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William Stroud 1882Transcribed and submitted by Donna lebedynsky : [email protected]
Copied from the original Probate folder in NC State Archives in Raleigh, NC
Last Will and Testament dated September 30th, 1882
I William Stroud of the County of Duplin and State of 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: I give and devise to my oldest daughter Eliza Winniford all that tract of land on the East side my plantation beginning at the gate running with the path to the gate at the dwelling house where I now reside and with the yard fence on the West side of my dwelling house-including all the buildings to a Stake, thence a strait line to the head of a little branche in the plantation with said branch as it runs to a ditch as the ditch thence to the run of the North East River down the run to G.W. Williams line and with his line to the beginning; also one other tract of land containing twenty acres situated on the south side of the Mount Olive road; the West end of the forty acre tract of woodland. I also give to my daughter two cows and calves 2 sows and pigs one hourse and one mule which I may have at my decease. To my son Thomas I give and devise all that tract of land on the West side of my plantation, beginning at the gate runing with G. W. Williams line and the Mount Olive road to the Goldsboro and Kenansville road thence with the road to the North East River down the run to my daughters line and with her line to the beginning. I also give to my son Thomas the East and of my forty acre woodland tract where he now resides. My Will and desire is that the residue of my estate, if there be any after taking out the devises and legacies above mentioned. to be divided between my three children Winniford, William and Thomas, in the proportion to Winniford I give one half, to William I give one fourth and to Thomas I give one forth. And lastly I do hereby appoint W. J. English 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 by my heretofore made in witness whereof I, said William Stroud do here until set my hand and seal, this the 30th day of Sept 1882.
Signed, sealed published and declared by the said William Stroud to be his last will and testament in the present of us, who, at his request and in his presence do subscribe our names as witness thereto.
G.W. Williams WM Stroud (note signed with signature) (Seal)
A.J. Grant
North Carolina
Superior Court Duplin County
before R. C. Broadhurst, cfc
In the matter of the last will and Coveat (not sure of this word)
testament of William Stroud deceased
A paper writing , proporting to the last will and testament of William Stroud deceased and which is words and figures following , to wit. a copy of which is hereto attached marked A, is provided for probate by the executor therein named and provided in Couveran(?) form, wherefore as Thomas Stroud as kin-at-law and next-of-kin of the said William Stroud came into court with a covean to the probate thereof and say that the same is not the last will and testament of the said William Stroud for the various (unknown word) and said that a certain paper writing exhibited by him of date 30 day of September 1882 is his last will and testament, a copy of which is as follows.
(copy) a copy of which hereto attached marked B. And therefore the coveat? depicts the following issues to be made up and submitted to the jury, to wit.
is the said paper writing or any part there of date 18 day of March 1854, if so which part, the last will and testament of the said William Stroud?
Is the said paper writing or any part therefore, of date 30 day of September 1884, and is so which part, the last will and testament of the said William Stroud?
And on motions , it is ordered that a notice be issued against William Stroud & Winnifred Stroud & Elizabeth Stroud the kin-at law and next -of -kin and the persons intended under said paper writings to appear at the next time of Superior Court of Duplin County to be held tho? (at Wednesday of August 1890 to see proceedings in this cause, and to make themselves parties to said issues, if they shall think proper.
R. C. Broadhurst
Number 206.
APPLICATION FOR LETTERS TESTAMENTARY-Printed and for sale at Harrell's Printing House, Weldon, NC
STATE OF NORTH CAROLINA,
Duplin County.
IN THE MATTER OF THE LAST WILL OF Before A. C. Broadhurst
William Stroud Clerk Superior Court
W.J. Jones being duly sworn, doth say:
That William Stroud , late of said County is dead, having first made and published his last WILL AND TESTAMENT; and that W. J. Jones is the executor named therein
Further, that the property of said William Stroud consisting of 124 acres of land, horse, cattle hogs sheep and household and kitchen furniture. is worth $1000.00 so far as can be ascertained at the date of this application; and that Elizabeth Stroud wife, WM Stroud decd, Winnifred Stroud, Wm G. Stroud, & J. E. Stroud all of the state of North Carolina & County of Duplin and over twenty one years of age are the parties entitled under said will to the said property.
Sworn to and subscribed before me the 13th day of March, 1890.
A. C. Broadhurst W. J. Jones
Clerk of Superior Court
North Carolina
Superior Court Duplin County
before R. C. Broadhurst, cfc
In the matter of the probate of the last will and Covean?
testament of William Stroud deceased
Thomas Stroud and W. F. English came into court with a covean to the probate of a certain paper writing proported to be the last will and testament of William Stroud deceased of date 18th day of March 1884 and admitted to probate in couveran form in this court on the 13th day of March 1890 and say that this paper is not the last will and testament of the said William Stroud or any part thereof, for that the said William Stroud did not sign said paper writing, and said is not in the his handwriting and was not witnessed at his request by W. J. Jones and J. H. Brock.
They further say that if said William Stroud did sign said paper writing his signature thereto was procured by fraud and under influence and at a time when he was not capable of making a will.
They further say that Thomas Stroud, William Stroud, and Winneford Stroud are the kins-at law and distributors of said William Stroud deceased and devises under said paper writing and his widow Elizabeth Stroud.
They further offer for probate a paper writing of date 30 day of September 1882 as the last will and testament of the said William Stroud deceased and ask that the same be admitted to probate.
T. E. Stroud
Number 341.D.
APPLICATION FOR LETTERS TESTAMENTARY-Printed and for sale at Harrell's Printing House, Weldon, NC
STATE OF NORTH CAROLINA, SS, IN THE SUPERIOR COURT
Duplin County.
A paper writing purporting to be the LAST WILL AND TESTAMENT OF William Stroud deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by W. J. Jones the executor therein mentioned, and the due execution of thereof by the said William Stroud is proved by the oath and examination of W. J. Jones & J. H. Brock 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 William Stroud that the said William Stroud in the presence of this deponent, subscribed, name at the end of said paper writing, now shown as aforesaid, and which bears date of the 18th day of March 1884.
AND THE DEPONENT FURTHER SAITH, That the said William Stroud 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 the said testator. And this deponent further saith, that at the said time when the said testator subscribe his name to the said last Will as aforesaid and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said William Stroud was of sound mind and memor, of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent: and further these deponents say not.
This therefore considered and adjudged by the Court that the said paper writing and every part and clause there of is the last will and testament of William Stroud Deceased and the same is ordered to be recorded and filed. W. J. Jones the executor named in each last will and testament failed to qualify as executor.
R. A. Broadhurst
Last Will and Testament of William Stroud
I William Stroud of the County of Duplin and state of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence I do make and declare this my last will and testament in manner and form, as follows that is to say I give and devise to my son W. G. Stroud his heirs, executors, administrators, and assigns, all that tract of land known as the Dolan(looks like) place lying and being in the County of Duplin and State above mentioned containing Seventy Acres.
Also one other tract known as the Woodland tract containing 54 acres to have and to hold unto him-self, his heirs, executors, administrators, and assigns, for ever and ever.
I also give to my son W. G. Stroud my entire estate of personal property, such as horses, cattle, hogs, and sheep, household and kitchen furniture and farming implements also one double barrel gun.
I give and devise to my son T. E. Stroud and daughter Wineford Stroud and lastly I do hear-by appoint W. J. Jones my lawful executor to all intents and purposes, to execute this my last will and testament accorden to the true intents and meaning of the same and evry part and clawse hearby by me hear-to-fore made. In witness where of I the said William Stroud do hearby set my hand seal this the 18th day of March A.D. 1884. Signed Sealed published and declared by the said William Stroud to be his last will and testament in the presence of us who at his request and his presence do subscribe our names as witness hear-unto.
his
William x Stroud (Seal)
mark
Witness W. J. Jones
his
J. x H. Brock
mark
Personally appeared before me Thaddews Jones Justice of the Peace of Duplin County. W. J. Jones & J. H. Brock and maketh oath that they were present and saw William Stroud signed the above instrument of (looks like willings) in there presents and that they witnessed the same.
Witness my hand and seal this 10th day of March A.D. 1890
Thad Jones. J.P. (Seal)
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Lutson Stroud, Jr. 1798August 22, 1798
Last Will and Testament
In the name of God Amen, I LUTSON STROUD, JR. of the county of Duplin and State of North Carolina, being sick in body but of perfect sound mind and memory thanks be to God for the same, but calling to mind that the mortality of my body and that is appointed for all men once to die. I do hereby make and ordain this my Last Will and Testament, First of all I recommend my soul into the name of God that I give it, and my body to be buried in a Christian like manor in the manor at the descressian (looks like probably descretion) of my Ex. Hereafter appointed. All the property that I possess at this time of all kinds I leave to be sold, and all my just debts be paid out of the money, and the rem-to be equally divided between 2 my wife HANNAH STROUD and four of my children LEWIS, SELAH, WINNY and ISAAC STROUD to them and them forever--- As ZILPHA and ABEL CROOM STROUD has all reached their part?--and for my son LEWIS and A CROOM to have one years schooling a piece out of their part or portion of my Estate, and my ISAAC and my daughter WINNY STROUD to have one year and a half schooling out of their part or portion of my estate, and if in case that one or all these children should be first Out whosoever takes the must(?not sure if this is correct) Give them the schooling before mentioned and for it not to come out of their estate.--- And for my wife HANNAH STROUD to have the chance of living on the place whereon I now live until my son ABEL C STROUD come of age if she sees cause, but not clear any more land, now if she don't live on it for it to be rented out, and the money be for my son AC STROUD. I leave my brother, ARTHUR STROUD and JOHN MAXWELL Exe..to this my last will and testament, and I do hereby acknowledge this to be my last will and testament in witness where of I have here unto set my name and seal this 22nd Day of August in the year of our Lord 1798-----
Signed Sealed and Declared
In the presents of
Tho. Shelton His
Stephen Smith Lutson Stroud Jr. {Seal}
Mark
This was the within will proved in open court in due form of law by the oath of Thomas Shelton one of the subscribing witnesses thereto and at the same time John Maxwell one of the executors named in the said will came before the court and qualified as such according to law--ordered that letters issue accordingly.
Test. WM. DICKSON C.C.
Lutson Stroud Will proved October Term 1798.
John Maxwell Esquire
Book A Page 429
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