Will of William Stroud ~ 1882

Transcribed by Joan S Dunn


  Copied from the original Probate folder in NC State Archives in Raleigh, NC Last Will and Testament dated September 30th, 1882 I William Stroud of the County of Duplin and State of North 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: I give and devise to my oldest daughter Eliza Winniford all that tract of land on the East side my plantation beginning at the gate running with the path to the gate at the dwelling house where I now reside and with the yard fence on the West side of my dwelling house-including all the buildings to a Stake, thence a strait line to the head of a little branche in the plantation with said branch as it runs to a ditch as the ditch thence to the run of the North East River down the run to G.W. Williams line and with his line to the beginning; also one other tract of land containing twenty acres situated on the south side of the Mount Olive road; the West end of the forty acre tract of woodland. I also give to my daughter two cows and calves 2 sows and pigs one hourse and one mule which I may have at my decease. To my son Thomas I give and devise all that tract of land on the West side of my plantation, beginning at the gate runing with G. W. Williams line and the Mount Olive road to the Goldsboro and Kenansville road thence with the road to the North East River down the run to my daughters line and with her line to the beginning. I also give to my son Thomas the East and of my forty acre woodland tract where he now resides. My Will and desire is that the residue of my estate, if there be any after taking out the devises and legacies above mentioned. to be divided between my three children Winniford, William and Thomas, in the proportion to Winniford I give one half, to William I give one fourth and to Thomas I give one forth. And lastly I do hereby appoint W. J. English 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 by my heretofore made in witness whereof I, said William Stroud do here until set my hand and seal, this the 30th day of Sept 1882. Signed, sealed published and declared by the said William Stroud to be his last will and testament in the present of us, who, at his request and in his presence do subscribe our names as witness thereto. G.W. Williams WM Stroud (note signed with signature) (Seal) A.J. Grant North Carolina Superior Court Duplin County before R. C. Broadhurst, cfc In the matter of the last will and Covenant testament of William Stroud deceased A paper writing, proporting to the last will and testament of William Stroud deceased and which is words and figures following, to wit. a copy of which is hereto attached marked A, is provided for probate by the executor therein named and provided in Covenant form, wherefore as Thomas Stroud as kin-at-law and next-of-kin of the said William Stroud came into court with a covean to the probate thereof and say that the same is not the last will and testament of the said William Stroud for the various (unknown word) and said that a certain paper writing exhibited by him of date 30 day of September 1882 is his last will and testament, a copy of which is as follows. (copy) a copy of which hereto attached marked B. And therefore the coveat? depicts the following issues to be made up and submitted to the jury, to wit. is the said paper writing or any part there of date 18 day of March 1854, if so which part, the last will and testament of the said William Stroud? Is the said paper writing or any part therefore, of date 30 day of September 1884, and is so which part, the last will and testament of the said William Stroud? And on motions , it is ordered that a notice be issued against William Stroud & Winnifred Stroud & Elizabeth Stroud the kin-at law and next -of -kin and the persons intended under said paper writings to appear at the next time of Superior Court of Duplin County to be held tho? (at Wednesday of August 1890 to see proceedings in this cause, and to make themselves parties to said issues, if they shall think proper. R. C. Broadhurst Number 341.D. APPLICATION FOR LETTERS TESTAMENTARY-Printed and for sale at Harrell's Printing House, Weldon, NC STATE OF NORTH CAROLINA, SS, IN THE SUPERIOR COURT Duplin County. A paper writing purporting to be the LAST WILL AND TESTAMENT OF William Stroud deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by W. J. Jones the executor therein mentioned, and the due execution of thereof by the said William Stroud is proved by the oath and examination of W. J. Jones & J. H. Brock the subscribing witnesses thereto: who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him purporting to be the last will and testament of William Stroud that the said William Stroud in the presence of this deponent, subscribed, name at the end of said paper writing, now shown as aforesaid, and which bears date of the 18th day of March 1884. AND THE DEPONENT FURTHER SAITH, That the said William Stroud the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited, to be his LAST WILL AND TESTAMENT, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further saith, that at the said time when the said testator subscribe his name to the said last Will as aforesaid and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said William Stroud was of sound mind and memor, of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent: and further these deponents say not. This therefore considered and adjudged by the Court that the said paper writing and every part and clause there of is the last will and testament of William Stroud Deceased and the same is ordered to be recorded and filed. W. J. Jones the executor named in each last will and testament failed to qualify as executor. R. A. Broadhurst

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