Wayne County, NC
State of North Carolina
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.
STATE OF NORTH CAROLINA
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.
(APPLICATION - Letters Testamentary - form printed at the Messenger Office, Goldsboro, NC)
(PROBATE OF WILL - form printed at the Messenger Office, Goldsboro, NC)
STATE OF NORTH CAROLINA
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.
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.