Wayne County, NC - Will & Estate Records

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Barbara Kawamoto 

NC Archives

Herman Weil Will


I, Herman Weil, merchant of Goldsboro N.C. being of sound mind, do hereby 
make this my last will and testament, revoking all former wills.

I direct that my just debts be paid by my executors herein after named, as 
soon after my death as may be then be found convenient.

At my death I wish all my property both personal and real loaned to my wife 
Fannie Weil and to my parents Jacob Weil and Lette Weil during their lives 
or my wifes widowhood, in case of the death of either, the survivors are to 
take the property on above conditions, that is to say should my parents die 
before my wife, then the above property goes to my wife during her lifetime 
or widowhood and should my wife die before my parents, then the property is 
to go to my parents during their life time or to the survivor of either of 
them during their lifetime, at the death of all three my said property is to 
go to my children - Willie, Leonard, Sadie, Herbert and Bertram and all other 
children which may be born to me hereafter, to be equally divided amongst them 
and should any of my children die, their share shall thereupon be divided 
amongst the surviving children.  Upon the marriage of my wife before the death 
of my parents, all the above property shall go to my parents during their 
lifetime or upon the marriage of my wife after the death of my parents said 
property is to go to my children.  Under all circumstances wheter my wife 
gets married again or not, the following is excepted from the above mentioned 
real and personal property and is intended for her absolutely and I here by
give and bequeath to her all my household and kitchen furniture, my library in 
fact everything of personal property in and about my residence, also I 
bequeath to her absolutely and in fee any piece of Real Estate which I may own 
at my death to the value of five thousand Dollars and should my wife not want 
any Real Estate, my executors hereinafter appointed in this instrument, will 
cause to be paid to her, out of the first proceeds of my estate, wheter it be 
from sale of Real Estate, personal property or from Debts collected due the 
estate, the sum of five thousand Dollars with interest at Eight per ct per 
annum from the day of my death until she receives the same, this is to be in 
lieu of the above bequeathed Real Estate in case she prefers the money to the 
property.  My Life insurance policy which I hereby direct my executors to 
collect, after my death is also intended to go to my wife absolutely.

I desire for my executors to settle up my estate at least within four years 
after my death, they can do so my selling the Real Estate of the firm of H 
Weil & Bros, by dividing the same or in anyway which they may deem it the 
best.  I hope that my Brothers will do all they can to facilitate said 
settlements.

I hereby appoint my Bro Henry Weil of Goldsboro and my brother in law 
Benjamin Katzenstein of Baltimore executors of this will and my wife Fannie 
Weil & my Bro Solomon Weil Guardians to my children.

I hereby authorize and empower my executors or either one of them in case of 
the death of one, if in performance of their trust it becomes in their 
judgement necessary or expedient, to sell at public or private sell in such 
manner as they shall deem most for the interest of all concerned, any part or 
all of the estate which shall come to their hands, and to invest and reinvest 
the proceeds at their discretion, provided, however, that they shall make no 
loan of money for any period exceeding one year, except upon the same 
securities, which are required to be taken by savings banks, in pursuance of 
law.

Finally I would desire the Guardians of my children above appointed to see to 
it that they get a thorough and good education & hope that the executors of 
this will, will do all in their power to aid the Guardians to bring about that 
result.

In testimony whereof, I hereto set my hand, this the 14th day of September 1877.

                                           Herman Weil (signed)

Witness

W.W. Crawford

On this the 17th day of December 1878 before me personally came Henry Weil 
one of the executors named in the last will and testament of Herman Weil decd 
and duly qualified as such by taking and subscribing the oath prescribed by law.

W.T. Yelverton

Probate Judge

On this the 25th day of January 1879 before the undersigned personally came 
Benjamin Kalzenstein a citizen of Baltimore MD one of the executors named in the 
last will, and testament of Herman Weil decd and qualified as such by entering 
into bond in the sum of Sixty Thousand dollars with Henry Weil & Solomon Weil 
as sureties and by taking and subscribing the oath prescribed by law.

W.T. Yelverton

Probate Judge

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