Source: Nc State Archives - Raleigh, Nc Written: November 16, 1878 Recorded: August 9, 1883 [start of document] State of North Carolina } Duplin County } I, Elizabeth P. Edwards of the County of Duplin and State aforesaid, being of sound mind and memory but feeble in body, do make and declare this my last will & testament in manner & form following, that is to say: I. 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 moneys that may first come into his hands as a part or parcel of my Estate- II. I give and bequeath to my eldest daughter Katy, the piano now in my possession in addition to her share in my estate as hereinafter devised & bequeathed III. I give and bequeath to my youngest daughter Jacob Ella, the cabinet organ now in my possession also my watch and chain, in addition to her share in my Estate as hereinafter devised & bequeathed. IV. I give and devise to my five children, Katy, J. Zwinglius, Frank Hall, Jacob Ella & J. C. Hiden, all my Real Estate, consisting of one house & lot in the city of Wilmington, New Hanover County and the House and Lot in Kenansville where I now reside equally to them & each of them & their heirs forever. And in case my executor should see fit to sell the whole of said Real Estate or any part [end of page] [start of page] there of, then the proceeds to be equally divided among my said five children, share & share alike V. I give and devise any other Real Estate that I may own or may come to me from the Estate of my late husband, Jacob J. Edwards dec. to my said five children and their heirs, or the proceeds thereof if sold to be equally divided among them VI. I give and bequeath all my personal property of every kind ( except the articles hereinbefore given and bequeathed in sections II & III) to my said five children to be equally divided among them share and share alike. Said personal property consisting chiefly of the following, to wit: About one Thousand dollars in Cash in the hands of Hall & Pearsall, Wilmington. About Two Thousand dollars, being my undivided interest in the personal estate of my late husband – also Two Thousand dollars secured by a Policy on my life Household & Kitchen Furniture, stock, poultry & c Cash on hand, notes and accounts – and it is my will and desire in the event that the proceeds of the policy on my life should be adjudged to belong to my two eldest children or to any one or more to the exclusion of the others, then such amount as may accrue to any one from this source to be reckoned as a part of his or her share in the final distribution; and in like manner should any one or more of my said five children receive a larger [end of page] [start of page] amount from the Estate of their father my late husband than any of the others, then such difference to be deducted in the division of the proceeds of my Estate so as to make the share of each of my said five children from all sources equal to the others, excepting only the bequests in sections II & III as above set forth. VII. and Lastly I do hereby constitute and appoint my trusty friend B. F. Hall of Wilmington, 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 & clause thereof – hereby granting to him full power and authority to sell any part of my Real or Personal Estate if in his judgment such sale would be for the interest of my said children, to provide for their education, comfort and support and if the income annually from their respective shares should be insufficient for these objects then he is authorized & empowered to apply such part of the principal accruing to each as may be necessary to fit them for the business and the duties of life. In witness whereof I the said Elizabeth P. Edwards hereby revoking all former wills by one heretofore made do hereunto set my hand and seal this 16th day of November A. D. 1878. E P Edwards {seal} [her signature] Signed, sealed, published and (over) [end of page] [start of page] declared by the said Elizabeth P. Edwards to be her last will and testament in the presence of us, who at her request and in her presence do subscribe our names in witness thereto James M. Sprunt [his signature] Jas. E. Sprunt [his signature] [end of document] [start of document] No. 77.—APPLICATION FOR LETTERS TESTAMENTARY.—Printed by John Nichols & Co., Raleigh, N.C. Duplin County:… In the Probate Court. In the matter of the Will of } Before J. H. Southerland [his signature] Elizabeth P. Edwards } Judge of Probate. B. F. Hall being sworn, doth say: That Elizabeth P. Edwards, late of said County, is dead, having first made a published her last Will and Testament; and that he the said B. F. Hall is the executor named therein. Further, that the property of the said Elizabeth P. Edwards dec. Consisting of one House & Lot in Kenansville, one House & Lot in Wilmington, N.C. together with the personal property of said dec. including claim of Life Insurance $ [amount illegible] so far as can be ascertained at the date of this application; and that Katy Edwards, J. Zwinglius Edwards, Frank Hall Edwards, Jacob Ella Edwards and J. C. Hiden Edwards all being minors with said B. F. Hall as Guardian and residing in Kenansville in said County of Duplin are the parties entitled under said will to the said property. Sworn to and subscribed before me, } This 22n day of January 1880 } B. F. Hall J. D. Southerland [his signature] Probate Judge. [end of document] [start of document] North Carolina } Probate Court Duplin County } January 22nd 1880 The foregoing paper writing purporting to be the last will and testament of Elizabeth P. Edwards is this day exhibited in open Court for Probate by B. F. Hall the Executor therein named and the due execution of the said paper writing is proven by the oath and examination of James M Sprunt and Jas E. Sprunt the subscribing witnesses thereto. Who being duly sworn say: that they saw Elizabeth P. Edwards sign said paper writing declaring it to be her last Will and Testament that they attested it in the presence of and at the request of the said Elizabeth P. Edwards and this at the time of the execution of the said paper writing by the said Elizabeth P. Edwards they believe she was of sound and disposing mind and memory. It is therefore considered by the Court that the said paper writing and every part and clause thereof is the last Will and – [end of page] [start of page] Testament of the said Elizabeth P. Edwards and the same is ordered to be recorded and filed, and thereupon the said B. F. Hall Executor as aforesaid duly qualifies as such by taking the oath, prescribed by law. J. D. Southerland Judge Probate [end of document] [start of document] Examination of James M. Sprunt and James E. Sprunt, relative to a paper writing purporting to be the last Will and Testament of Elizabeth P. Edwards, taken before J. D. Southerland, Judeg of Probate of Duplin County this 22n January A. D. 1880. James M. Sprunt and James E. Sprunt being duly sworn say that they saw Elizabeth P. Edwards sign said paper writing, bearing date 16th November A. D. 1878. declaring it to be her last Will and Testament, that they attested said paper writing in the presence of and at the request of the said Elizabeth P. Edwards; and that at the time of the Execution thereof they believe she was of sound and disposing mind and memory. Sworn to & subscribed before } James M. Sprunt Me this 22n January 1880 } Jas E Sprunt J. D. Southerland } Prob Judge } [end of document] [start of document] EXECUTOR’S OATH. – Printed and for sale by John Nichols & Co., Raleigh, N.C. State of North Carolina } ss. In the Probate Court. Duplin County. } I B. F. Hall do solemnly swear (or affirm) that I believe this writing to be and contain the last Will and Testament of Elizabeth P. Edwards deceased; and that I will well and truly execute the same by first paying her debts and then her legacies, as far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an executor, agreeable to the trust and confidence reposed in me, and according to law, so help me God. Sworn and subscribed before me, this 22n } Day of January 1880. } J. D. Southerland } B. F. Hall Probate Judge. [end of document] [cover of will] Mrs. E. P. Edwards Will Admitted To Probate Jan 22th 1880. Recorded Aug 9th 1883 by R C Broadhurst J P [end of page]
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