Lenoir County, NC - Wills File contributed for use in USGenWeb Archives by Martha Marble NANCY HERRING WILL Copy of original Will found at NSDAR Library, Thomas Dawson folder. The right side of the page was cut off missing a word or two in each sentence. In some places one can figure out the word, but not in others. Lenoir County In the Probate Court In the matter of the will of Nancy Herring Before Wm. W. N. Hunter, Judge of Probate Jerry Warters being sworn doth say: That Nancy Herring late of said county is dead having first made and published her last will and testament and that Jerry Warters is the executor named therein. Further that the property of the said Nancy Herring consisting of real estate, household and kitchen furniture, etc is worth about ____ so far as can be ascertained at the date of this application, and that Benjamin Franklin Herring, Egbert Herring, Nancy Ann Herring, Clemma Herring, James Allen Herring and Sarah Chestnut are the parties entitled under said will to the said property. Signed Jerry Warters Sworn to and subscribed before me this 9th day of Oct. 1873 Wm. W. N. Hunter Probate Judge Lenoir County in the Probate Court A paper writing purporting to be the last will and testament of Nancy Herring dec’d is exhibited before me the undersigned Probate Judge in and for said county & ?? Warters the executor therein named and the due executor. Therefore the said Nancy Herring dec’d is proved by oath and examination of ? W. Woodley and Dr. T. R. Emory the subscribing witnesses thereto who being duly sworn doth depose and say and such for himself deposeth that he is a subscribing witness to the paper writing - a sentence or two appears to be cut off at the top of the next page Presence of this deponent subscribed - not readable - of said paper writing which is now shown as aforesaid and which bears the date on the --- day of --- and the deponent further saith that the said testatrix, Nancy Herring did, at the time of subscribing her name, as ?? said declare the said paper writing so subscribed by her as exhibited to be her last will and Testaments and this despondent did thereupon, subscribe his name at the end of said ?? an attesting witness thereto and at the request and the presence of the said Testatrix. And this deponent further saith that at the said time when the aid testatrix subscribed her name to the said last will as aforesaid and the time of the deponents subscribing his name the said Nancy Herring was in 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. Signed ?? W. Woodley T. R. Emery 9th day of October 1873 I, Nancy Herring, of the county of Lenoir and state of N. Carolina, 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 burial, suitable to the wishes of my relatives and friends, and pay all funeral expences together with my just debts, howsoever and to whomsoever owing, out of the moneys that may come into his hands as a part of parcel of my estate. Item - I give and bequeath unto my son, Benjamin Franklin Herring a life estate in the land upon which I now live known as the Herring tract of land lying in Bucklesberry on the east side of Baer Creek. And upon his death, it is my desire that the said land be equally divided between his ?? children to wit: Egbert, Nancy Ann, Clemma, and James Allen Herring and in case of the death of either of my ?? and children, then it is my will that the survivor or survivors shall inherit the land equally in fee simple - NOTE: on this page the left margin is cut off on the copy - It is my will that my executor shall, at my death sell at public sale, all my perishable property, except for two beds one ?? of which I give to my grand daughter, Nancy Ann and the other to my grandson Egbert Herring and except ?? the cream colored horse, which I give to my son Benjamin Franklin Herring. And except further ?? cow and about twenty five pounds of loose feather, the cow being already in her possession - these, the cow and feather I give and bequeath to my daughter Sarah Chestnut. Lastly - I do hereby constitute and appoint my Trusty friend Jerry Warters 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 heretofore made. In witness whereof I, the said Nancy Herring do hereto set my hand and seal this the 7th day of February A. D. 1872 Signed Nancy Herring Witness ?? W. Wooley T. R. Emery In the Probate Court Oct. 9th 1873 ============================================================== 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. ==============================================================