Lenoir County, NC  Will of Joseph Waller, 1879

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Will of Joseph WALLER
Will Book A, page 164
28 July 1875/ Probated 7 Feb. 1879
Clerk of Courts Office
Kinston, Lenoir Co., N.C.

Lenoir County, Probate Court
In the matter of the Will of Joseph WALLER, Dead

Before Wm. W. N. HUNTER
Probate Judge

Haywood WALLER, being duly sworn says:
That Joseph WALLER, late of said County is dead having first made and 
published his last will and testament and that Haywood WALLER is the 
executor therein named. Further, that the property of the said Joseph 
WALLER consisting of household furniture and evidences of debt, worth 
about $150.00 so far as can be ascertained at the date of this 
application, and that Asa WALLER, William WALLER, Rebecca WALLER, Elsy 
E. WALLER, Haywood WALLER, Mary A. HILL, James SPENCE and Susan DAVIS 
are the parties entitled under the said will to said property.
Haywood WALLER

Sworn to and subscribed before me.
Feb. 7, 1879
Wm. W. N. HUNTER
Probate Judge

State of North Carolina
Lenoir County

In the Probate Court

A paper purporting to be the last will and testament of Joseph WALLER, 
deceased is exhibited before me the undersigned Judge of Probate for 
said county by Haywood WALLER, the executor therein named and the due 
execution thereof by the said Joseph WALLER by the oath and examination 
of James HERRING  and Emma S. SPAIN, 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 Joseph WALLER 
that the said Joseph WALLER did in the presence of this deponent 
subscribed his name at ---- of said paper writing which is now shown as 
--- and which bears date of the 28th day of May 1875.
And the deponent further saith that the said Joseph WALLER 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 said time when the said testator subscribed his name 
to the said last will as aforesaid and at the time of the deponents 
subscribing his name as an attesting witness thereto as aforesaid the 
said Joseph WALLER was of sound mind and memory of full age to execute 
a will and was not under any restraint to the k knowledge information 
or belief of this deponent. And further, these deponents say not.
James HERRING, Seal
Emma S. SPAIN, Seal
(Married to J. H. WALLER)

Severally Sworn and subscribed this 18th day of January 1879, before me
Wm. W. N HUNTER
Probate Judge

Lenoir County
Probate Court
February 7, 1879

On reading and considering the application of Haywood WALLER to admit a 
paper writing purporting to be the last will and testament of Joseph 
WALLER, deceased to probate and to be qualified as executor thereof 
according to the appointment thereby made and having examined on oath, 
James HERRING and Emma S. SPAIN, the two subscribing witnesses thereto, 
as to the execution thereof: It is adjudged that the said paper writing 
and every part thereof is the last will and testament of Joseph WALLER 
deceased and the same as such is ordered to be recorded and filed. And 
thereupon the said Haywood WALLER, the executor aforesaid, come forward 
and takes and subscribes the following oath:

State of North Carolina
Lenoir County
In the Probate Court

I, Haywood WALLER do solemnly swear that I believe this writing to be 
and contain the last will and testament of Joseph WALLER deceased and 
that I will well and truly execute the same by first paying his debts 
and then his legacies as far as the said estate will extend or the law 
will charge me. And that I will well and faithfully execute the office 
of an executor agreeable to the trust and confidence reposed in me, and 
according to law, so help me God.
Haywood WALLER

Sworn and subscribed before me, this 7th day of February, 1879
Wm. H. N. HUNTER, Probate Judge.

Whereupon Letters of testamentary are issued to the said Haywood WALLER 
as executor of the said last will and testament.
Wm. W. N. HUNTER
Probate Judge

I, Joseph WALLER of the County of Lenoir and 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.
First, That my executor hereinafter named shall provide for my body a 
decent burial, suitable to the wishes of my relations and friends and 
pay all funeral expenses together with my just debts howsoever and to 
whomsoever owning out of the moneys that may first come into his hands 
as a part or parcel of my estate.
Item. I give and devise to my son Asa WALLER one dollar to be paid by 
my executor.
Item. I give and devise to my son William WALLER one bed bedsted, and 
furniture to have and to hold as his right and property.
Item I give and devise to my granddaughter Rebecca WALLER one bed 
bedstead and furniture to have and to hold as her own right and 
property.
Item, I give and devise the rest and residue of my estate real personal 
and mixed of which I shall be seized and possessed or to which I shall 
be entitled at the time of my deceased to be equally divided between 
Elvy E. WALLER, Haywood WALLER, Mary A. HILL, William WALLER and James 
SPENCE and Susan DAVIS my two grandchildren to have one share to have 
and to hold as their own right and property.
And lastly I do hereby constitute and appoint my son Haywood WALLER 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 said Joseph WALLER do hereunto set my hand and 
seal this the 28 day of July 1875.
Joseph WALLER, Seal

Signed sealed published and declared by the said 
Joseph WALLER to be his last will and testament in presence of us who 
at his request and in his presence do subscribe our names as witnesses 
thereto:
James HERRING
Emma S. SPAIN

Recorded in the office of the Probate Judge and Superior Court Clerk of 
Lenoir the 7th day of Feb. 1879.
W. W. N. HUNTER
Judge & Clerk.


END OF DOCUMENT

(NOTE: Probate court witness said Joseph WALLER wrote will & signed 28 
May 1875, but copy of will states it was written 8 July 1875.)

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