ROCKINGHAM COUNTY, NC - WILLS - Benjamin F. Foy, 11 Dec 1876 Submitted by Terry Tharpe. ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ MADISON, N.C. DECEMBER 11TH, 1876 Names in will: Benjamin F. Foy Irene McGehie (?) William A. Payne (Payme?) B. F. McGehie James Foy W. H. Foy In the name of God Amen - I, Benjamin F. Foy being of sound mind and memory, and considering the uncertainty of life do made and ordain this as my last will and Testament. To With 1st After my decease I wish all my just debts to be paid. 2nd In view of the present prospect of an heir, I give my entire estate real and personal except such as may be assigned hereafter to my wife and child. I further desire if the child shall die or if my wife shall marry again, in either case, I desire the estate to be divided, one half to go to the heir's of my brothers and sisters the other half to my wife during her natural life and if she dies without bodily heirs, then in that case to the bodily heirs of my brothers and sisters. 3rd I give and bequesth to Irene McGehie(?) the watch and chain owned by my first wife. 4th I give to William A Payne (Payme ?) my medical library, shop furniture and saddle horse. 5th I give to B. F. McGehie One Hundred Dollars in money. 6th I give the horse which James Foy has now in possession to his wife and children. 7th I give all claims which I hold against W. H.Foy to his wife and children except the -most gage-(?) of about Twelve Hundred Dollars. 8th If the present prospect of an heir should be realized and if the child should live to be twenty one years of age, then I wish the estate to be divided equally between the mother and the child. 9th I further disire that Thomas H. Robertson shall remain in the place where he is now as long as he may wish to do so at the same rates as heretofor. 10th I further desire that all claims I may hold against Milton Stamps at the time of my decease may be canceled. 11th I further desire that my executors shall have a stone a iron fence placed around the graves of my Father and Mother, my first wife and myself, and that they shall have stones with suitable inscriptions at the head of each. 12th I further desire that Mrs. Payne (Payme ?) shall have Five hundred dollars in the division of my property over and above my brothers. 13th I hereby appoint Thomas Payne (Payme ?) and my wife my executors. B. F. Foy Witness M. Stamps T.W.Dandridge (?) State of North Carolina } ss In the Probate Court Rockingham County A paper pur....ing to be the last will and tesament of F. F. Foy deceased is exhibited before me the undersigned Judge of Probate for said county by Thomas Payne one of the executors therein named and the due executors thereof by the said B. F. Foy duly proved by the oath and examination of M. Stamps and T. W. Dandridge the subscribing witnesses thereto, wh bring duly sworn oath depose and say, end 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 B. F. Foy, that the said B. F. Foy inpresence of this deponent subscribed his name at the end of said paper writing which is now shown as aforsaid and which beats date of the 11th day of December 1876. And the deponent further saith that the said B. F. Foy the testator aforesaid did at the time of sucscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament, and this dipment (?) did therefor subscribe his name at the end of said will, as an attesting witnes therein and at the request and in presence of said testor and this deponent further said that at the said time when the said testator subscribed his name to the said will as aforesaid and at the time of deponents subscribing his name as an attesting witness therein, as aforesaid the said B. F. Foy was of sound mind and memory, of full age to make a will and was not under any restraint to the knowledge, information is belief of this deponent. And further these deponents say not several sworn and subscribed this 10th day of July 1876 before me D. Settle } M Stamps (Seal) Probate Judge T. W. Dandridge (Seal) State of North Carolina } In Probate Court Rockingham County A paper Writing prpuporting to be the last will and testament of B. F. Foy is exhibited for Probate in open court by Thos Payne one of the executors therein named. And the due executing thereof by the said B. F. Foy is proved by the oath anbd examination of M. Stamps and T. W. Dandridge the subscribing witnesses thereto. It is therefore considered by the court that the said paper writing and every part thereof and under no restraint to their knowledge information or belief!