Lenoir County, NC - Mooring & Others vs Stroud, 1885 Barney Stanley Will of 1884 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Lenoir County: Superior Court Sarah Mooring, B.E. Mitchell, Mary Mitchell, J.S. Mitchell, P.M. Harrison, Penina Harrison, Winneford Letchworth, Etheldred Mitchell, James R. Hemby, N.J. Hemby and B.F. Mitchell VS Lott Stroud, Jensie Stroud Owen Stroud, Sarah Stroud DEFENDANTS The Plaintiffs Complaining Says 1ST That the records of the Courts both Superior County and of Equity of Lenoir County have been destroyed by fire. 2ND That BARNEY STANLEY died in Lenoir County in the year 1867 having first executed his last will and testament which was duly submitted to probate in open Court before the County Court of Lenoir County and adjudged to have been duly executed and ordered to be recorded. 3RD That as they are informed and believe the said last will and testament of said BARNEY STANLEY was in the following words and figures. I BARNEY STANLEY being of sound mind and disposing memory, and knowing the uncertainty of death and the uncertainty of life do make and declare this to be my last will and testament. ITEM 1ST I give and bequeath unto my beloved wife SARAH STANLEY all my personal property of every description not hereafter disposed of. ITEM 2ND I lend to my daughter JENSIE STROUD one negro woman named Cherry and her increase during her natural life. At her decease to be equally divided among her children. ITEM 3RD I lend unto my daughter SARAH STROUD a negro woman named Rhoda and her increase during her natural life. And at her death to be equally divided among her children. ITEM 4TH I lend to my wife SARAH STANLEY during her life time my plantation in Greene County on Tyson Marsh, and at her death to MARY E. MITCHELL, my daughter during her natural life. And at her death my will and desire is that it be divided equally among her children. ITEM 5TH I hereby constitute and appoint my beloved wife SARAH STANLEY Executrix of this my last will and testament. In witness where of I have hereunto set my hand and affixed my seal this______ ___ 1863. Witness BARNEY STANLEY Seal CALVIN ROUSE JOHN LEA 4TH That said last will and testament is duly submitted to offered for probate in open Court in the County Court of Lenoir County at ______ Term 1867 by the Testatrix named therein to Wit. SARAH STANLEY ____ was adjudged to have been executed by due process, proper notice haven been given to all parties interested and the following Certificate of Probate marked "A." attached thereto, and the same ordered to be recorded in the records of Wills and filed. ITEM 5TH That said lost Will and Testament was duly recorded and filed. 6TH That the record of said Probated Will have been destroyed by fire. 7TH That the defendants JENSIE and SARAH STROUD are children of BARNEY STANLEY, they have intermarried with the other defendants. 8TH That the plaintiffs are the children of MARY E. MITCHELL and the husband of said children. 9TH That the only children of BARNEY STANLEY were the said SARAH STROUD, JENSIE STROUD and MARY MITCHELL. 10TH That SARAH STANLEY and MARY E. MITCHELL are both dead. Wherefore the plaintiffs demand Judgement, that the above be set up as the last Will and Testament of BARNEY STANLEY and the probate and record there of to be and stand in lieu of said original Will and probate and record there of and for such other and further relief as this Case may demand. W.C. MONROE Atty for Plaintiffs Probate August 5 1884 Enrolled in the office of the Clerk of the Superior Court of Lenoir County the 10th day of June 1885 Record of Wills Greene County Courthouse Snow Hill, NC There is more of the court case in this document. It can also be found in Lenoir County. There are TWO Item 5TH's. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - judy_ginn@aol.com ______________________________________________________________________