NC, Lenoir, Will, Joshua Daly ========================================================= 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, 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. This file was contributed by Dr. Leo Anderson Oct. 2000. ========================================================== WILL OF JOSHUA DALY Joshua Daly Will is a certified Copy, and it is hand written. The original is at the Lenoir County Courthouse I Joshua Daly of Mosely Hall Township 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, herein after manner, shall provide for my body a decent burial, suitable to the wishes of my relatives and friends, and pay all funeral expenses- together with my just debts, if any be found - howsoever and to whomsoever owing out of the moneys that may 1st come into his hands, as a part or parcel of my estate. That he will at my demise, not allow any undue or sale of my personal effects. It is my desire for him to remain at the homestead and keep together all of my personal effects and carry on farming operations as I have done while living. Item: I give and devise to Anna Herring (daughter of Annie Ivey (nee Herring ) before her marriage to Charlie Ivey ) a sixty acre lot of land, it being the same that was bought from Simon Herring by John Daly: also a five acre plot of land bought by Robert Daly from Nancy Herring making an aggregate of sixty five acres, said land being a part of the plantation on which I now reside to have and to hold the same to her in fee simple forever. Item: I give and devise to Annie Ivey (wife of Charlie Ivey ) and to Claudia Ivey, daughter of Annie Ivery the balance of plantation on which I now reside in equal portion, share and share alike, being about 130 acres for both to have and to hold the same in fee simple forever for information as to units and bounds see the deeds conveying the same which may be found among my papers. Item: All of the stock, such as horses, mules, cattle, and hogs, and all of the farm implements, tools, carts and vehicle of whatsoever kind, I desire to remain upon the premises and remain as the property of Anna Herring, Annie Ivey, and Claudia Ivey and to be held in common by them. And lastly I do constitute and appoint my trusty friend Charlie Ivey, 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 declaming utterly void all other wills and testaments by me heretofore made. In Witness whereof the said Joshua Daly do hereunto set my hand and seal, this the 10 day of October A.D. 1888. Joshua Daly (Seal) Signed, sealed published and declared by the said Joshua Daly to be his last will and testament in presence of us, who at his request and his presence do subscribe our names as witnesses thereto Witnesses W.E. Hines R. S. Hardy Codicil dated March 11, 1892 to will of Joshua Daly State of North Carolina Lenoir County Whereas I Joshua Daly, have made my last will and testament in writing bearing date of the 10 " day of October 1888 and have there by made under devises and requests according to the then existing circumstances of my estates but which circumstances having been materially changed, I do, by this my writing which I declare to be a codicil to my said will to be taken and continued a part thereof will and direct that the sum of five dollars in U.S. currency be paid to each of my brothers and sisters viz: Bros. Robert Daly, William Daly, George Daly, sisters Betsey Fields , Annie Creech, and Susan Ivey. On testimony whereof I have unto set my hand and seal this the 11th. day of March A.D. 1892 Joshua Daly (Seal) Signed, sealed, published and declared by the said Joshua Daly to be a codicil of his last will and testament in presence of us who at his request and in his presence and the presence of each other do subscribe out names as witnesses thereto. H. V. Willimams Hy. E. Dillon Codicil dated April 14" 1893 to the will of Joshua Daly State of North Carolina Lenoir County Whereas I Joshua Daly have made my last will and testament, dated Oct 10" 1888 and also a codicil to said will and testament dated 11" day of March 1892 and now I desire to make this additional Codicil to my will namely that the land devised in said will to Anna Herring now Anna Foss are hereby given to Annie Ivey wife of Charley Ivey and her heirs except Anna Herring now now Anna Foss and that my Executor pay to said Anna Foss Five Hundred Dollar in three years to be paid in equal installment each year in lieu of said land hereby given to Annie Ivey the five hundred dollars to be divided in three equal parts and paid annually. Signed, published and declared to be a codicil to his last will and testament in our presence who have signed as witnesses in his presence and at his request this April 14 Joshua Daly (Seal) J.D. Stanford John Williams North Carolina Lenoir County I. Plato Collins Clerk Superior Court of said County and State, hereby certify that the foregoing is a true and perfect copy of the last will and testament of Joshua Daly deceased and also of the two Codicils to said will as they now appear on file in this office and which are of record having been admitted to Probate November 18, 1903. See record of Wills Book "B" Pages 382 - 388 (both inclusive) Witness my hand and official seal this 5 th Day of May 1905 Plato Collins Clerk of superior court.