Wayne County NcArchives Wills.....Everitt, James H. December 11, 1867
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Rosie Guthrie n/a February 28, 2015, 10:38 pm

Source: N C Archives
Written: December 11, 1867

I James H. Everitt of the county of Wayne & State of North Carolina, being of 
sound mind & memory in view of the uncertainty of life and certainty of death, do 
make decl. & publish my last will and testament & manner & form following - viz

First I desire that all necessary funeral expenses & all my just debts shall be 
paid by my executor out of the proceeds of my estate.

Second If it shall be necessary to sell any of my estate to pay my just debts I 
desire & do hereby authorise and direct my executor to sell either my real or 
personal estate, whichever in his discretion will more readily facilitate the 
settlement of my estate & to sell the same on such terms as will in his opinion, 
best attain the same end.

Third I devise, give & bequeath to my brother Robert Everitt, my sisters Nancy 
Everitt & Annie M. Smith, wife of William B. Smith, all of my estate & property 
of every kind & description consisting of real and personal estate, money, 
judgments, notes, accounts & other cases in action and evidences of debt, to 
be equally divided between them share & share alike, such to have one third of 
the same to themselves & their heirs forever.

Fourth I desire & direct my executor to sell all my real estate & pay over the 
proceeds as else where herein directed.

Fifth I authorise & direct my executor to divide & pay over equally to the said 
Robert Everitt, Nancy Everitt & Annie M. Smith all such judgments, notes & other 
evidences of debt as shall be in his hands & that said legatees shall receive the 
same from him without compelling him to collect the money on them.

Sixth I do hereby nominate, constitute & appoint David H. Bridgers of Wayne 
County as my executor to execute & administer this my last will & testament 
according to its true intent and meaning.

Seventh It is my desire & request that my executor shall employ W.T. Faircloth of 
Goldsboro as his legal advisor in the settlement of my estate & in the event of 
the death of said Faircloth, then that he my executor shall employ as his legal 
advisor John F. Wooten of Kinston Lenoir County. 

Given under my hand & seal at Goldsboro NC this 11th day of December AD 1867.

James H. Everitt (Seal)

Signed & sealed in the presence of Jno. H. Powell & Wm. K. Lane

The foregoing paper writing purporting to be the last will and testament of James 
H. Everitt is offered in open court for probate upon the oath and examination of 
Jno. H. Powell and W.K. Lane the subscribing witnesses hereto and the same is 
duly admitted to probate and the court doth declare that the same and every part 
thereof is the last will and testament of the said James H. Everitt and D.H. 
Bridgers the executor therein named is duly qualified as such and the said will 
together with the above record be recorded & filed.
W.G. Hollowell Clk


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