Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, page 226
Dated 24 December 1889
I, Hester A. Walker, of the county of Tyrrell and State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, so make and declare this my Last Will and Testament in manner and form following: that is to say:-
First - That my Executor hereinafter named shall provide for my body a decent burial, and pay all funeral expenses, together with my just debts, howsoever, and to whomsoever owing, out of the money that may first come into his hands as a part or parcel of my estate,
Item, I leave to my beloved husband Edmund Walker during the term of his natural life, all of my real estate, Known as the land whereon I now live, and more particularly described in a Deed from James F. Craddock Admis of Enoch Davenport, deceased to myself containing sixty six acres, more or less, and any other real-estate that may hereafter come into my possession by inheritance or otherwise.
Item: I give to my grand child Martha E. Davenport to be paid by executor hereinafter named, the sum of Ten dollars, in lieu thereof of any and all real estate that she might otherwise have lawfully heired at the time of my or my husbands death.
Item: My Will and desire is at the death of me or my said husband, that my Executors hereinafter named, shall at as early period of time as possible, either at public or private sale all of my real estate of every description as may seem best to the advantage of ll my children hereinafter named, and the proceeds of sale of said real estate to be divided equally between my seven children Viz: Isaac, James Burton, Emily Ann, Emeline, Hester E., Julia E. & Joseph L. Walker.
And Lastly, I do herby constitute and appoint my said son James Burton Walker sole executor of this my last will and testament, hereby revoking and making void all, and any other Will or wills at any time heretofore made by me, and do declare this to be my last Will and Testament.
In witness whereof I, the said Hester A. Walker have hereunto set my hand, this 24th day of December 1889.
Hester A. (her -x- mark) Walker
Signed, declared and published by the above named Hester A. Walker, as and for her last will and Testament, in the presence of us, who at her request and in her presence, have subscribed our names as witnesses thereto,
Witnesses: A. W. Owens
W. W. Overton
W. C. Owens being duly sworn saith that he was well acquainted with A. W. Owens, (his father), whose signature appears as a witness to a paper-writing purporting to be the last will and testament of Hester a. Walker, deceased, today exhibited before the Clerk of the Court for Tyrrell County by J. B. Walker, the Executor therein named: that the said A. W. Owens is dead, and that he was well acquainted with the handwriting of the said A. W. Owens having often seen him write, and that the said signature of such witness is in his own familiar hand-writing. this 19th day of Sept. 1908.
Signed, W. C. Owens
Sworn & subscribed to before me,
This Sept. 19th 1908.
W. M. Brickhouse
Clerk Superior Court
Bessie Overton being duly sworn says that she was will acquainted with W. W. Overton, (he being her husband), whose signature appears as a witness to a paperwriting purporting to be the last will and testament of Hester A. Walker, deceased, now exhibited before the Clerk of the Superior Court by J. B. Walker the Executor therein named; That the said W. W. Overton is dead, and that she was will acquanited with the hnadwriting of the said W. W. Overton, having often seen him write and that the said signature as such witness is in his own proper and familiar handwriting.
This the 23rd day of Sept 1908.
Signed Bessie Overton
Sworn & subscribed to before me,
This 23rd day of Sept. 1908.
W. M. Brickhouse
Clerk Superior Court.
Affidavit
North Carolina, Tyrrell County.
J. L. Walker being duly sworn, says that he was well acquainted with Hester A. Walker, the maker of the foregoing, or annexed Will. That the said Hester A. Walker could not write her name, but that she transacted all business, and executed all papers (unreadable) by mark, thus X, as appears in the execution of the Will hereto attached.
Signed J. L. Walker
This Oct. 31st 1908.
Sworn to subscribed before me,
This, Oct, 31st 1908.
W. M. Brickhouse
Clerk Superior Court
A paper - writing purporting to be the last will and testament of Hester A. Walker, deceased, is exhibited for probate in open court by J. B. Walker, the Executor therein named, and it is thereupon proved by the oath and examination of W. C. Owens that A. W. Owens, one of the subscribing witnesses thereto is dead, and it is also proved by the oath and examination of Bessie Overton, that W. W. Overton the other subscribing witness thereto is dead, And it is further proven by the oath and examination of W. C. Owens that he is well acquainted with the hand writing of the said A. W. Owens, having often seen him write, and that the name of the said A. W. Owens subscribed as a witness to the said will, is in the hand-writing of the said A. w. Owens. and it is also proven by the oath and examination of the said Bessie Overton, that she is well acquainted with the hand -writing of the said W. W. Overton, having often seen him write, and that the name of the said W. W. Overton, subscribed as a witness to the said Will, is in the handwriting of the said W. W. Overton, and is also proved by the oath and examination of J. L. Walker that he was well acquainted with Hester A. Walker, the testator therein named and that the said testator can not write her name, but that she transacted all business, and executed all papers by mark, thus X, as shown in the execution of the said Will: It is therefore considered and adjudged by the court that the said paper-writing, and every part thereof, is the last will and testament of the said Hester A. Walker, and the same is ordered to be recorded and filed.
This 31st day of Oct. 1908.
W. M. Brickhouse
Clerk Superior Court
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