Wayne County, NC - Will of Etheldred Herring, 1863 ~~~~~~~~~~~~~~~~~~~~~~~~~ State of North Carolina Wayne County Be it remembered that at a Court of Pleas and Quarter Sessions begun and held at the Court house in Goldsboro for the County aforesaid on the third Monday of May 1863 before Wm. K. Lane Geo. W. Collins Gard Thompson and John C. Slocumb Justices of said Court. A paper writing purporting to be the last will and testament of Etheldred Herring Deceased in the following words and figures to wit State of North Carolina Wayne County I ETHELDRED HERRING of the County of Wayne and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following that is to say. That my executor (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my friends and pay all funeral expenses together with my just debts however and to whom-soever owing out of the moneys that may first come into their hands as a part and parcel of my estate. For the natural love and affection I bare towards EDITH NEWELL my daughter an illegitimate child I give and devise to the said EDITH NEWELL all my estate both personal and real the personal property consists in hogs cattle sheep and horses household and kitchen furniture corn and fodder and all the money notes or bonds that I may leave. The real estate consist in one plantation whereon I now reside with a good dwelling house containing three hundred and eighty five acres (385) the boundary can be shown by reference to the plots and deeds I now hold one half acre in Webbville near Goldsboro known (says known, but may mean near) Rick Howel lots. Seventeen and a half acres of land known as the Winniford Mozingo tract adjoining the lands of Jane Best Tabitha Vaughn and Anna Mozingo. I give and devise all the above named property to my beloved daughter EDITH NEWELL but bind her and guardian to pay to SARAH THOMAS another illegitimate daughter at the age of eighteen years of age one thousand dollars and I further provide that either of the aforesaid EDITH NEWELL or SARAH THOMAS shall die without lawful heirs the surviving one to have the the whole of the estate. And lastly I do hereby constitute and appoint my trusty friend Wm. C. Bryan my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the ETHELDRED HERRING do hereunto set my hand and seal this 24th day of June AD 1857. Signed sealed and published and declared by the said ETHELDRED HERRING to be his last will and testament in the presence of us who at his request and in his presence do subscribe our namesas witnesses thereof. Attest Geo. C. Moses ETHELDRED (x) HERRING John R. Tilton is offered for probate by Wm. C. Bryan named as executor, EDITH NEWELL and SARAH THOMAS the last two infants and appearing by their next friend the said Wm. C. BRYAN. And CHARLOTT HERRING BENJAMIN HERRING HENRY HERRING and LEWIS HERRING the last three infants appearing by their guardian volitem the said CHARLOTT come forward and deny that the said paper writing or any part thereof is the last will and testament of said ETHELDRED HERRING. Whereupon it is ordered by the Court that an issue be made up to try whether the said paper writing or any part of it is the last will and testament of said ETHELDRED HERRING. It is further ordered by the Court that said issue be transferred to the Superior Court of Law for Wayne County for trial by consent of parties to the issue. Wayne County North Carolina I certify that the foregoing is a true copy from the minutes of the Court of Pleas and Quarter Sessions of said County at May Term 1863. Witness my hand and the seal of Wayne County at office in Goldsboro. June 3rd 1863 S. H. DENMARK Clerk Clerks fees $4.00 S. H. DENMARK Wills 1776-1927 CR 103.801.7 Folder- 1863 - Etheldred Herring NC State Archives, Raleigh, NC Etheldred Herring's original will was in this folder, then a second copy was in there as part of the litigation. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - judy_ginn@aol.com ______________________________________________________________________