State of North Carolina
Tyrrell County
Book 3, page 87
Dated 1 Nov 1867
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I Benjamin Brickhouse of the County of Tyrrell 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:
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 whosoever and to whomsoever or howsoever owing out of the monies that may first come into his hands as a part or parcel of my estate.
Item - I lend to my wife Sara Brickhouse the plantation whereon I now live during her life or widowhood and I give her one bed and furniture one beauro which was hers when I married her one bofat and one clock one chest to have and to hold to her the said Sara Brickhouse for and during the term of her natural life.
Item - I give and bequeath and devise to my youngest - Nathanel G. Brickhouse all of this tract of land whereon I now live except the life estate of my wife devised in a former Item of this my will buted and bounded as follows beginning at a Cypres in the sound William C. Snell's beginning of the Lois Swain dead parelel with the corner of his fense running south five degreas east so as to leave sixteen feet for the road to his back corner thence easterly along his back line to Nathan Brickhouses' line thens south five degreas east to a gum and White Laurel in the middle of the Round Pole Branch thense down the middle of that branch to the west side of my run road thense doun my road to John Vanhornes road thens along the south side of that road to Simeon Brickhouse's oald road thense down that road to Andosha Vanhorns south west corner thens easterly along an oald ditch bank to the middle of Vanhorns road thens down the middle of that road to two cedars where the corner gum yousd to stand thense a direct corse to the sound a cypress Anndosha Vanhorns beginning thens easterly along the various courses of the sound to the first station containing of ninety five acres to have and hold to him and his heirs in fee simple forever.-
Item - I give to my oaldest suns Benj. B. Brickhouses children the stock of beas that they have now ceapeing on shearse besides what I have gave him in advans before in his live time.-
Itim - What I have gave to Nathan Brickhouse my sun to be his shear of all my estate-
Itim - What I gave to my daughter Anndosha Vanhorn the wife of John H. Vanhorn in advanse to be her shear of all of my estate -
Itim - I gave to my grand daughter Mavilla Snell daughter of William C. Snell five dollars to be payde to hir out of the mony find comming in to my executors hands herein after named -
Itime - I gave to my daughter Penelipa Snell the wife William C. Snell one bed and furniture cold him by the family -
Itime - I gave to my daughter Mary Brickhouse single woman one bed and furniture coled him by the family -
Itim - My and desire is that all of the residue of my estate (if any) after taking out the devisesis and legacies above mentioned shall be sold for cash and the debts owing to me collected and if there should be any surpulus over and above the payment of debts expenses and legacies that such surplus shall be paid to my wife and six daughters here of named in maner and form in here after named that is to say, to my wife and Susan Snell the wife of Aser Snell and Penelipa Snell the wife of William C. Snell and Disa Roads the wife of Benjamin Roads and Elizabeth Swain the wife of Henderson Swain and Mary Brickhouse and Sara Jane Armstrong the wife of Thomas Armstrong for to hav fifty dollars each if a nuf and if not anuf to be equally divided amongst them and if any over Emiline Persell to have an equil sheare of the balance with the other seven named to be them absoluty forever -
And lastly - I do hereby constitute and apoint my sun Nathaniel G. Brickhouse my lawful executor to all intents and purposes to execute this last will and testament according to the true intent and meaning of the same and every parte and clause thereof - - hereby revoking and declaring utterly void all other wills and testaments by me heretofore made - In witness whereof I the said Benjami Brickhouse do hereunto set my hands and seal this first day of November one thousand and eight hundrid and sixty seven -
Signed Sealed and Published and Declared by the said Benjamin Brickhouse to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnessis thereto
Book 3, pages 86 & 87
State of North Carolina
Probate Court
Tyrrell County
First Monday in September 1868. It being the seventh day of said month Nathaniel G. Brickhouse executor of Benjamin Brickhouse exhibits the will of his testator in open court, and prays the same may be admitted to probate.
The said Nathaniel G. Brickhouse maketh oath that he is executor as aforesaid - That the estate of his testator consists of real and personal property; that, the real estate is worth about four hundred dollars and the personal about two hundred and fifty - That Sarah Brickhouse the widow of his testator of full age resides in said County. That the said N. G. Brickhouse of full age resides in said County, that the children of B. B. Brickhouse are named as follows, Catharine the wife of H. Hayman, Ann Eliza Brickhouse, Benj. Layfayette Brickhouse, Martha Elizabeth Brickhouse infants with guardian. That the other parties interested are as follows, Andosha wife of John H. Vanhorn, Marilla Snell, Penelope wife of Wm. C. Snell, Mary Brickhouse, Susan wife of Azor Snell, Disa wife of Benjamine Rhodes, Elizabeth wife of Hend. Swain, Sarah Jane wife of Thos. Armstrong, Emeline wife of Wm. H. Purcell, that all the aforesaid parties resides in the County of Tyrrell.
Sworn and subscribed )
before me 7th Sept. 1868 )
Eli Spruill S.C. Judge of Probate
Nathaniel G. Brickhouse
Book 3, pages 88 & 89
State of North Carolina
Court of Probate
Tyrrell County
September the 7 1868.
This day was exhibited in open court for probate by N. G. Brickhouse a paper writing purporting to be the last will and testament of Benj. Brickhouse a paper writing purporting to be the last will and testament of Bemnj. Brickhouse at which time and place, appeared Hardy J. Brickhouse & Wm. Brickhouse the subscribing witnesses thereto who being duly sworn said that the said Benj. Brickhouse executed said paper writing as his last will and testament in their presence and that they and each of them in his presence and at his request signed the same as subscribing witnesses thereto, and that in their openion the said Benj. Brickhouse was of sound and disposing mind and memory on motion of the said executor it is declared by the court that the said paper writing propounded is the last will and testament of Benj. Brickhouse and ordered that the same be recorded, together with this certificate, petition & affidavit of said executor.
Book 3, page 91
State of North Carolina
Probate
Tyrrell County Court
First Monday in Sept. 1868. It being the 7th day of said month Nathaniel G. Brickhouse executor of Benjamin Brickhouse exhibits the will of his testator in open court, and prays the same may be admitted to probate.
The said Nathaniel G. Brickhouse maketh oath that he is executor as aforesaid - That the estate of his testator consists of real and personal property: that, the real estate is worth about four hundred dollars. and the personal about two hundred and fifty. That Sarah Brickhouse the widow of his testator of full age resides in said County that the said N. G. Brickhouse of full age resides in said County.- That the children of B. B. Brickhouse are named as follows, Carthine the wife of Henry Hayman, Ann Eliza Brickhouse an infant without guardian, Benj. Layafette Brickhouse, Martha Elizabeth Brickhouse infants without guardian, that the other parties interested are as follows, Amdosia Vanlhorn wife of John H. Vanhorn, Marilla Snell, Penelope Snell wife of Wm. C. Snell, Marry Brickhouse, Susan Snell wife of Azor Snell, Disa wife of Benj. Rhdis, Elizabeth wife of Hend. Swain, Sarah Jane Armstrong wife of Thomas Armstrong, Emeline wife of Wm. H. Purcell, all the aforesaid parties resdi in said County of Tyrrell.
Sworn and subscribed )
Before me 7th Sept. 1868 )
Eli Spruill S C )
Judge of Probate )
Nathaniel G. Brickhouse and the said
N. G. Brickhouse further swears that he will
faithfuly and honorly discharge the duties of his
trust as executor aforesaid-
Sworn & subscribed before me Eli Spruill
Judge of Probate
Nathaniel G. Brickhouse
