Newman Potts, 1819-1884
Wayne County, NC



NC Archives

State of North Carolina
April the 4th 1884
Wayne County

In the name of God Amen

I Newman Potts Sr being of sound mind make and constitute this my last will and testament after paying all my just debts and paying my funeral expenses I give and bequeath the balance of my property as follows:

Item 1st I give and bequeath to my youngest son Robert Henry Potts my entire tract of land on the north side of Neuse River containing one hundred & fifty acres more or less adjoining the lands of Jack J Casey William Daniel & others also one bed and stead & bed clothing.

Item 2nd I desire all of my stock of every description and all my household and kitchen furniture to be sold except one bed and stead & bed clothing for one bed I give to my youngest daughter Minnie Charity Potts also one bed & stead and bed clothing for one bed I give to my daughter Julia Elisabeth Potts.

Item 3rd I give and bequeath to my daughter Julia Elisabeth Potts three hundred dollars for educational purposes out of the sale of my perishable property & funds I have on hand.

Item 4th After giving my daughter Julia Elisabeth Potts three hundred dollars out of my perishable property & funds on hand the residue I give and bequeath to my youngest son Robert Henry Potts & my youngest daughter Minnie Charity Potts to be equally divided between them for educational purposes.

Item 5th I give and bequeath the Balance of my land to my daughter Mary Caroline Jones and my son William Potts and my daughter Susan Jones and my son Newman Potts and my daughter Hannah Moriah Stafford and my son Lucius Potts and my daughter Cynthia Ann Fields and my son Urban Potts and my daughter Julia Elisabeth Potts and my daughter Minnie Charity Potts to be equally divided between the above named children in witness whereof I have hereunto set my hand and seal.
Newman (his X mark) Potts
Witness: W B Bowden & J D Capps


STATE OF NORTH CAROLINA
Wayne County
In the Superior Court

I, William Potts do solemnly swear (or affirm) that I believe that Newman Potts died leaving last Will and Testament; and that I will and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Newman Potts and a true and perfect inventory thereof return as provided by law; and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God.
William Potts
Sworn and subscribed before me, this 6th day of April 1884
A T Grady Probate Judge CSC


(APPLICATION - Letters Testamentary - form printed at the Messenger Office, Goldsboro, NC)

NORTH CAROLINA
Wayne County
In the Superior Court
In the matter of the will of Newman Potts
Before A T Grady Judge of Probate
William Potts being duly sworn, says, that Newman Potts, late of said County, is dead, having first made and published his last Will and Testament, and that __. Further, that the personal property of the said Newman Potts is worth about $500.00 so far as can be ascertained at the date of this application, and that Robert H Potts Minie C Potts Julia E Potts Mary C Jones Susan Jones Newman Potts Hannah M Stafford Lucius Potts Cinthia A Fields Urban Potts & this official William Potts are the parties under said will to the said property.
William Potts
Sworn to and subscribed before me, this 16th day of April, 1884
A T Grady Probate Judge CSC


(PROBATE OF WILL - form printed at the Messenger Office, Goldsboro, NC)

STATE OF NORTH CAROLINA
Wayne County
In the Superior Court
A paper purporting to be the last Will and Testament of Newman Potts deceased, is exhibited before me, the undersigned Clerk of Superior Court for said County, by William Potts and the due execution thereof by the said Newman Potts by the oath and examination of W B Bowden & J D Capps 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 Newman Potts that the said Newman Potts in the presence of the deponents subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of 4th April 1884.

And the deponents further saith, That the said Newman Potts 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 these deponents did thereupon subscribe their names at the end of said Will, as an attesting witness thereto, and at the request and in the presence of said testator. And these deponents 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 deponent's subscribing these names as an attesting witness thereto, as aforesaid, the said Newman Potts 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 further these deponents say not.
W B Bowden (Seal)
J D Capps (Seal)
Severally sworn and subscribed this 16 day of April, 1884, before me,
A T Grady Probate Judge CSC


NORTH CAROLINA
In the Superior Court,
This 16 day of April

A paper writing purporting to be the last will and Testament of Newman Potts deceased, is this day exhibited for probate before the undersigned, Clerk of Superior Court for said County, by William Potts and the due execution thereof by the said Newman Potts is duly proven by the oath and examination of W B Bowden and J D Capps the subscribing witnesses thereto, who being duly sworn, each for himself, says that he is a subscribing witness to said paper writing; that the said Newman Potts subscribed his name to the same in the presence of these deponents, declaring said paper writing to be his last will and Testament and thereupon these deponents at the request and in the presence of said Testator subscribed their names as attesting witness thereto; And further that said Testator was at the same time of sound and memory and of full age to execute a will. It is thereupon considered by the Court that said paper writing and every part thereof is the last will and Testament of the said Newman Potts and is ordered to be recorded and filed. And thereupon the said William Potts, administrator __ as aforesaid, duly qualifies as such by taking and subscribing the oath prescribed by law.
A T Grady Probate Judge CSC



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