BERTIE COUNTY WILL - Mitchell, James S. - 1866 File contributed for use in USGenWeb Archives by SHIRLEY M. WERSINGER WILL OF JAMES SAUNDERS MITCHELL D. 1869 BERTIE COUNTY TRANSCRIBED BY SHIRLEY M. WERSINGER In the name of God Amen I James S. Mitchell of the county of Bertie & State of North Carolina being of perfect and sound mind & memory (blessed be God) do this thirteenth day of July in the year of our Lord one thousand eight hundred & Sixty Six make and publish this my last will & testament in form following (To wit) 1st. I hereby direct that the marriage contract entered into between my beloved Wife and my Self before our marriage be as fully complied with as is practable under the circumstances according to the true intent & meaning thereof. And to pay the eight hundred dollars secured to her in said contract I leave one note of hand signed By her son ?Doct. Francis Gillam for twenty one hundred & eleven dollars & twenty four cents also one other note signed by William Gray for four hundred dollars & payable to my said wife before our marriage also the interest on said note not heretofore paid. And the balance of said notes after paying the said eighty hundred dollars, I give and bequeath unto her & her heirs forever. And further I give and bequeath unto my beloved wife Frances Mitchell all the house hold & kitchen furnature that belonged to her before our marriage and one hald of what we have acquired since also my carriage and harness and carriage mules to her & her heirs forever-- 2nd. I give and bequeath unto each & all of my children, all that part of my estate which they have already recd to them & their heirs forever-- 3rd. I lend unto my daughter Mary E. W. Mitchell one fourth part of the ballance of my estate after paying my just dets & necessary expences during her natural life & after her death to be eaquley devided between all her children to them & their heirs forever-- 4 the ballance of my estate I leave to be eaquley devided between my three sons namely John Mitchell, William H. Mitchell and James W. Mitchell to them and their heirs forever-- And lastly I hereby constatute and appoint my son in law Willaim W. Mitchell my son John Mitchell my son William H. Mitchell and my son James W. Mitchell my lawful executors to this my last will and testament according to the true intent & meaning thereof hereby revoking & declareing utterly void all other wills by me heretofore made in witness whereof I the said James S. Mitchell do hereunto set my hand & affix my seal the day of date above written-- James S. Mitchell [seal] Witnesses Andrew J. Askew G. C. Moore Sept 25th 1868 Codicil to my last will & testament I have this day advanced to my son W. H. Mitchell the sum of two thousand dollars which he is to account for before he receives any distribution share in the resadue of my estate--As provided in my last will & testament-- And I hereby declare this to be part & parcil of my said last will and testament in witness whereof I have hereunto set my hand and seal the day & date above written-- Jas. S. Mitchell [seal] June the 4th 1869 Codicil the 2nd to my last will and testament-- I give and bequeath unto my beloved wife Frances Mitchell my rockaway & harness and one hundred dollars in place of the carriage & harness and carriage mules iven her in my said last will-- And I hereby declare this to be part and parcil of my last will and testament in witness whereof I have hereunto set my hand and affixed my seal the day and date above written-- Jas. S. Mitchell [seal] State of North Carolina Bertie County To the Probate Court A paper writing with codicils annexed is exhibited before me for probate by William W. Mitchell, James W. Mitchell and William H. Mitchell, three of the executors therein named, and the due? execution thereof by the said James S. Mitchell is proved by the oaths and examinations of Andrew J. Askew and Godwin C. Moore the subscribing witnesses thereto. And it is further proved on the oath and examination of James W. Mitchell, that said will and codicils annexed was found among the valuable papers of said James S. Mitchell after his death. And it is ifurther proved by the oath and examination of the said Andrew J. Askew, John G. Askew and Lorenzo S. Webb, three competent and credible witnesses, that they are acquainted with the handwriting of said James S. Mitchell from having often seen him write and verily believe that the name of said James S. Mitchell, subscribed to the several said writings, and every part therein, the said writings excepting the names of the attesting witnesses, are in the proper hand-writing of said James S. Mitchell and his handwriting is generally known among his acquaintances. It is therefore adjudged that said paper writing and codicils annexed, are the last will and testament of said James S. Mitchell, and it is thereupon ordered that the same be recorded and filed. And thereupon the executor John Mitchell renounces and refuses to qualify, and the said William W. Mitchell, James W. Mitchell and William H. Mitchell, the other executors therein named duly qualify as such by taking the oath prescribed by law. Wm P ?Grimsby ? Greeley Probate Judge [Admitted for probate November 2nd, 1869, recorded November 30th] ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access.