JOHN DURHAM CARROLL 1809-1885 In the name of God Amen. I, JOHN D. CARROLL of the county of Duplin and State of North Carolina, being of sound disposing mind, blessed be God for the same, but considering the uncertainty of my earthly existence, do make and declare this to be and contain my last will and testament, in manner and form as follows, that is to say First - It is my will and I so direct, that my executors herein named shall provide for my body a decent and Christian like burial, suitable to the wishes of my family and friends. 2nd -- Out of the first money that comes into the hands of my executors, as a part of my estate, I desire, will and so direct, that my funeral expenses and all my just debts be paid, whosesoever, howsoever and to whomsoever owing. 3rd -- Should there not be money enough on hand at my death to pay of all my funeral expenses and all my just debts, and all of the several bequests and legacies in money hereafter made by me in this my will, together with the costs and expenses of settling up my estate in every way, it is my will that my Executors shall sell enough of my personal and chattel estate to raise the necessary sum for paying off the same. And I desire also and so direct that should they have to make such sale, that they shall select such of said personal and chattel estate as will most likely waste or be of the least value and use to my beloved wife ZILPHIA CARROLL during her life. 4th -- I give and devise to my beloved wife ZILPHIA CARROLL for and during her life or widowhood all of my personal or chattel estate, not otherwise disposed of by me in this my will. And if necessary for her comfort and support during her widowhood or during her life should she not marry again, she is not to be restrained or in any manner prevented from the absolute use and consumption of any or all of said property. Such of said property, at my death or at any time thereafter as may be in a wasting condition and not necessary for the immediate use, support and comfort of my said beloved wife, shall be sold by my Executors, and the money arising from such sale or as much thereof from time to time, as her necessities may require, shall be paid to her or applied for her comfort and support as she may direct. Should my said beloved wife marry again it is my will that all of my personal and chattel estate given to her by me in this will, shall be immediately, upon her said marriage, divided between her and my children LUTHER R. CARROLL, MARY ANN CARROLL, MARTHA J. FRYAR. OWEN J. CARROLL each taking immediate possession in severalty of their respective shares. I also give to my said beloved wife all of my lands and tenements for and during her life or widowhood. Should she marry again, then and in that case I give her, for and during her life, only, that portion of part of my lands hereinafter bequeathed to my daughter MARY ANN CARROLL, together with all and singular the improvements & appurtenances thereunto belonging. 5th -- I give and bequeath to my son GEORGE W. CARROLL and his heirs and assigns forever, a little over an acre of land across the road in front of his house, beginning at a stake in his line in the edge of the road on the upper side of a small ditch that crosses the road near the corner of his cow lot and rund down the upper side of the ditch. S 77 E 4 poles to the turn of the ditch; then S 36 ½ E 34 poles 7 feet to the middle of the field ditch; then up the middle of the field N 86 W 12 poles 13 feet to GEORGE W. CARROLL’s line; then his line reversed N 23 W 28 poles and 1 yard to the beginning. The lands and tenements heretofore given to my said son GEORGE W. CARROLL & his heirs forever by deed of gift I now confirm by this my will now will and bequeath to him five dollars. 6th -- I give and bequeath to my son JAMES T. CARROLL and his heirs and assigns forever, subject to the life estate of my beloved wife ZILPHIA CARROLL or her use during her widowhood as provided for her in a former claim of this my will, the following part, tract or lot of my land. Beginning at a stake the lower corner on the canal of the part, tract or lot of my land given to my daughter MARY ANN CARROLL in this my will and runs with her line reversed N 4 W 18 poles to a stake in the ditch; then 19 E 376 poles to MARTHA J. FRYAR’s line; then to her line N 52 ½ E 46 poles to a stake in corner on the back line; then the back line S 45 E 68 poles to a stake OWEN J. CARROLL’s corner; then his line S 31 W 257 poles to a stake on the ditch bank south of the road; then across the field S 25 ½ W 103 ½ poles to a stake; then S 8 ½ E 35 ½ poles to a stake in the mouth of a ditch in the canal then west 29 poles up the canal to the beginning containing 121 acres more or less. I confirm this my will all the gifts of property in whatsoever manner by me and unto the said JAMES T. CARROLL and his heirs and assigns forever. And I do now give and bequeath unto him the some of ten dollars. 7th -- I confirm by this my will all advancements and gifts made by me heretofore for the education and other purposes of my son JOHN L. CARROLL. And I do now give and bequeath unto him the sum of ten dollars. 8th -- I confirm by this my will all advancements and deeds of gifts made by me heretofore, to my son LUTHER R. CARROLL and his heirs forever. And I do now, in addition to all or any other bequest made by me to him, five and bequeath unto him the sum of ten dollars. 9th -- I give and bequeath to my daughter MARY ANN CARROLL and her heirs and assigns forever, subject to the life estate of my beloved wife ZILPHIA CARROLL as provided for her in a former clause of this my will, the following par, tract, or lot of my land, beginning at a stake in the canal, MARTHA J. FRYAR’s corner and runs with her line N 13 W 10 poles; N 1 E 54 poles; N 20 E 14 poles; N 41 E 12 ½ poles; N 27 ¼ W 29; N 18 ¼ W 11 poles; N 75 ½ W 6 ¼ poles’ So 70 ½ W 18 poles; N 47 W 12 poles; N 28 W 40 poles to a sweet gum; then N 37 E 125 poles to a stake; then N 52 ½ E 164 poles to a stake in her line a corner of JAMES T. CARROLL’s lot; then with his line reversed S 19 W 376 poles to a stake his corner in the ditch; then S 4 E 18 poles to the canal about 24 poles to the beginning containing 161 acres more or less. I also give and bequeath to her, one bed and furniture, my melodeon and fifty dollars to her and heirs forever. And I confirm by this my will all advancements heretofore made to her in any manner whatever. 10th -- I give and bequeath unto my son OWEN J. CARROLL and his heirs and assigns forever, subject to the life estate of my beloved wife ZILPHIA CARROLL and her use during her widowhood the following tract or lot of land, viz: The part or lot lying below and adjoining JAMES T. CARROLL’s lot or tract, beginning at a stake JAMES T. CARROLL’s lover corner on the canal and runs with his line reversed N 8 ½ W 35 ½ poles to a stake then N 25 ½ E 103 ½ poles to the stake on the south side of the road on the edge of a ditch, then N 31 E 257 poles to a stake his corner in the back line; then down the back line S 45 E 90 poles to a spruce pine; then DAVID W. FARLOW’s line S 48 W 140 poles to a stake; then south 48 poles to a pine, then S 49 E 40 poles to a cum and pine in Tarkiln branch; then down to Branch with JOSEPH H. CARR’s line about S 41 W 108 poles to a sweet gum his corner; then N 63 W 41 poles to a stake; then S 22 W 19 poles to a stake; then S 51 W 7 poles to a stake; then S 20 ½ W 8 poles to a stake; then S 30 ½ W 30 poles to a stake in his canal his corner then up the canal to the beginning containing 141 acres more or less. I also give and bequeath to him the town lot in Magnolia, that I bought from Merriman & Newberry and on which he has built a store. I also give him five dollars. The said town lot I give to him and his heirs forever and confirm all advancements made to him. 11th -- I confirm by this my will the deed of give made to my daughter MARTHA J. FRYAR for land and also all advancements in any way made to her. I now give and bequeath to her the sum of ten dollars. 12th -- I give and bequeath to my nephew CHARLES THOMAS GREGORY one good horse bridle and saddle, provided he remains and works with me or my wife until he is twenty one years of age. And lastly -- I constitute and appoint my worthy sons GEORGE W. CARROLL and JAMES T. CARROLL Executors to this my last will and testament, to execute the same according to the true intent and testament, to execute the same according to the true intent and meaning of the same. Signed, seal, published and declared By the testator as his last Will & Testament In our presence, who at his request & in his presence And in presence of each other subscribed The same as witnesses. John D. Carroll (Seal) Jno. A. McArthur L. Hussey June 2, 1871 I, JOHN D. CARROLL of the County of Duplin and State of North Carolina in consideration of certain changed and dispositions made of my real estate as hereinbefore set forth in my last will and testament do hereby append the following clauses setting forth my wishes and desires, which are as follows, viz: That items 1st., 2nd, 3rd & 4th be carried our and executed in the same manner as set forth in the foregoing will and testament, and in further consideration of having made and executed proper deeds of conveyance to my children for my real estate after reserving the life estate of myself and wife ZILPHIA CARROLL, I therefore make the following bequest of all the personal property of all kinds and descriptions, that may be on hand or in the possession of my beloved wife ZILPHIA CARROLL at her death, be equally divided between my daughters MARY A. PIGFORD and MARTHA J. FRYAR after defraying and discharging any indebtedness that may arise during her widowhood or death, the division to be made in just such manner as they may agree upon. Signed, Sealed and declared To be my last will and Testament. This 13th day of Dec. 1882 In presence of GEORGE W. CARROLL MARY A. PIGFORD JOHN D. CARROLL (Seal) From Duplin County Wills 1759-1913, in N.C. Archives C.R. 035.801.3 Duplin County Wills 1759-1913 In N.C. Archived C.R. 035.801.3 John Durham Carroll was my Great Great Grandfather Zilpha Carroll was Zilpha Chesnutt Martha J. Carroll, was married to Thomas Fryar Mary A. Carroll, was married to Edward Thomas Pigford Charles Thomas Gregory I believe was the son of Elijah James Gregory and Martha Ann Chesnutt (Martha Ann was the niece of Zilpha Chesnutt Carroll This will is not to be copied and posted on any other site!
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