Bertie  COUNTY  NC Wills  - Joseph W. White

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File contributed for use in USGenWeb Archives by 
Nina Cobb Ninajcobb@aol.com 




State of North Carolina
Bertie County

I, Joseph W. White, of the County and State aforesaid,
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 bural, suitable to the wishes of my relatives
and friends, and pay all funeral expenses, together
with my just debts, howsoever and to whomsoever owing,
out of the moneys that may first-come into his hand as
part or parcel of my estate.

Item: 1st I give devise and bequeath (or shall her
loan,) to my beloved wife, Martha A. White all my
estate both real and personal, (except the land which I
shall in another item of this will bequeath to my son
William M. White.) to be hers and under her management
and control during her natural existence, (or so long
as she remains my window and no longer.)

Item: 2nd having made an equal advancement to my eldest
son James A. White in my real estate I hereby debar him
from any further share in said real estate.

Item: 3rd I give and devise to my two sons Estus White
and John T. White (after the death or intermarriage of
my wife) the tract of land on which I now live,
containing about 440 acres more or less, including my
residence and all improvement thereon, to be equally
divided between them, share, and share alike, both of
them, and their heirs, and assigns in fee simple
absolutely forever.

Item: 4th I give and devise to my son William N. White,
the following described piece or parcel of land being ÷
all north of the following line adjoining the land
where he now lives, said line commencing on the Chappel
Bridge road at an oak stump at the lower corner of the
Cobb place fence, thence running about a south west
course direct from the road to King Branch, thence [?]
said branch to the fork, containing Fifty five acres
more or less. (t be his at my death.) to him and his
heirs and assigns in fee simple forever.

Item: 5th I give and devise to my three daughters Mary
P. Keeter, Amanda E. White, and Minnie J. White, my
spring hill tract of land (after the death of my wife.)
containing one hundred and sixty acres more or less, to
them, and each and every of them, share and share
alike, to them and their heirs and assigns, in fee
smple absolutely and forever.

Item: 6th I give and bequeath to my son John D. White,
one hundred dollars in money, as his share of my estate
(in lieu of any real estate) to be paid to him at the
death of my wife, as his lawful share in all my real
and personal estate.

Item: 7th I give and bequeath to my son John T. White,
my mule, and to my daughters Amanda E. White, and
Minnie J. White, each one feather bed a furniture, and
one cow or calf each (to be given them at the death of
my wife) to them and their heirs and assigns forever.

Item: 8th My will and desire that, that (after the
death or intermarriage of my wife.) all the residue of
my estate, after taking out the devices and legacies
above mentioned, shall be sold, and the debts owning to
me collected; and, if those should be any surpluses
over and above the payment of debts, expenses and
legacies, that such surplus shall be equally divided
and paid over to my said children, James A. White,
Estus White, William M. White, John t. White, and Mary
P. Keeter, Amanda E. White, and Minnie J. White, in
equal portion, share and share alike, to each and every
of them, their heirs, executors, administrators and
assigns, absolutely forever.

And lastly, I do hereby constitute and appoint my son
Estus White, my lawful executor to all intents and
purposes, to execute this my last will and testament,
according to the lone intent and meaning of the same,
and part and clause thereof, hereby revoking and
declaring utterly void all other wills and testaments
by me heretofore made, and declaring this to be my will
and desire.

In witness whereof, I, the said Joseph W. White, do
hereunto set my hand and seal, this the Seventh day of
January, A.D. 1888.

			Joseph W. White (seal)

Signed, sealed, published and declared by the said
Joseph W. White, to be his last will + testament, in
the presence of us: who at his request and in his
presence do subscribe our names as witness hereto.

			Geo. W. Cobb
			George H. Cobb


 

(Executors Oath)

State of North Carolina	)		In the Probate Court
Bertie County			)

I Estus White do solemnly swear or (affirm) that I
believe this writing to be and contain the Will and
Testament of Joseph W. White deceased; and that I will
well and truly execute the same by first paying his
debts and them his legacies, as far as the said estate
shall extend, or the law will charge me; and that I
will well and faithfully execute the office of an
executor agreeable to the trust and confidence reposed
in me, and according to law, so help me God.

Sworn and subscribed before, this 29th
day of April 1889.

Estus White (seal)

W. L. Lyon, C.S.C.
(seal) 


North Carolina	)		In the
Bertie County	)			Superior Court

Be it known that on this 29th April 1889 is exhibited
before the undersigned, Clerk of Superior Court for the
County and State aforesaid the foregoing and annexed
paper purporting to be the last will and testament of
Joseph W. White deceased, and the execution thereof by
the said Joseph W. White was proved by the oath and
examination of Geo. W. Cobb and Geo. H. Cobb the
subscribing witnesses thereto: who having duly sworn
say that they are subscribing witnesses of the said
will: That the said Joseph W. White signed the said
will in their presence and that at his request, in his
presence and in the presence of each other they
subscribed their names as witnesses thereto: That at
the time of executing the same the said testator was of
sound mind and memory, of full age to execute a will
and under no undue restraint or influence. The said
will is admitted to probate and [?] ordered to be
recorded and filed.

At the same time Estus White the Executor therein named
was duly qualified as such by taking and subscribing
the required oath.

	Witness my hand this 29th April 1889.

			W.L. Lyons  (seal)
			Clerk Superior Court

 

State of North Carolina	)		In the
	Bertie County		)		Superior Court
A paper purporting to the Last Will and Testament of
Joseph W. White, deceased, is exhibited before me, the
undersigned, Clerk of the Superior Court for the said
county, by Estus W. White, the executor therein
mentioned, and the due execution thereof by the said
Joseph W. White by the oath and examination of Geo. W.
Cobb and Geo. H. Cobb the subscribing witnesses
thereto: who being duly sworn, 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 and Testament of Joseph W.
White; that the said Joseph W. White, in the presence
of this deponent, subscribed his name at the end of
said paper writing which now shown as aforesaid, and
which bears date of the 7th day of January 1888. And
the deponent further said, That the said Joseph W.
White, the testator aforesaid, did, at the time of
subscribing his name as aforesaid, disclose the said
paper writing so subscribed by him and exhibited, to be
his Last Will and Testament, and at the request and in
the presence of the testator subscribed his name to the
said will as aforesaid, and at the time of deponent's
subscribing his name as an attesting witness thereto,
as aforesaid, the said Joseph W. White was of sound
mind and memory, of full age to execute a will, and was
not under any restraint to their knowledge, information
or belief of this deponent. And further these deponents
say not.

			Geo. W. Cobb  (seal)
			George H. Cobb (seal)

 



LAST WILL & TESTAMENT OF JOSEPH W. WHITE
Dated January 7, 1888

and subsequent probate documents


Transcribed April 12, 2004
by W. P. Goodwin, Jr.
(great-grandson of the deceased)

from copies provided
by the

North Carolina State Archives

to Nina J. Cobb
(great-granddaughter of the deceased)

NOTES:
This Rev. Joseph W. White and his wife Martha Ann White
have a segment of a stained glass window in the front
of Capeharts Baptist Church in their memory. He Joseph
was the son of Capeharts 2nd pastor the Rev Henry
White. Henry was also a pastor of Ross and Holly Grove
Churches. Rev. Joseph W White was ordained at Capeharts
and later ordained as first pastor of Greens Cross
Baptist Church in 1874.
Neil Baker nbaker1@clis.com