Lenoir County, NC - Wills

File contributed for use in USGenWeb Archives by
Martha Marble <mmarble@erols.com>

NANCY HERRING WILL

Copy of original Will found at NSDAR Library, Thomas Dawson folder. The right side 
of the page was cut off missing a word or two in each sentence. In some places one 
can figure out the word, but not in others.

Lenoir County In the Probate Court In the matter of the will of Nancy Herring
Before Wm. W. N. Hunter, Judge of Probate

Jerry Warters being sworn doth say:

That Nancy Herring late of said county is dead having first made and published her 
last will and testament and that Jerry Warters is the executor named therein. 
Further that the property of the said Nancy Herring consisting of real estate, 
household and kitchen furniture, etc is worth about ____ so far as can be 
ascertained at the date of this application, and that Benjamin Franklin Herring, 
Egbert Herring, Nancy Ann Herring, Clemma Herring, James Allen Herring and Sarah 
Chestnut are the parties entitled under said will to the said property.

Signed  Jerry Warters

Sworn to and subscribed before me this 9th day of Oct. 1873
Wm. W. N. Hunter
Probate Judge

Lenoir County in the Probate Court

A paper writing purporting to be the last will and testament of Nancy Herring dec'd 
is exhibited before me the undersigned Probate Judge in and for said county & ?? 
Warters the executor therein named and the due executor. Therefore the said Nancy 
Herring dec'd is proved by oath and examination of ? W. Woodley and Dr. T. R. Emory 
the subscribing witnesses thereto who being duly sworn doth depose and say and such 
for himself deposeth that he is a subscribing witness to the paper writing - a 
sentence or two appears to be cut off at the top of the next page
Presence of this deponent subscribed - not readable - of said paper writing which 
is now shown as aforesaid and which bears the date on the  --- day of --- and the 
deponent further saith that the said testatrix, Nancy Herring did, at the time of 
subscribing her name, as ?? said declare the said paper writing so subscribed by 
her as exhibited to be her last will and Testaments and this despondent did 
thereupon, subscribe his name at the end of said ?? an attesting witness thereto 
and at the request and the presence of the said Testatrix. And this deponent further 
saith that at the said time when the aid testatrix subscribed her name to the said 
last will as aforesaid and the time of the deponents subscribing his name the said 
Nancy Herring was in sound mind and memory of full age to execute a will and was not 
under any restraint to the knowledge, information or belief of this deponent.

Signed ?? W. Woodley
T. R. Emery

9th day of October 1873

I, Nancy Herring, of the county of Lenoir and state of N. Carolina, being of sound 
mind and memory, but considering the uncertainty of my earthly existence, do 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, suitable to the wishes of my relatives and friends, and pay all funeral 
expences together with my just debts, howsoever and to whomsoever owing, out of the 
moneys that may come into his hands as a part of parcel of my estate.

Item - I give and bequeath unto my son, Benjamin Franklin Herring a life estate in 
the land upon which I now live known as the Herring tract of land lying in 
Bucklesberry on the east side of Baer Creek.  And upon his death, it is my desire 
that the said land be equally divided between his ?? children to wit: Egbert, Nancy 
Ann, Clemma, and James Allen Herring and in case of the death of either of my ?? and 
children, then it is my will that the survivor or survivors shall inherit the land 
equally in fee simple - NOTE: on this page the left margin is cut off on the copy - 
It is my will that my executor shall, at my death sell at public sale, all my 
perishable property, except for two beds one ?? of which I give to my grand daughter, 
Nancy Ann and the other to my grandson Egbert Herring and except ?? the cream colored 
horse, which I give to my son Benjamin Franklin Herring.  And except further ?? cow 
and about twenty five pounds of loose feather, the cow being already in her 
possession - these, the cow and feather I give and bequeath to my daughter Sarah 
Chestnut.

Lastly - I do hereby constitute and appoint my Trusty friend Jerry Warters 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 all other wills and testaments by 
me heretofore made.

In witness whereof I, the said Nancy Herring do hereto set my hand and seal this the 
7th day of February A. D. 1872

                                         Signed Nancy Herring

Witness
?? W. Wooley
T. R. Emery

In the Probate Court Oct. 9th 1873

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