Johnston County, NC - Will & Estate Records File contributed for use in USGenWeb Archives by Elton Cooke 1891 Will of Nancy Cook North Carolina Johnston County In the Superior Court I Nancy Cook of the State of North Carolina Johnston County being of sound mind and memory and desiring to dispose of my earthly estate while living in such manner that there may be no dispute among my children when I am gone do make and declare the following to be my last Will and Testament. Item 1. I desire my Executor hereinafter named to give my body a decent burial suitable to the wishes of my friends and relations and pay all funeral expenses together with all my just debts out of the first money that may come into his hands belonging to my estate. Item 2. I have advanced to my beloved son John H. A. Cook the sum of Seven Hundred dollars. Item 3. I have advanced to my beloved son James Henderson Cook the sum of Two hundred and fifty dollars. I also give and bequeath to him Forty acres of land lying in Said County and State in Selma Township adjoining the lands of J. C. Scarborough, J. R. Harrell and others for which I paid the sum of Four hundred and fifty dollars making in the whole I give him the sum of Seven hundred dollars. Item 4. I have advanced to my beloved daughter Allie Earp my life time estate and interest in land given her by her father A. J. Cook, deceased, situated in Selma Township also one ox for which I was offered thirty dollars. I give and bequeath to said daughter the use of the sum of Six hundred dollars to be held in trust for her and her heirs by John H. A. Cook and to be expended by him for their only use in food and clothing as he shall see their neccesities require during the life of her husband William Exum Earp and at his death the remainder of said sum if any shall be paid over to her or her heirs and said trust shall cease provided however that if during my life I shall see that their condition may require it I shall make advances to them and an account of such advances so made shall be credited to said Trustee at my death and be deducted out of said Six hundred dollars and the remainder only comes into the hands of said Trustee for their use. Item 5. My Will and desire is that all residue, if any, after taking out the above devises and bequeaths of my estate be equally divided between my two sons John H. A. Cook and James H. Cook. Item 6. I hereby constitute and appoint my son John H. A. Cook my lawful Executor 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 before made. In testimony whereof I the said Nancy Cook to hereunto set my hand and seal this the 3rd day of December, A. D. 1891. (signed) Nancy (X, her mark) Cook (seal) Assigned and declared to be her Will in the presents of (signed) James B. Reavis (signed) Charlie Wall (signed) Alice Wall Johnston County in the Superior Court Certificate of Probate The 3 day of Feb'y 1892 In the matter of the Will of Nancy Cook, Deceased, a proper writing purporting to be the last will and testament of Nancy Cook, deceased, is exhibited for Probate before one W. S. Stevens, Clerk of Superior Court for said county by John H. A. Cook the executor therein named and Jas. B. Reavis and Charley (sic) Wall two of the subscribing witnesses hereto having been duly sworn each deposes and said: That they are each a subscribing witness to said will and that the said Nancy Cook subscribed the same in their presence. They further said that the said Nancy Cook at the time of subscribing the same declared the said writing to contain her last Will and Testament and they did each thereupon at the request and in the presence of the said testator subscribe their names as an attesting witneses thereto. And further that at the time of the subscribing as aforesaid the said Nancy Cook was of sound mind and memory of full age to execute a will and under no restraint to their knowledge and belief. Thereupon it is adjudged by the Court that the said proper writing and and every part thereof is the last Will and Testament of the said Nancy Cook and the same is ordered to be recorded and filed. And thereupon J. H. A. Cook, Executor as aforesaid, is duly qualified as such. Let Letters Testamentary issue accordingly. (signed) W. S. Stevens Clerk of Superior Court State of North Carolina Johnston County In the Superior Court A paper purporting to be the last Will and Testament of Nancy Cook, deceased, is exhibited before me the undersigned Clerk of Court for said County by John H. A. Cook the executor therein mentioned and the due execution thereof by the said Nancy Cook is proved by the oath and examination of Jas. B. Reavis and Charley (sic) Wall two of the subscribing witnesses thereto: who bring duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the proper writing now shown him purporting to be the last Will and Testament of Nancy Cook; That the said Nancy Cook in the presence of this deponent subscribed his (sic) name at the end of said proper writing now shown as aforesaid and which bears the date of the 3 day of December 1891 And the deponent further saith that the said Nancy Cook, the testator aforesaid did at the time of subscribing her name as aforesaid declare the said proper writing so subscribed by her and exhibited to be her Last Will and Testament and this deponent did thereupon subscribe his name at the end of of said Will as an attesting witness thereto and at the request and in the presence of the said testator. And this deponent further saith that at the said time when the said testator subscribed his (sic) name to the said last Will as aforesaid and at the time of deponents subscribing his name as an attesting witness thereto as aforesaid the said Nancy Cook was of sound mind and memory of full age to execute a Will and was not under any restraint to the knowledge, information or belief of this deponent. And further these deponents say not. (signed) Jas. B. Reavis (seal) (signed) Charlie Wall Severally Sworn and Subscribed this 3 day of Feb'y 1892 before me (signed) W. S. Stevens, C.S.C. //Contributor's notes// Nancy Cook was the former Nancy Morris of Nash County. She was the widow of Andrew Jackson (A. J.) Cook and the mother of Allie, John H. A., and James Henderson Cook. She died shortly after the date of this Will. __________________________________________________________________________ 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. __________________________________________________________________________