ONSLOW COUNTY, NC - WILL BOOK 2 - Rebecca Harrell, 14 Mar 1851 ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Beverly Cole ==================================================================== REBECCA HARRELL WILL State of North Carolina County of Onslow Will Book 2 I, Rebecca Harrell, of the County of Onslow and State of 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 and pay all funeral expenses together with my just debts, howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate. ITEM my will and desire is that my estate both real and personal be sold, and the debts owing to me collected, and that the whole be kept or retained in trust, and at interest, by my executor and be disposed of by him in the following manner, to wit: ITEM In the first place, pay annually to my beloved daughter Catharine A. Foy, wife of James H. Foy, the interest obtained on said moneys or capital in case the said Catharine calls or demands the same. ITEM It is my will and desire, in case my said daughter Catharine should be in destitute or needy circumstances (she being the sole judge in matter) during her coventure with the said James H. Foy, then and in that case, my executor shall pay to her, such part of the capital or principal money as she the said Catharine may from time to time call for or demand. ITEM it is my will and desire in case my said daughter Catharine should be left a widow, that the whole amount of the principal and interest then remaining in the hands of my executor shall be paid to the said Catharine, should she require, wish or demand it to be done. But should my said daughter Catharine die during the life of her husband, the said James H. Foy, then and in that case it is my will and desire that my executor retain in his hands the unexpended balance of my estate, untill my grand daughter Susan Foy arrives to the age of twenty one years, when one moiety shall be paid to her, and the other moiety shall be retained untill Laura Foy arrives to the age of twenty one years, when said moiety shall be paid to her. But should the said Susan or Laura, both or either of them, die before they arrive to the age of twenty one years, then the moiety intended for the one so demised, or all as the case may be, shall be paid to the surviving issue or issues of the said Catharine, on their arrival to the age of twenty one years, share and share alike. But in case the said Catharine should leave not surviving issue, then it shall be paid to Nancy C. Duffy, if she be alive; if not, to Emma and Elizabeth, daughters of the said Nancy C. Duffy, to be equally divided between them, if they be alive or all to the surviving one of either be dead and if both be dead, all to the surviving issue or issues of the said Nancy, share and share alike to them and each and every of them absolutely forever. And lastly, I do hereby constitute and appoint my friend, Bryan S. Koonce, 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 Rebecca Harrell do hereunto set my hand and seal this fourteenth day of March AD 1851. (signed) Rebecca Harrell Signed sealed published and declared by the said Rebecca Harrell to be her last will and testament in the presence of us who at her request and in her presence do subscribe our names as witnesses thereto} S. O Henderson L. Humphrey State of North Carolina} Onslow County} Court of Pleas & Quarter Sessions June Term 1855 (NOTE: nothing further was entered here, clerk apparently failing to complete the order of the court.) bgc 11-14-2001