wife receiving a childs part. As in case of distribution as provided by law in case of intestacy and my grandchildren to be included in such distribution as probiced by law as aforsaid.
I desire, authorize and direct that any or all of my real estate be sold by my executors at public or provate sale whenever in their judgement they may deem it proper or an advantage to my estate. The proceeds arising therefrom to be treated and decend to my heirs as real esate.
I also devise, authorize and direct that my executors sell and execute a deed in fee simple of my one fourth interest in the ? Neal tract of land in Scuppernong Township to William H. Davenport on his arrival at the age of twenty one years but on condition and in consideration that at the same time he and his wife execute a deed to my heirs conveying in fee simple his land or interest that he now owns in the same in the County of Currituck, which desended to him from his mother, and for the further consideration of the sum of one hundred dollars to be made payable to my executors within two years from the date of such exchange with legal interest and secured by mortage on the land conveyed to him.
I give and bequeath to my children Wm Edgar, Henry C. and Emma Walker the sum of fifty dollars apiece for the purpose of purchasing each for them a set of chamber furniture or to be used otherwise as they may so propose.
I hereby constitute and appoiint my beloved wife Caroline Walker and my two sons Aug. G. and Wm. Edgar Walker my lawful executors to all interests and purposes to execute and carry into effect this my last will and testament according to the true intent and meaning of the same. Hereby revoking any and all other will or wills heretofore made by me.
In witness whereof I have hereunto set my hand and seal and published and declared this as and for my last will and testament at Columbia the 2nd day of April 1880.
W. W. Walker Seal
Signed Sealed Published
and declared by the said W. W. Walker
to be his last will and testament in
the presence of us who at his
request and in his presence
and in the presence of
each other do hereunto
subscribe our names
as witness thereto.
R. P. Fulton
J. D. Cooper
I W. W. Walker do make codicle hereby confirming my last will and testament set forth in the above and foregoing bearing date of April 2d 1880. So far as this codicil is consistant therewith and excepting so far as the disposition of any of my estate may be changed hereby. And I do hereby expressly declare it to be my will and desire that if any of my children or grandchildren should die leaving no lawful isse at his or her death, then the share of my estate real and personal which said child or grandchild would have been entitled to shall go to the rest of my heirs in common instead of the heirs of such child or grandchild dying without lawful issue.
In witness whereof I have hereunto set my hand and seal and published and declared this to be my codicle to the foregoing will this the 19th day of June 1882.
W. W. Walker Seal
Signed Sealed Published
and declared by W. W. Walker
in the presence of us who at his
request and in his presence
and in the presence of
each other do hereunto
subscribe our names
as witness thereto.
R. P. Fulton
J. D. Cooper
Superior Court Tyrrell County
Dated 19 October 1885
In the Matter of the Last Will and Testament of W. W. Walker Dec'd
A paper writing purporting to be the last will and testament of W. W. Walker bearing date of April 2d 1880 and with Caroline Walker, Aug. G. Walker and Wm. E. Walker named therein as executors to the same and with the names of R. P. Fulton and J. D. Cooper as subscribing witnesses, having also a codicile bearing date of June 19th 1882 having the same subscribing witnesses is exhibited for probate and the execution of the same is proved by the oath and examination of R. P. Fulton and J. D. Cooper who being duly sworn deposes and say and each for himself says that they were both present at the time of the signing and sealing of said will and testament and at the execution of the codicile, also and that they saw the said W. W. Walker sign the same. That is the will and codicile also the date therein named respectively and that in their presence the said W. W. Walker declared the same to be his last will and testament, and also at the request of the said W. W. Walker and in his presence and in the presence of each other they the said R. P. Fulton and J. D. Cooper subscribed their names as attesting witnesses to the said last will and testament and also to the codicile or the same and that at the time of the signing and sealing of said codicile the said W. W. Walker declared the said paper writing together with the said codicile to be his last will and testament. And furthermore that they believe that the said W. W. Walker at the date named in said paper writing that is at the execution of the same was of sound mind and memory and capable of making a will.
Signed R. P. Fulton
J. D. Cooper
Sworn to and subscribed
before me the 19th day
of October 1885
T. L. Jones
Clerk Superior Court
Tyrrell County
North Carolina
Dated October 19th 1885
To: T. L. Jones Esq. Clerk of the Superior Court of Tyrrell County
I Caroline Walker of Tyrrell County widow of the late Wm. W. Walker Dec'd do hereby decline to qualify as executrix to the last will and testament of the said Wm. W. Walker and ask that testamentary issue to A. G. Walker one of the executors named therein and I do also dissent from the provisions of said will and testament of Wm. W. Walker so far as I am concerned or interested.
Signed Caroline Walker X her mark
Witness:
T. L. Jones
Clerk Superior Court
Tyrrell County
North Carolina
Dated October 19th 1885
In the Matter of the Last Will and Testament of W. W. Walker Dec'd
To the Clerk of the Superior Court of Tyrrell County
I W. E. Walker do hereby renounce my right to qualify as one of the executors of the estate of Wm. W. Walker Dec'd late of Tyrrell County.
Signed W. E. Walker
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