Will of David Rouse ~ 1870

Transcribed by Joan S Dunn

  Source: Nc Archives - Cr 035.801.10 Written: 1870 I David Rouse Sr. 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: First that my executor (hereinafter named) shall provide for my body a decent burial, suitable to the wishes of my relations and friends, and pay all funeral expenses, together with my just debts, howsoever and to whomsoever owing out of the money that may first come into their hands as part or parcel of my estate. Item: I give and bequeath to my son Jacob Rouse one hundred acres of land at the head of Wilson Meadow branch on the public road near William Parker's. Item: I give and bequeath to my grandson David W. Rouse a portion of the tract of land on which I now reside, also a portion of the Bryan track, the dividing line will commence at Jacob Rouse' corner nearly south of his house and will run nearly west to a stake by a pond on a ditch, thence with the ditch nearly south to its corner, thence with said ditch nearly west to a stake, thence nearly south through the field by the old corn crib to its junction with the Bryan line, all east of which I give and bequeath to my said grandson David William Rouse. Item: I give and bequeath the remaining portion of my home and other piney land to my son Owen Wright and Timothy the south prong of Mile branch to be the dividing line, Timothy's portion to be on the south side and Owen W. to be on the north side of said line, my son Timothy being an idiot, I leave him and his portion in the care and protection of my son Owen W. and Jacob and of Timothy's death his portion to be equally divided between Owen W. and Jacob or their heirs. Item: I give and bequeath to my daughters Nancy, Sarah M. and to the children of my daughter Susan J. dec'd all of that portion of my Laughlin Percosin tract of land which lies on the east side of the canal to be equally divided except to the children of my daughter Susan wife of Jacob Howell she having received one hundred and ninety five dollars in advance which shall be so considered in the division. Item: I give and bequeath further to my grand son David William Rouse a portion of my Locklin Percosin tract of land containing about ten or twelve acres on the west side of the canal and bounded by the Percosin canal on the east and the west by the Percosin road on the south by the middle ditch, on the north by Brice line. Item: I give and bequeath all of the remaining portion of said Percosin land to my sons Jacob and Owen W., Owen W. to have one hundred dollars advantage in the distribution, he having advanced that amount in the purchase of said land. Item: I give and bequeath to my grand son David W. Rouse one hundred dollars in old notes. Item: I give and bequeath to my three grand daughters Barbara C. Savage, Mary S. Manellis and Sarah Rouse, two hundred dollars in old notes to be equally divided. Item: I wish all other property found in my possession of my death sold & divided equally between all of my heirs. Lastly, I do hereby constitute and appoint my trusty friends G.S. Carr and Jas. Carr my lawful executors 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 David Rouse do hereunto set my hand and seal this 18th day of June A.D. 1868. Signed sealed published & declared } David X Rouse {Seal} by the said David Rouse to be his } last will & testament in the } presence of us who at his request } & in his presence do subscribe our } names as witnesses thereto } ----------- State of North Carolina } Probate Court Duplin County } August 29 1870 The foregoing paper writing purporting to be the last will & testament of David Rouse deceased is this day exhibited in open Court for Probate by Gibson S. Carr one of the executors therein named and the due execution of the said paper writing is proven by the oath & examination of Gibson S. Carr one of the subscribing witnesses thereto, who being duly sworn says that he saw David Rouse sign said paper writing declaring it to be his last will and testament that he attested it in the presence of said David Rouse & at his request and at the time of the execution of said paper writing by the said David Rouse that he believes the said David Rouse was of sound & disposing mind & memory. He further testifies that W.H. Heldt the other subscribing witness to said paper writing is not a resident of North Carolina but resides in the State of Texas as he has been informed. He further testifies that he is acquainted with the hand writing of said W.H. Heldt & saw him sign his name to said paper writing in the presence of said David Rouse and at his request. It is there fore considered by the Court that the said paper writing & every part & clause thereof is the last will & testament of the said David Rouse and that the same is ordered to be recorded & filed. And thereupon the said Gibson S. Carr executor as aforesaid duly qualifies as such by taking the oath required by law. J.D. Southerland Probate Judge Duplin County ----------- State of North Carolina } In Probate Court Duplin County } August 29th 1870 To the Judge of Probate for said County The undersigned would respectfully represent to your Honorable Court that he has qualified as Executor to the last will & testament of David Rouse Deceased and that the estate consists of perishable property in a wasting condition and that it is necessary to sell the same and owing to the financial condition of the County he believes if sold on a credit it is very doubtful whether he would be able to collect the notes or bonds as it is extremely difficult to tell who is and who is not good for their debts - he therefore respectfully ask permission to sell for cash after advertising according to law. G.S. Carr Exe'r This August 29th 1870 Upon the foregoing petition the executor is allowed to sell the purchaser property of his testator for cash. August 29th, 1870 J.D. Southerland Probate Judge ----------- State of North Carolina Duplin County In the Probate Court August 29 1870 Personally appeared before John D. Southerland and Judge of Probate for Duplin County Gibson S. Carr who maketh oath according to law that he is one of the executors named in the last will & testament of David Rouse deceased. The property of the deceased consist of cattle, hogs, small growing crops, and house-hold and kitchen furniture worth about three hundred dollars. The following persons are entitled as heirs to the estate of David Rouse Deceased - Jacob Rouse of Duplin County; Timothy Rouse of Duplin County; Mrs. Nancy Teachy of Duplin County; Thos. K. Murphy & wife Sarah M. Murphy of Duplin County; David William Rouse of Duplin County; Robert Owen Rouse of Berrien County Georgia; John Manellis & wife Mary Susan Manellis of Duplin County; Sally Jane Rouse of Duplin County; Jas. Savage & wife Barbary Catherine heirs of Alfred Rouse deceased.

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