Lenoir County, NC – Will of Joseph Waller, 1879 ~~~~~~~~~~~~~~~~~~~~ Will of Joseph WALLER Will Book A, page 164 28 July 1875/ Probated 7 Feb. 1879 Clerk of Courts Office Kinston, Lenoir Co., N.C. Lenoir County, Probate Court In the matter of the Will of Joseph WALLER, Dead Before Wm. W. N. HUNTER Probate Judge Haywood WALLER, being duly sworn says: That Joseph WALLER, late of said County is dead having first made and published his last will and testament and that Haywood WALLER is the executor therein named. Further, that the property of the said Joseph WALLER consisting of household furniture and evidences of debt, worth about $150.00 so far as can be ascertained at the date of this application, and that Asa WALLER, William WALLER, Rebecca WALLER, Elsy E. WALLER, Haywood WALLER, Mary A. HILL, James SPENCE and Susan DAVIS are the parties entitled under the said will to said property. Haywood WALLER Sworn to and subscribed before me. Feb. 7, 1879 Wm. W. N. HUNTER Probate Judge State of North Carolina Lenoir County In the Probate Court A paper purporting to be the last will and testament of Joseph WALLER, deceased is exhibited before me the undersigned Judge of Probate for said county by Haywood WALLER, the executor therein named and the due execution thereof by the said Joseph WALLER by the oath and examination of James HERRING and Emma S. SPAIN, the subscribing witnesses thereto, who being duly sworn, doth depose and say and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown him purporting to be the last Will and Testament of Joseph WALLER that the said Joseph WALLER did in the presence of this deponent subscribed his name at ---- of said paper writing which is now shown as --- and which bears date of the 28th day of May 1875. And the deponent further saith that the said Joseph WALLER the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last Will and Testament and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto and at the request and in the presence of said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of the deponents subscribing his name as an attesting witness thereto as aforesaid the said Joseph WALLER was of sound mind and memory of full age to execute a will and was not under any restraint to the k knowledge information or belief of this deponent. And further, these deponents say not. James HERRING, Seal Emma S. SPAIN, Seal (Married to J. H. WALLER) Severally Sworn and subscribed this 18th day of January 1879, before me Wm. W. N HUNTER Probate Judge Lenoir County Probate Court February 7, 1879 On reading and considering the application of Haywood WALLER to admit a paper writing purporting to be the last will and testament of Joseph WALLER, deceased to probate and to be qualified as executor thereof according to the appointment thereby made and having examined on oath, James HERRING and Emma S. SPAIN, the two subscribing witnesses thereto, as to the execution thereof: It is adjudged that the said paper writing and every part thereof is the last will and testament of Joseph WALLER deceased and the same as such is ordered to be recorded and filed. And thereupon the said Haywood WALLER, the executor aforesaid, come forward and takes and subscribes the following oath: State of North Carolina Lenoir County In the Probate Court I, Haywood WALLER do solemnly swear that I believe this writing to be and contain the last will and testament of Joseph WALLER deceased and that I will well and truly execute the same by first paying his debts and then his legacies as far as the said estate will extend or the law will charge me. And that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me God. Haywood WALLER Sworn and subscribed before me, this 7th day of February, 1879 Wm. H. N. HUNTER, Probate Judge. Whereupon Letters of testamentary are issued to the said Haywood WALLER as executor of the said last will and testament. Wm. W. N. HUNTER Probate Judge I, Joseph WALLER of the County of Lenoir and North 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 relations and friends and pay all funeral expenses together with my just debts howsoever and to whomsoever owning out of the moneys that may first come into his hands as a part or parcel of my estate. Item. I give and devise to my son Asa WALLER one dollar to be paid by my executor. Item. I give and devise to my son William WALLER one bed bedsted, and furniture to have and to hold as his right and property. Item I give and devise to my granddaughter Rebecca WALLER one bed bedstead and furniture to have and to hold as her own right and property. Item, I give and devise the rest and residue of my estate real personal and mixed of which I shall be seized and possessed or to which I shall be entitled at the time of my deceased to be equally divided between Elvy E. WALLER, Haywood WALLER, Mary A. HILL, William WALLER and James SPENCE and Susan DAVIS my two grandchildren to have one share to have and to hold as their own right and property. And lastly I do hereby constitute and appoint my son Haywood WALLER 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 Joseph WALLER do hereunto set my hand and seal this the 28 day of July 1875. Joseph WALLER, Seal Signed sealed published and declared by the said Joseph WALLER to be his last will and testament in presence of us who at his request and in his presence do subscribe our names as witnesses thereto: James HERRING Emma S. SPAIN Recorded in the office of the Probate Judge and Superior Court Clerk of Lenoir the 7th day of Feb. 1879. W. W. N. HUNTER Judge & Clerk. END OF DOCUMENT (NOTE: Probate court witness said Joseph WALLER wrote will & signed 28 May 1875, but copy of will states it was written 8 July 1875.) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Sloan Spence Mason ___________________________________________________________________