Will of Curtis Dail ~ 1864

Transcribed by Joan S Dunn

  State of North Carolina Duplin County In the name of God Amen, I Curtis Dail of said State & County being of sound mind & memory but knowing that all men must die .. do this 30th day of July in the year of our Lord one thousand eight hundred & sixty four make ordain & constitute this my last Will & Testament in manner & form as follows: submitting my soul to God who gave it & my body to be decently buried Item. 1st I give unto my wife Penelope Dail my household & kitchen furniture, plantation to the briery branch where I now live during her natural life, one cow & calf, one sow & pigs. My horse all necessary hous ? in property for her lifetime 2nd I give to Thomas Hardison & wife Margaret one dollar as his full share of all my property. 3rd I give unto John Creech & wife Matilda a full share of all my property after my death 4th I give unto my son Archilus Dail, Calvin Dail, Stephen B. Dail, A. B. Dail, Curtis Atlas Dail, Catharine Summerlin all full shares of my property with this exception that my Executor (word cut off) to Atlas after my death Fifty dollars more than any of my other children. Item 5th I give unto Lemuel Hardison & wife Caroline one Dollar as their full share of my property. Item 6th I give unto Buckner Dail one Dollar as his full share of my property which I want my Executor to sell Item 7th I leave all my perishable property not given to my wife & all my lands on the North side of Mirey Branch to be sold rite away after my death & the other property to be sold after my wife’s death & be divided as I have named my children within. Item 8th and lastly. I nominate my esteemed friend N. B Whitfield my executor to this my last Will & Testament dis (word cut Off) all other will or wills by me made heretofore. In witness whereof I have hereunto set my hand & seal this day & date above written. Curtis (x) Dail Witness J. W. Outlaw, J. P. Whitfield North Carolina Duplin County July Term 1865 The within & foregoing paper writing purporting to be the last Will & Testament of Curtis Dail is exhibited for probate in open Court. Needham B. Whitfield the executor therein named & the due executor thereof is proved by the oath & examination of J. P. Whitfield one of the subscribing witnesses thereto & the other subscribing witness thereto not being present the case was continued & it is ordered that a supona be issued for J. W. Outlaw the other subscribing witness thereto to appear at the next Term of this Court & testify as to the execution of each paper writing by the said curtis Dail Test. I.D. Southerland Clerk Duplin county Court July Term 1865 Penelope Dail widow of Curtis Dail deceased comes into open Court & upon her late husband the said Curtis Dails will being propounded for probate before the Court she in person expresses her desire to dissent therefrom & thereupon on motion it is ordered that her dissent from said will be entered of record ? her dissent therefrom & thereupon on motion it is ordered that her dissent from said will be entered of recon I. D. Southerland, Clerk

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