Spruill, Benjamin M. - 1891 - Washington Co., NC - Wills Submitted by Teresa Kelley takelley@erols.com SPRUILL FAMILY WILLS BENJAMIN M. SPRUILL January 8, 1891 State of North Carolina Washington County I Benjamin M. SPRUILL of the State and County aforesaid being of sound mind and good memory, do make and ordain this my last Will and Testament in the terms following to wit: 1. I give and bequeath to my son Angelo G. SPRUILL that part of my land known as the "Walker land" bounded as follows: Beginning at the foot of the Walker road or lane on the south side of the main road (or Papaw road) running thence up along the middle of the Walker road seven and one half degrees west to the back line dividing my land from that of Lloyd PEACOCK thence eastbound along a line of marked trees to Nathan SPENCE's road and along down said SPENCE's road to the main or Papaw road; thence along said main road to the beginning the said land containing sixty acres more or less; 2. I give and bequeath to my daughter Indiana Virginia SPRUILL that part of my land upon which stand my dwelling house and other buildings reserving first to my wife Frances Elizabeth SPRUILL her lifetime estate thereon to her sole enjoyment use and benefit in any way and manner that she may see fit to adopt But at her death to revert to my daughter Indiana Virginia aforesaid. This division or part of my land begins at a certain Red cedar on the south side of the main or Papaw road and runs thence south thirty three degrees west across the field to the line dividing my land from that of H. Gilliam CHESSON; thence down that line to the run of SWINSON Swamp; thence down the run of said swamp to the main road; thence up the main road to the beginning containing sixty acres more of less. Further I give and bequeath to my daughter Indiana Virginia a certain small tract or parcel of wood land lying on the opposite side of the main or Papaw road. Beginning at the red cedar aforesaid running thence North sixty two degrees East along and in a certain small ditch to the canal dividing my land from that of John SINGLETON thence down said canal to the Gourd? Neck road thence up the Gourd? Neck road to the main road thence up the main road to the beginning containing two acres more or less. First reserving to my wife Frances Elizabeth SPRUILL her lifetime estate in the same In every respect precisely as I have reserved it in the portion whereon stands the dwelling house But at her death to revert to my daughter Indiana Virginia as afore declared. 3. I give and bequeath to my daughter Sallie Ann Now married to William M. LIVERMAN that part of my land lying between the portion that I give to my son Angelo and the one that I give to my daughter Indian Virginia in which I reserve my wife's life time estate. Bounded as follows. Beginning (see sec 1) and running thence with Angelo's line up the centre of the Walker road or land to the corner Elm between H. Gilliam CHESSON and myself thence down the line dividing his land from mine to the corner of that part which I give to my daughter Indiana Virginia thence with her line to the canal dividing John SINGLETON's land from mine; thence up the canal aforesaid to the mouth of my big ditch; thence up said ditch to the main or Papaw road thence up said road to the beginning containing forty-five acres more or less. 4. I give and bequeath to my son Henry A. SPRUILL the tract of land which I bought of Cornelia F. PEACOCK a description of which is fully set forth in her deed to me of the same date October 25th 1890. Also I give and bequeath to said Henry A. SPRUILL one feather bed. 5. I give and bequeath to my daughter Viola E. COOPER one cart. 6. I give and bequeath to my son Angelo G. SPRUILL one double barreled shot gun. 7. I give and bequeath to my daughter Indiana Virginia one Domestic Sewing machine and feather bed and furniture and bed stead. 8. I give and bequeath to my wife Frances Elizabeth seventy five dollars worth of provisions viz. Corn pork bacon lard or any thing else that she may choose at market case valuation (see codicil sec 1) Further I give and bequeath to her all the house hold and kitchen furniture that she brought home with her at our marriage, to do as she pleases with and I lend her the full and free use of the ballance thereof not otherwise disposed of in the will during her life time; and at her death to revert to and belong to Indiana Virginia Further I give and bequeath to my wife Frances Elizabeth the sum of two hundred dollars in money. 9. All my property goods and chattels not named given bequeathed and disposes of otherwise in this Instrument of writing, I will and order to be sold by public auction and the proceeds there of applied to the payment of my debts remaining unpaid and necessary expenses incurred and if any money remain thereafter I will and order it to be divided equally among my sons and daughters named in this my last will and Testament (see codicil 2, sec 2) I make and ordain John SINGLETON sole Executor to this my last will and Testament. In testimony hereto I set my hand and seal this eighth day of January A.D. 1891 in the presence of the subscribing witnesses. B. M. Spruill {seal} John A. McCALISTER } witnesses Wm W. LEWIS } Codicil to my Will dated 8th day of January 1891 State of North Carolina Washington County 1. In this Codicil to my last will and Testament I so far modify and amend the 8 section of my last will and Testament is to give and bequeath to my wife Frances Elizabeth SPRUILL one hundred dollars worth of provisions instead of seventy five dollars worth as therein directed. 2. The section of my last will and testament I so far alter and amend that instead of dividing any remainder of money (after all the other provisions of this my last will have been fulfilled) among all my sons and daughters named in the same: I order and direct such said remainder of money to be given and paid to my daughter Indiana Virginia. 3. I so far amend the 2 section of my last will and Testament that should my daughter Indiana Virginia die leaving no lawful issue heirs of her own body then and in that case I direct, order will and desire the said share of land to my two grand sons Clarence SPRUILL and Mathias Arnold SPRUILL sons of Angelo G. SPRUILL in the same way, and after the same manner as though it had never pertained to my daughter Indiana, or been bequeathed or trusted to her. 4. In testimony hereunto I set my hand and seal this sixteenth of December A.D. 1891. In the presence of B. M. Spruill John A. McCALISTER } witnesses Wm W. LEWIS } Codicil (No 2) to my last will and Testament dated 8th of January 1891. State of North Carolina Washington County In this codicil to my last will and Testament it is my intention and I so order that if by any chance, accident, or misfortune there should not be money enough on hand after other necessary expenses are paid to give and pay my wife Frances E. SPRUILL the three hundred dollars bequeathed to her in this will the tract of land which I lately bought of Joseph F. SPRUILL (the same whereon Nathan OLIVER resided at the time of his death and whose courses are set forth in the deed he gave me) shall be rented out yearly and the proceeds applied to paying her until with what she may receive otherwise from my estate the sum shall amount to three hundred dollars then such renting and such payments of rents to my wife Frances E. SPRUILL shall cease. The rentings out above named shall be restriced to the field the farm or cleared land and the houses not to the woodland and timber. After the aforesaid sum of three hundred dollars shall have been paid, I give and bequeath said tract of land to my daughter Indiana Virginia and her heirs forever subject to the following conditions only to witt. I except and reserve one hundred thousand feet of Pine timber to be cut off of said land and sold at two dollars per thousand feet to complete and finish the payment of two hundred dollars that I am still owing Joseph F. SPRUILL on said land, and on which he holds a mortgage for one half of said tract of land unless said two hundred dollars shall be paid during my life time. In testimony hereunto I set my hand and seal, this 12th day of May A.D. 1892. Signed and sealed in the presence of B. M. Spruill John A. McCALISTER } witnesses Wm W. LEWIS } State of North Carolina } In the Superior Court of Washington County A paper writing purporting to be the Last Will and Testament of B. M. SPRUILL deceased is exhibited before me the undersigned Clerk of the Superior Court for said County by J. E. SINGLETON the executor therein mentioned and the due exception thereof by the said B.M. SPRUILL is proven by the oath and examination of W. W. LEWIS and John A. McCALISTER the subscribing witnesses thereto: who being duly sworn both depose and say each for themselves 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. M. SPRUILL with codicil attached that the said B. M. SPRUILL in the presence of this deponent subscribe his name at the end of said paper writing now shown as aforesaid, and which bears date of the 8th day of January 1891 as to will & codicil No 1 December 16th 1891 and Codicil No 2 May 12th 1892. And the deponent further saith that the said B. M. SPRUILL 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 said time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of deponents subscribing his name as an attesting witness thereto; as aforesaid this said B. M. SPRUILL 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. Wm. W. Lewis {seal} John A. McCalister {seal} Severally sworn and subscribed this 1st day of June 1891 before me Thos M. MARRINER Clk Superior Court Washington County Wills Volume 1 p 214-218 ------------------------------------------------------------------------ ================================= USGENWEB NOTICE: In keeping with our policy of providing free genealogy information on the Internet, data may be freely 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 presentation by other organizations. Persons or organizations desiring to use this material for purposes other than as stated above, must contact the submitter or the listed USGenWeb archivist.