Johnston County, NC
Will of James W. Lee Sen.
I, James W. Lee Sr., of the County of Johnston and State of North Carolina being of sound mind and memory but considering uncertainty of my earthly existence do make and declare this my last Will and Testament in manner and form following, that is the say..
First that my executor herein after named shall provide for my Boddy [sic body] a decent burial suitable to the wishes of my Relations and friends and pay all funeral expenses together with all my just debts howsoever and to whomsoever owing out of the monies that may first come into these hands as a paret or parcel of my estate.
Item 1st. I give and devise to my beloved wife Isabela Lee one hundred and seventy six acres of land that is the lands now live on including my house and all out houses and other improvements to have and to hold to be the said Isabela Lee for and during the term of her natural life in satisfaction for and in hers of her do[illegible] and thirds of and all of any Real Estate.
Item 2d. I give and devise to my beloved wife Isabella Lee all my house hold and kitchen furniture during her natural lifetime.
Item 3d. I give and devise to my beloved wife Isabela Lee one grey mare named Cate and boy colt named [Moll?].
Item 4th. I give and devise to my beloved wife Isabela Lee two cows and calves and one work ox by name Buck her choice.
Item 5th. I give and and devise to my beloved wife Isabela Lee my intire [sic entire] stock of hogs now on hand.
Item 6th. I give and devise to my beloved wife Isabela Lee all the Provisions on hand at the time of my death also all the domestic fowls and poultry also the growing crop of the cane, allso [sic also] the old clearing of the low groun[d]s about five acres, allso [sic also] one other peace [sic piece] of low grounds about one acre and a [long?] [his?] clearing to Y. J. Lee.
Item 7th. I give and devise to Lewis W. Lee my son one yellow colt By name George Washington allso [sic also] one feather Bead [sic bed] and furniture and one sow.
Item 8th. I give and devise to my son Y. J. Lee one sorrel mare By name Princess allso [sic also] one feather Bead [sic bed] and furniture allso [sic also] one sow.
Item 9th. [I] give and devise to my daughter Sarah J. Lee one feather Bead [sic bed] and furniture and allso [sic also] one white cow and yearling and one sow. Allso [sic Also] one sewing Machine after the death of her mother Isabela Lee.
Item 10th. [I] give and devise to my beloved wife Isibela Lee Three Bee hives her choice and allso [sic also] one Buggy one cart her choice allso [sic also] all the farming Tools on hand allso [sic also] five Ewes and lambs her choice.
Item 11th. I give and devise to Lewis W. Lee and Y. J. Lee my Blacksmith Tools each to share and share alike.
Item 12th. My will and desire is that at the death of my beloved wife Isiabella Lee that after taking out all devises and legacies above mentioned shall be sold and the debts collected and if any of these should be any surplus over and above the Payment of debts Expenses and legacies that such surplus shall be equally divided and paid over to my said children in equal proportion and Every one of them their Executors, administrators and [assessins?] absolutely forever namely Winneford West, Susana Lee, Elizabeth Barefoot, James W. Lee Jr., Joel Lee, Sedulious lee, Martha A. Tart, Jesse W. Lee, Nancy J. Denning, Lewis W. Lee, Y. J. Lee and Sarah J. Lee.
And lastly I do hereby constitute and appoint my Trustees wife Isiabella Lee and son Y. J. Lee my lawful Executors to all intents 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 Testaments by me heretofore made.
In witness whereof I the said James W. Lee Sr do here and to set my hand and seal, this 12th day of April A.D. 1878.
James W. Lee Sr. (seal)
Signed sealed in the presence of us who were present.
Wm. A. Langston
Johnston County: Probate Court
In the matter of the Will of James W. Lee Sr. deceased -- Evidence of Witnesses
Wm. A. Langston and Uriah Westbrook the subscribing witnesses to a paper writing purporting to be the last Will and Testament of James W. Lee Sr. deceased, being duly sworn, each deposeth and saith; That they are each subscribing witnesses to the said Will, and that the said James W. Lee, in the presence of these deponents subscribed his name to the said paper writing, which is now exhibited and which bears date the 12th day of April A.D. 1878.
The deponents further saith, that the said James W. Lee the testator aforesaid, did at the time of subscribing the same, declare the said writing, so subscribed by him and now exhibited, to be and contain his last Will and Testament, and these deponents did thereupon, at the request and in the presence of the said testator, subscribed their names at the end of said Will as attesting witnesses thereto. And these deponents further saith that at the time when the said testator subscribed his name to the said Will, and at the time of these deponents subscribing their names thereto as attesting witnesses, as aforesaid, the said James W. Lee Sr. was of sound mind and memory, of full age to execute a Will, and was under no restraint to the knowledge or belief of these deponents.
Severally sworn to and subscribed before me this 2nd day of Sept. 1878.
J. H. Abell William A. Langston
Johnston County: In the Probate Court
In the Matter of the Will of James W. Lee Sr. deceased } Certificate of Probate
A paper writing purporting to be the last Will and Testament of James W. Lee Deceased is exhibited for Probate, before Mr. J. H. Hall, Judge of Probate for said county by Isabela Lee & Y. J. Lee, the Executors therein named, and thereupon Wm. A. Langston and Uriah Westbrook the subscribing witnesses thereto, being duly sworn, each deposed and said: That they are each a subscribing witness to said Will and that they saw James W. Lee at the time of subscribing the same declared the said writing to contain his last Will and Testament and they did each thereupon, at the request and in the presence of the said testator, subscribe their name as an attesting witness thereto.
And further, that at the time of the subscribing aforesaid, the said James W. Lee was of sound mind and memory, of full age to execute a Will, and under no restraint to their knowledge or belief.
Thereupon, it is adjudged by the Court, that the said paper writing and every part thereof is the last Will and Testament of the said James W. Lee, and the same is ordered to be recorded and filed. And thereupon Isabela Lee & Y. J. Lee Executors as aforesaid are duly qualified as such.
J. H. Hull
Scan of original document (page 1)
Wills, 1868-1892, Vol. 03, pp 200-202
Uriah Westbrook
R. S. Westbrook
B. R. Westbrook
Probate Judge Uriah Westbrook
Sept. 2nd 1878.
Probate Judge
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Scan of original document (page 2)
