Lenoir County, NC - Mooring & Others vs Stroud, 1885
                    Barney Stanley Will of 1884

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Lenoir County: Superior Court

Sarah Mooring, B.E. Mitchell, Mary Mitchell,
J.S. Mitchell, P.M. Harrison, Penina Harrison,
Winneford Letchworth, Etheldred Mitchell,
James R. Hemby, N.J. Hemby and B.F. Mitchell

             VS

Lott Stroud, Jensie Stroud
Owen Stroud, Sarah Stroud             DEFENDANTS

The Plaintiffs Complaining Says

1ST  That the records of the Courts both Superior County and of Equity
of Lenoir County have been destroyed by fire.
2ND  That  BARNEY STANLEY died in Lenoir County in the year 1867
having first executed his last will and testament which was duly 
submitted to probate in open Court before the County Court of Lenoir 
County and adjudged to have been duly executed and ordered to be 
recorded.
3RD  That as they are informed and believe the said last will and 
testament of said BARNEY STANLEY was in the following words and 
figures.

     I  BARNEY STANLEY being of sound mind and disposing memory, and
knowing the uncertainty of death and the uncertainty of life do make 
and declare this to be my last will and testament.
ITEM 1ST  I give and bequeath unto my beloved wife SARAH STANLEY all
my personal property of every description not hereafter disposed of.
ITEM 2ND  I lend to my daughter JENSIE STROUD one negro woman named
Cherry and her increase during her natural life. At her decease to be 
equally divided among her children.
ITEM 3RD  I lend unto my daughter SARAH STROUD a negro woman named
Rhoda and her increase during her natural life. And at her death to be 
equally divided among her children.
ITEM 4TH  I lend to my wife SARAH STANLEY during her life time my 
plantation in Greene County on Tyson Marsh, and at her death to MARY E. 
MITCHELL, my daughter during her natural life. And at her death my will 
and desire is that it be divided equally among her children.
ITEM 5TH  I hereby constitute and appoint my beloved wife SARAH STANLEY
Executrix of this my last will and testament.
     In witness where of I have hereunto set my hand and affixed my 
seal this______    ___   1863.
Witness                                  BARNEY STANLEY  Seal
CALVIN ROUSE
JOHN LEA

4TH  That said last will and testament is duly submitted to offered for 
probate in open Court in the County Court of Lenoir County at ______ 
Term 1867 by the Testatrix named therein to Wit. SARAH STANLEY ____ was 
adjudged to have been executed by due process, proper notice haven been 
given to all parties interested and the following Certificate of 
Probate marked "A." attached thereto, and the same ordered to be 
recorded in the records of Wills and filed.
ITEM 5TH  That said lost Will and Testament was duly recorded and filed.
6TH  That the record of said Probated Will have been destroyed by fire.
7TH  That the defendants JENSIE and SARAH STROUD are children of BARNEY
STANLEY, they have intermarried with the other defendants.
8TH  That the plaintiffs are the children of MARY E. MITCHELL and the 
husband of said children. 
9TH  That the only children of BARNEY STANLEY were the said SARAH 
STROUD, JENSIE STROUD and MARY MITCHELL.
10TH  That SARAH STANLEY and MARY E. MITCHELL are both dead.
Wherefore the plaintiffs demand Judgement, that the above be set up as 
the last Will and Testament of BARNEY STANLEY and the probate and 
record there of to be and stand in lieu of said original Will and 
probate and record there of and for such other and further relief as 
this Case may demand.
                                         W.C. MONROE
                                        Atty for Plaintiffs
Probate August 5 1884

Enrolled in the office of the Clerk of the Superior Court
of Lenoir County the 10th day of June 1885

Record of Wills
Greene County Courthouse
Snow Hill, NC

There is more of the court case in this document.
It can also be found in Lenoir County.
There are TWO  Item 5TH's.

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This file was contributed for use in the USGenWeb Archives by
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