Wayne County, NC - Will of Nathan B. Berger, 1936 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ North Carolina, Wayne County I, Nathan B. Berger, of the aforesaid County and State, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last Will and Testament. FIRST: It is my will and desire that my body be given a decent burial suitable to the wishes of my friends and relatives, and that all my just debts, including my funeral expenses, shall be paid by my executor out of the first funds coming into his hands belonging to my estate. SECOND: I will and bequeath all of my personal property of every kind and description to my wife, Georgia Berger, to be hers absolutely. THIRD: I give and devise to my wife, Georgia Berger, all the real estate of which I die seized and possessed, to be hers absolutely in fee simple. FOURTH: I hereby constitute and appoint my trusted friend, L. B. Smith of Pikeville, North Carolina, executor of this my last will and testament, to execute the same and every part and clause thereof, -hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. I recommend that my said executor employ my friend and attorney W. A. Dees, of Goldsboro, North Carolina, to aid and advise him in the settlement of my estate. IN TESTIMONY WHEREOF, I, Nathan B. Berger, have hereunto set my hand and seal, on this the 21 day of December 1934. N. B. Berger (SEAL) Signed, sealed, published and declared by Nathan B. Berger, to be his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, do hereby subscribe our names as witnesses thereto. Ray S. Smith J. L. Crawford Probate of Nathan Ballenberger's Will STATE OF ) NORTH CAROLINA ) SS. IN THE SUPERIOR COURT. A paper purporting to be the last Will and Testament of Nathan B. Berger deceased, is exhibited before me, the undersigned Clerk of the Superior --r said County, by L. B. Smith, Pikeville, N. C., the executor therein mentioned, ---d the due execution thereof by the said Nathan B. Berger is proven by the oath and examination of Ray S. Smith and J. L. Crawford, 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 Nathan B. Berger; that the said Nathan B. Berger, in the presence of this deponent, subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 21st day of Dec., 1934. AND THE DEPONENT FURTHER SAITH, that the said Nathan B. Berger, 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 said testator. And this deponent further saith that at the same time when the said testator subscribed his name to the said Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Nathan B. Berger 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 --y not. Ray S. Smith J. L. Crawford --versally sworn and subscribed, this 18 day of --n., 1936, before me. -. R. Aycock Clerk Superior Court ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Alton Parnell ___________________________________________________________________