Wake County, NC - Will of Temperance LANE - 12 June 1872 Subject: Temperance LANE (additional names: Margaret, John & Thomas P. Devereux, Emma, Henry & Ellen Mordecai, Jane, Lawrence & John Hinton) Source: NORTH CAROLINA STATE ARCHIVES Archives Search Room Wake County- Wills, 1771-1966 (Original Documents) CR.099.801.(1-119) Included in the documents below are the original will, attached codicil and two printed probate forms that were filled in by hand. I, Temperance Lane, of the County of Wake and State of North Carolina, do make, publish and declare this to be my last will and testament. First, I wish my debts and funeral expenses paid. Secondly, I give to my niece Margaret Devereux daughter of John and Margaret Devereux all my clothing, a bed quilt- four Marseilles counter- fanes- and my gold thimble. Thirdly- I give and bequeath to Emma Mordecai- five hundred dollars. Fourthly, I give and bequeath to Jane Hinton widow of Lawrence Hinton, five hundred dollars. Fifthly, I give and bequeath to my nephew Thomas P. Devereux interest for the sole and separate use of his mother Margaret Devereux- all my United States coupon bonds to the amount of twelve hundred dollars- Sixthly- The residue of my estate, which consists principally of notes due me by my nephew Henry Mordecai, I desire to be divided amongst my nephew, Thomas P. Devereux interest for his mother Margaret Devereux, my neice Ellen Mordecai- and my nephew Henry Mordecai, in such a manner that, with changing Margaret Devereux s share with the value of the United States Bonds here in before bequeathed they shall each take share and share alike. This bequest, so far as my nephew Henry Mordecai is concerned, is made upon the condition, that he shall within three years after my death pay and discharge in full the debts, which he owes my estate. In the event of his failure so to do, it is my wish, that my executor shall collect the same, and divide the amount equally between Thomas P. Devereux in trust for his mother Margaret Devereux- and my neice Ellen Mordecai- changing the former [?] in the division, with the value of the aforementioned United State bonds, so that their shares of my estate shall be equal. Lastly, I hereby nominate constitute and appoint my neice Ellen Mordecai, the executrix of this my last will and testament- and do bequeath to her the sum of two hundred and fifty dollars in full compensation for her services in this behalf. In witness whereof I have hereunto set my hand and seal on this twelvth day of June in the year of our Lord one thousand eight hundred and seventy two. T Lane {seal} Signed sealed published and declared by the Testatrix Temperance Lane, to be her last will and testament- in presence of us, who in the presence and sight of the testatrix, and of each other, have hereunto subscribed our names Annie L. Devereux Jn [?] W. Hinsdale Codicil I do hereby revoke the third item in my above written will, and give to Emma Mordecai the sum of fifty Dollars and desire that the residue of the five hundred Dollars mentioned in said third item be divided among my niece Ellen Mordecai my nephew Henry Mordecai and my nephew Thomas P Devereux in trust for his mother Margaret Devereux It is my further desire that my nephew Henry Mordecai shall not be required to pay any interest upon such notes as are due me from him, but that said notes shall be satisfied upon the payment of the principle only, in the manner directed in my above written will Signed by me on this the [blank space] day of November 1872, in the City of Raleigh State of North Carolina The above codicil was T Lane signed and published by the testatrix in our presence, and at her request and in her presence and in presence of each other do witness the same T P Devereux S.F. Mordecai (written sideways in margin) Will of Miss Temperance Lane Attachment 1 (handwritten text is underlined) No. 77- APPLICATION FOR LETTERS TESTAMENTARY.- Printed and for sale by Gorman, Marcom & Lee, Raleigh, N.C. ------------------------------------------------------------------------- Wake County:-In the Probate Court. In the matter of the Will of Before John N. Bunting Temperance Lane Judge of Probate. Ellen Mordecai being sworn, doth say: That Temperance Lane , late of said County, is dead, having first made and published her last Will and Testament; and that she the said Ellen Mordecai is the executrix named therein. Further, that the property of the said Temperance Lane consisting of United States Bonds and individual Bonds, wearing apparel etc is worth about $ 7,000.00 so far as can be ascertained at the date of this application; and that Thomas P. Devereux, trustee for Margaret Devereux wife of John Devereux of Raleigh, Ellen Mordecai of Raleigh, Henry Mordecai of Raleigh, Emma Mordecai of Wilmington, Jane Hinton of Wake Co. near Raleigh & Margaret L. Devereux, daughter of said John Devereux & residing with him are the parties entitled under said will to the said property, and all of said parties are of age. Sworn to and subscribed before me, this 9th day of July 1874 Ellen Mordecai J. N. Bunting Probate Judge No.59. EXECUTORS OATH.-Printed and for sale by John Nichols & Co., Raleigh, N.C. --------------------------------------------------------------------- State of North Carolina, Wake County ss. In the Probate Court. I Ellen Mordecai , do solemnly swear (or affirm) that I believe this writing to be and contain the last Will and Testament of Temperance Lane deceased; and that I will well and truly execute the same by first paying her debts and then her legacies, as far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an Executrix agreeable to the trust and confidence reposed in me, and according to law, so help me God. Sworn and subscribed before me, this 9th day of July 1874 Ellen Mordecai J.N. Bunting Probate Judge. Attachment Two (handwritten text is underlined) PROBATE OF WILL? Printed and for sale by John Nichols & Co., Raleigh, N.C. ------------------------------------------------------------------------- State of North Carolina, ss. In the Probate Court. Wake COUNTY. A paper purporting to be the last Will and Testament of Temperance Lane deceased, is exhibited before me, the undersigned Judge of Probate for said County, by Ellen Mordecai the executrix therein named, and the due execution thereof by the said Temperance Lane by the oath and examination of John W. Hinsdale & Annie L. Devereux the subscribing witnesses thereto; who being duly sworn, do depose and say, and each for himself [& herself has been added] deposeth and saith, that [the word he has been scratched out and the word deponent written in) is a subscribing witness to the paper writing now shown [word him has been stricken and deponent written in] purporting to be the last Will and Testament of Temperance Lane that the said Temperance Lane in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of twelth day of June 1872 And the deponent further saith, That the said Temperance Lane the testatrix aforesaid, did at the time of subscribing her name as aforesaid declare the said paper writing so subscribed by her and exhibited, to be her last Will and Testament, and this deponent did thereupon subscribe [his stricken and deponents written in] 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 testatrix subscribed her name to the said last Will as aforesaid, and at the time of the deponents subscribing [his stricken, deponents written in] name as an attesting witness thereto, as aforesaid, the said Temperance Lane 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. Annie L. Devereux Jn. W. Hinsdale Severally sworn and subscribed this 9th day of July 1874 ,before me, J.N. Bunting Probate Judge. [written in- Also at the same time a paper purporting to be a codicil to] the last Will and Testament of Temperance Lane deceased, is exhibited before me, the undersigned Judge of Probate for said County, by said Ellen Mordecai the executrix [therein, stricken] named [written in- in said will] and the due execution thereof by the said Temperance Lane by the oath and examination of Thomas P. Devereux & Samuel F. Mordecai the subscribing witnesses thereto: who being duly sworn, do 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, stricken- a codicil to the- written in] last Will and Testament of Temperance Lane that the said Temperance Lane in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the _______[left blank] day of November 1872 And the deponent further saith, That the said Temperance Lane the testatrix aforesaid, did at the time of subscribing her name as aforesaid declare the said paper writing so subscribed by her, and exhibited, to be [written in- a codicil to] her last Will and Testament, and this deponent did thereupon subscribe his name at the end of said [Will stricken- codicil, written in] as an attesting witness thereto, and at the request and in the presence of said testatrix, And this deponent further saith that at the said time when the said testatrix subscribed her name to the said [Will stricken- codicil written in] as aforesaid, and at the time of the deponents subscribing his name as an attesting witness thereto, as aforesaid, the said Temperance Lane 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. T P Devereux S.F. Mordecai Severally sworn and subscribed this 9th day of July , 1874 , before me, J.N. Bunting Probate Judge. Subscriber Note: All spelling, punctuation or lack thereof is original to the documents. Temperance Lane,1794-1872, was the daughter of Henry Lane & Martha [Polly] Hinton. She was the granddaughter of Joel Lane & Martha Hinton. _____________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Lucia Finley - lkf46@hotmail.com ______________________________________________________________________