WAKE COUNTY, NC - WILLS - Benjamin Rogers, 10 Sep 1878 ==================================================================== 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: Catharine R. Phillips bdphillips@worldnet.att.net ==================================================================== The Will of Benjamin Rogers (B.Y. Rogers) Wake County, NC 26 Mar 1879 (his own handwriting) I B.Y. Rogers of the county of Wake, State of North Carolina being of sound mind and memory, but considering my earthlely [sic] existancy [sic] do make and declare this my last will and and [sic] testament in manner and form following. That is to say 1st That my Executor Richard S. Battle provide for my body a decent burial suitable to the wishes of my relatives and friends; and pay all funeral expenses together with my just debts howsoever and hoosoever [sic] owing out of my first money that my first come in his hands as a part and parcel of my estate. Item 1st I give unto my wife S.E. Rogers Five hundred Dollars in money allso [sic] my one horse carriage & harness allso [sic] all the debts owing me by A.C. Hayes and V.V. Hayes her children money paid out (by me for Board & Tuition). Item 2st After the abov [sic] legases are pade [sic] off I want and hereby authorise [sic] and impower my executor to sell at (illegible--looks like Publics) Sale all of my personal property and real estate except my John Hayes tract and the proceeds to be equally divded Between my two children Wilie M. & Sallie A. Rogers each of the above legatees are to have the same amount (viz) to sheer [sic] and sheer [sic] a like. Item 3th The John Hays tract of land I want rented out until my son Wilie comes of (lawful age); then I want it divided equally between my two children Wilie M. and S.A. Rogers' and if my daughter should die without a bodily heir then it shall go bact [sic] to my son W.M. Rogers. (Item) I further declare that my executor is trustee to all intense [sic] and purposes that he has power to sell real or personal estate to meet any and all liabilities legasyes [sic] bequeath and divise (illegible--looks like imp**nd or infered) willed bequeathed and desired by me in this will. All wills made by me heretofo [sic] I here by revoke in witness whereoff I the said B.Y. Rogers do hereunto set my hand and seal This 10th day of Sept 1878. Benj. Y. Rogers {seal} **************** State of North Carolina) In the Probate Wake County) Court A paperwriting purporting to be the Last Will and Testament of Benj. Y. Rogers died late of Said County, and bearing date of 10 September 1878, is exhibited before me the undersigned Judge of Probate for Said County, by Sallie E. Rogers, the widow and one of the legatees of Said deceased. Whereupon Jeramiah J. Nowell, D. Reid Upchurch, and James A. Rogers, being duly Sworn depose and Say, and each for himself deposes and saith that they are acquainted with the handwriting of Said Benj. Y. Rogers, having seen him write, and that Said paperwriting and every part thereof and the Signature thereto are the proper hand-writing of the Said B.Y. Rogers-- Severally Sworn & Subscribed this 26th day of March) J.J. Nowell 1879 before me ) D.R. Upchurch Chas. D. Upchurch ) J.A. Rogers Probate Judge) And Jailey (illegible) Brown being duly sworn deposeth & Saith that she was present when the Said paperwriting purporting the Last Will & Testament of Said B.Y. Rogers was found, and that the Same was found at the late residence of the Said B.Y. Rogers in the City of Raliegh in & among his valuable papers and Effects-- Sworn and Subscribed ) before me this 26th ) March 1879 ) by Chas D. Upchurch ) Jailey X Brown (mark) **************** Order North Carolina) Wake County ) It is therefore considered and adjudged by the Said Court that the Said paperwriting and every part thereof of the Same is the last Will and Testament of B.Y. Rogers, dec'd, and the Same is ordered to be Recorded & filed this Mch 28/79 Chas. D. Upchurch Probate Judge