Onslow County NcArchives Wills.....Freshwater, R W November 29, 1930 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Bill Gibson bgibson@uncfsu.edu February 27, 2006, 4:28 pm Source: North Carolina State Archives Written: November 29, 1930 Recorded: April 20, 1932 [The following document is a printed probate form. Several items within the form were filled in by hand. I have also made notes of handwritten insertions to the document.] 91-20-166 No. 79 – Probate of Will.—Printed and for sale by Edwards & Broughton Printing Company, Raleigh, N.C. State of North Carolina } Onslow } ss. In the Superior Court. A paper writing purporting to be the last Will and Testament [handwritten insertion above line] & codicil thereto [handwritten insertion ends] of RWFreshwater, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said county, by Carrie Farnell & Athalia Morton, the executrix therein mentioned, and the due execution thereof by the said RWFreshwater by the oath and examination of EWSummersill & Couton Henderson, the subscribing witness 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 [handwritten insertion above line] & codicil thereto [handwritten insertion ends] of RWFreshwater; that the said RWFreshwater, in the presence of this deponent, subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 29 day of November, 1930 [handwritten addition at end of line] & codicil thereto dated May 13, 1931 AND THIS DEPONENT FURTHER SAITH, That the said RWFreshwater the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by his and exhibited to be his last Will and Testament [handwritten insertion above line] & codicil thereto [handwritten insertion ends] 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 same time when the said testator subscribed his name to the said last Will [handwritten insertion above line] & codicil [handwritten insertion ends] as aforesaid, and at the time of the deponent’s subscribing his name as attesting witness thereto, as aforesaid, the said RWFreshwater 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. Severally sworn and subscribed, this 20 } day of April, 1932, before me. } E.W.Summersill JRGurganus } Carlton Henderson Clerk Superior Court. North Carolina } Onslow County. } ss. In the Superior Court. It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament [handwritten insertion above line] & codicil thereto [handwritten insertion ends] of RWFreshwater, deceased. Let said Will, together with the probate, be recorded and filed. This 19 day of April, 1932. JRGurganus Clerk Superior Court. (end of document) STATE OF NORTH CAROLINA: COUNTY OF ONSLOW: I, R.W. Freshwater, of said County and State, make this Codicil to my last will and testament published by me, and dated the 29th day of November, 1930, which I ratify and confirm, except as the same shall be changed hereby. Whereas by my will above mentioned, I gave and bequeathed unto my daughter, Thalia Morton, one mule and One Hundred ($100.00) Dollars in cash, as appears by the second item of said will, and whereas it is my desire to revoke said second item of said will, and the same is by this Codicil revoked. Whereas, by my will above mentioned I gave and devised to my granddaughter Grace Farnell, a certain tract of land, known as the Ella Place, as appears by the 10th item of said will, and whereas, it is my desire to give and devise said tract of land to my grandson, Robert Morton, I hereby revoke the said devise to my said grand- daughter, and devise the real estate therein given to her, to my grandson, Robert Morton, in fee simple forever. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this the 13 day of May, 1931. R W. Freshwater (SEAL) (end of page) Signed, sealed, published and declared by the said R.W. Freshwater, to be a Codicil to his last will and testament, in the presence of us, who at his request and in the presence of each other, do hereto subscribe our names as attesting witnesses thereto: E.W.Summersill Carlton Henderson (end of document) STATE OF NORTH CAROLINA: COUNTY OF ONSLOW: I, R. W. Freshwater, of the aforesaid County and State, being of sound and disposing mind, memory and under- standing, do make, publish and declare this my last WILL AND TESTAMENT, in manner and form following, that is to say: FIRST: I direct my executricies hereinafter named, to pay all my just debts, funeral expenses, and charges of administration, out of the first moneys that shall come into their possession as a part and parcel of my estate. SECOND: I give and bequeath unto my daughter, Thalia Morton, one mule and One Hundred ($100.00) Dollars in cash. THIRD: I give and bequeath all and every other article of my personal property, consisting of notes, bonds, stocks, moneys and mules to my daughter, Carrie Farnell. FOURTH: I give and devise unto my daughter, Thalia Morton, one oyster garden located in Queens Creek, and the Hawkins land and one island, known as Hawkins Island, said Hawkins land and island being deeded to me by W. H. and J. D. Hawkins, in fee simple forever. FIFTH: I give and devise unto my daughters, Thalia Morton and Carrie Farnell, all of my banks land, share and share alike. SIXTH: I give and devise unto my daughter, Carrie Farnell, one house and lot situate in the Town of Jacksonville, North Carolina, where she now lives, for the term of her natural life, and then to my grand-daughter, Dorothy Farnell, in fee simple forever. (end of page) SEVENTH: I give and devise unto my daughter, Carrie Farnell, for the term of her natural life, and then to my grand-daughters, Elsie and Dorothy Farnell, the following described tract of land, Viz: A part of my home tract, located on the South side of the main road, and said tract reaches the Sound. [Check mark.] EIGHTH: I give and devise unto my daughter, Carrie Farnell, for the term of her natural life, and then to my grand-daughter, Grace Farnell, the following described tract of land, Viz: A part of my home tract, and being the place where I now live, on the North side of the main road. NINTH: I give and devise unto my grand-son, Edward Farnell, one tract of land, known as the Wood Tract, in fee simple forever. TENTH: I give and devise unto my grand-daughter, Grace Farnell, known as the Ella Place, adjoining the land of E. W. Provost, Frank Matthews, Hattie Phillips and the Freshwater land. ELEVENTH: The residue of my estate, if any, I give, devise and bequeath unto my daughter, Carrie Farnell. TWELFTH: I hereby constitute and appoint my daughters, Carrie Farnell and Thalia Morton, my lawful executricies, 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 have hereunto set my hand and seal, this the 29 day of November, 1930. R W Freshwater (SEAL) (end of page) SIGNED, sealed, published and declared by the said R. W. Freshwater, as, for and to be his last will and testa- ment, in the presence of us, who, at his request, and in the presence of each other, do hereunto subscribe our names as attesting witnesses thereto. E.W.Summersill Carlton Henderson (end of document) Additional Comments: List of individuals as their names first occur in the document: • R. W. Freshwater (testator, this is Robert W. Freshwater) • J. R. Gurganus (Clerk of Court) • Carrie Farnell (daughter) • Thalia Morton (daughter) • Dorothy Farnell (granddaughter) • Elsie Farnell (granddaughter) • Grace Farnell (granddaughter) • Edward Farnell (grandson) • Robert Morton (grandson) • E. W. Summersill (witness) • Carlton Henderson (witness) The first name of Carlton Henderson sometimes appears to be spelled, “Corlton”. File at: http://files.usgwarchives.net/nc/onslow/wills/freshwat58gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 9.0 Kb