Johnston County, NC
Will of Nancy Johnson dec'd
I, Nancy Johnson of Johnston County and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this to be 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 (if any) how so over and to whom over owing out of the moneys that may first come into his hands as a part of parcel of my estate.
Item, I give and devise to my beloved son Jesse J. Johnson the sum of Six dollars.
Item, I give and bequeath to the lawful bodily heirs of my beloved daughter Betsey Eveline Hudson dec'd Five Dollars to be equally divided among them.
Item, I give and bequeath to the lawful bodily heirs of my beloved daughter Susan Ann Barefoot (dec'd) the sum of Five dollars to be equally divided among them.
Item, I give and bequeath to Mary Ann Barefoot, my youngest daughter, all my remaining property of every kind whatsoever consisting in part of Household furniture, farming instruments, cattle & hogs and all my entire property (except my kitchen furniture, corn and fodder and potatoes (if any).
Item, My will and desire is that all the residue of any estate after taking out the devises and legacies above mentioned shall be sold and the debts owing to me collected and all debts and expenses owing by me be paid, then if any surplus remains to be paid over to my son Jesse J. Johnson.
And lastly, I do hereby constitute and appoint my trusty son in law, Miles V. Barefoot 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 every part and clause thereof hereby revoking and declaring utterly void all other wills & testaments hereunto from made by me in witness whereof I said Nancy Johnson do hereunto set my hand & seal this December the 8 A.D. 1883.
Nancy {her x mark} Johnson (seal)
Signed, Sealed and published & declared by the said Nancy Johnson to be her last will and testament in our presence.
John V. Barefoot
State of North Carolina } In The Supreme Court
A paper purporting to be the last Will and Testament of Nancy Johnson deceased is exhibited before me the undersigned Clerk of Superior Court for said County by Miles V Barefoot the executor therein named, and the due execution through by the said Nancy Johnson is proved by the oath and examination of John V Barefoot and Y J Lawhon, the subscribing witnesses thereto: who being duly sworn doth depose and say, and each for himself deposith and saith that he is a subscribing witness to the paper writing now shown here purporting to be the last Will and Testament of Nancy Johnson. That the said Nancy Johnson in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown aforesaid and which bears the date of the 8th day of December 1883 -- And the deponent further saith that the said Nancy Johnson the testatrix aforesaid, did at the time of subscribing her name as aforesaid declare the said paper writing so subscribed by her & exhibited to be her last Will and Testament and this deponent did thenupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testatrix - And this deponent further saith that at the said time which the said testatrix subscribed her name to the said last Will as aforesaid, and at the time of the deponents subscribing his names as an attesting witness thereto as aforesaid the said Nancy Johnson was of sound mind and memory, of full age to execute a Will and was not under any restraint to the Knowledge, information or belief of this deponent, and function these deponents say not.
Severally sworn and subscribed this 28th day of April 1885 before me
L R Waddell cSC John V. Barefoot (seal)
Johnston County Certificate of Probate
In the matter of the Will of Nancy Johnson Deceased.
A paper writing purporting to be the last Will and Testament of Nancy Johnson deceased, is exhibited for Probate before me L R Waddell cSC for said County by Miles V. Barefoot the executor therein named and John V. Barefoot and Y J Lawhon the subscribing witnesses thereto having been duly sworn, each deposed and said: That they are each a subscribing witness to said Will, and that the said Nancy Johnson subscribed the same in their presence. They further said that the said Nancy Johnson at the time of subscribing the same declared the said writing to contain her last Will and Testament; and they did each thenupon, at the request and in the presence of the said testatrix subcribe their name as as attesting witness thereto. And further that at the time of the subscribing as aforesaid the said Nancy Johnson was of sound mind and memory, of full age to execute a will, and under no restraint to their Knowledge and 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 Nancy Johnson, and the same is ordered to be recorded and filed -- And Thereupon M V Bareford Executor as aforesaid is duly qualified as such. Let L___ T___ issue accordingly.
L.R. Waddell cSC
Scan of original document (page 1)
Wills, 1868-1892, Vol. 03, pp 377-379
Y J Lawhon
__________________________________
Johnston County
Y J Lawhon (seal)
In the Probate Court} The 28th day of April 1885.
_____________________________________
Scan of original document (page 2)
