Edgecombe County, NC - Wills - Hocott, Richard-1853 File contributed for use in USGenWeb Archives by Lorene Rambo 1853/1855 Challenged will of Richard Hocott North Carolina Archives: Wilson Wills; Box CR105.801.5; Folder Richard Hocott Wills Benjamin Hocott and others vs. Lewis Hocott and others The petition of Lewis Hocott, James Hocott, Richard Hocott, and James S. Eason and wife Lidia vs Daniel Hocott and Benjamin Hocott To the justices of Wilson County Court. Your petitioners shew unto your worship that the late Richard Hocott died in the month of February or March 1855, leaving a paper writing purporting to be his last will and testament, and that said paper was propounded for probate by the Executors therein named, (who are the defendants), at April Term last of this Court. That the said paper, a copy of which is herewith annexed, was proved in common form, without any notice whatever to your petitioners, by one of the subscribing witnesses. That your petitioners, Lewis, James, and Richard, reside in the state of Arkansas, and were not informed of the probate of said will, or that the said Richard was dead till a short time since, when they immediately wrote their agent to look after their interests, who received this communication a short time before the present Term of this Court, and not in time to take any proceedings at a prior term of this Court. That your petitioners James S. Eason and wife reside in this County. That your petitioner Lidia, and your other petitioners and the defendants, are the legatees mentioned in said paper and are the only next of kin, except the widow, who has dissented therefrom. Your petitioners are informed and believe that the said Richard Hocott, the alleged testator, was non compos mentis at the making of the said paper and totally incompetent to make a will and they believe that they will be enabled to satisfy the court and jury that such is the fact. They therefore pray your worship to order the said paper to be repropounded for probate and that an jury be made up to try the same - and that your worships will make such further orders and decrees as may be necessary. They further pray that a copy of this petition and subpoena issue for each of the defendants, commanding them to appear at the next Term of this Court. And your petitioners will ever pray. Bernard Hortch, Sol James S. Eason for himself and as agent for Lewis, James, and Richard Hocott, makes oath that the facts set forth in the foregoing petition are true to the best of his knowledge and belief. Sworn to and subscribed before L. Bannis, Clk. James S. Eason X his mark Richard Hocotts Will; Recorded in Book no 1 on Page 21 and 22 (Wilson Co., NC) In the name of God Amen I Richard Hocott of the County of Edgecomb and State of North Carolina being of Sound mind and memory do make, ordain, declare, and publish the following to be and contain my last will and testament in manner and form following to wit - Item first I will and desire my Executors herein after named to provide for my body a decent buryal and to pay all my just debts out of the first moneys coming into their hands as a part and parsel of my Estate. Item second I will desire and devise unto my beloved wife Elizabeth The dwelling house where I now live and one hundred and fifty Acres of land around it to be laid off as she may want it to have and to hold to her the said Elizabeth for and during her natural life and no longer. Item third I give and bequeath to my wife Elizabeth the following slaves with all their issue born after the date of this will to wit one man named Ben and one woman named Sinia and one girl named Hester to have and to hold during her naturel life and no longer. Item forth I give and bequeath unto my said wife Elizabeth two cows and calves one horse two yews and lambs two sows and pigs all of which to be her choise all the poultry one loom and all of my household and kitchen furniture except what is hereafter named one buggy and harness and one bed and furniture (her choise) for and during her life and no longer. Item the fifth I give and bequeath unto my said wife Elizabeth one other bed (her choise) with all the bed cloths she had before we were married which she may dispose of as she may like. Item sixth I give and bequeath unto my said wife Elizabeth one thousand pounds of pork and twenty five barrels of corn one thousand pounds of fodder twelve pounds of sugar and twelve pounds of coffee and ten gallons of molasses and three bushels of salt and one barrel of flower for her support. Item the seventh I give and bequeath to my Son Daniel Hocott the following slaves to wit one negro man named Amos one woman named Alif one girl named Mary one girl named Sarah and one boy named John All of which I give to the said Daniel Hocott in fee simple provided he, the said Daniel, leaves a child or children surviving him and if he leaves no child or children nor the isue of child or children I want the said slaves equally divided among all my children. Item the eight I give and bequeath unto my son Benjamin Hocott all my lands not before mentioned also one Negro man named Ben and one woman named Sinia and one girl named Hester, before mentioned, after the death of my said wife Elizabeth also the lands given to my said wife I give to the said Benjamin Hocott after her death. Item the ninth my will and desire is that all my property not herein mentioned be sold after my death and the money be equally divided among all my children except Daniel Hocott and Benjamin Hocott. Item tenth I nominate and appoint my sones Daniel Hocott and Benjamin Hocott Executors to this my last will and testament hereby revoking all other wills and testaments by me heretofore made. In testimony of which I hereunto set my hand and seal This the ninteenth day of September A. D. 1853. Signed published and declared to be and contain the last will and testament of Richard Hocott in our presence who witness the same at his request the year and date above written. Benjamin Bynum Richard Hocott (his mark) _____ D. Owens ============================================================== 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. The 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, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==============================================================