Wake County, NC - Will & Estate Records File contributed for use in USGenWeb Archives by Melanie Atkins Samuel Atkins Will written 15 Aug 1867; Proved 25 May 1876 Transcribed from copy received from the NC State Archives I Samuel Atkins of the County of Wake & State of North Carolina being of Sound mine and memory but considering the uncertainty of my earthly Existance do make and declair this my last will & Testament in Manner and form following That is to Say, First, That my Executor (hereinafter named) Shall provide for my body a decent buriel suitable to the wishes of my family & friends and pay all funiral Exspenses together with my Just debts and out of the moneys that may first come into his hands as a part and parsal of my Esstate Item I give and devise to my Beloved wife all of my lands Consisting of three hundred and Seventy Nine acres, together with all of my Pearishable Property Consisting of horses, Cows hogs Sheap house hold & Kitchiny furniture, monys notes bonds and Every part & parcel of my Esstate of whatever it may consist to have hold & Injoy during hur natural life. And after the death of my wife, I then give and Devise to my Son John Lewis Atkins Two hundred acres of the afforesaid Tract of land consisting of all my houses - said two hundred acres to be cut off or taken off of the lower or South End of the tract. I also give to him my son John Lewis Atkins after his mothers Death all of the Perashable Property that may be left on hand of my Esstate at the death of my wife consisting of horses Cows hogs Sheap house hold & Kitchiny furniture notes books bonds money and every part & Parcil of my Esstate Exsepting nine dollars in Cash of which I give to my Daughter in law Wineford Atkins one Dollar in money, I give to my grand son George Atkins one Dollar in mony I give to my grand son Jno. Atkins one dollar I give to my Daughter in law Sarah Atkins One Dollar in mony I give to my grand son Henry Atkins One Dollar I give to my Grand Daughter Louisa I. Atkins one dollar I give to my Grand Daughter Claudie H. Atkins one dollar I give to my Daughter Mary Atkins one dollar I give to my Grand Son Loucius Atkins one dollar, I give & Devise to my Daughter Mary Helon Woodard the Ballance of my land Consisting one hundred and Seventy nine acres to be taking off of the North end of my Three hundred & Seventy nine acres tract after my wife Death, and lastly I do hereby constitute and appoint my son John Lewis Atkins my lawful Executor to all intent and purposes to Execute this my last will and Testament according to the true intent and meaning of the same and every part and parcel or Clause Thereof hereby Revoking and declaring utterly Void all other wills and Testaments maid by me heretofore In Witness whereof I the Said Samuel Atkins do hereunto Set my hand and seal this the 15th of August 1867 [sig] Samuel Atkins {Seal} Signed Sealed Published and declared by the Said Samuel Atkins to be his last will and Testament in the Presance of us who at his Request and in his presance do Subscribe our names as witness thereto, Jas A. Johnson [James] J. L. Johnson State of North Carolina, }ss. In the Probate Court, Wake County. A paper purporting to be the last Will and Testament of Samuel Atkins deceased, is exhibited before me, the undersigned, Judge of Probate for said County, by John Lewis Atkins the executor therein mentioned, and the due execution thereof by the said Samuel Atkins by the oath and examination of James A. Johnson and J. L. Johnson 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 Samuel Atkins that the said James A. Johnson and J. L. Johnson in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid, and bears date of the 15th day of August 1867. And the Deponent Further Saith, That the said Samuel Atkins 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 the said testator. And this deponent further saith, that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Samuel Atkins 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. Jno. L. Johnson, {Seal} Jas A. Johnson, {Seal} Severally sworn and subscribed this 25th day of May 1876, before me, J. N. Bunting, Probate Judge ============================================================== 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. The 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, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==============================================================