1 Apr 1873 -Will of William W. Terry, Forsyth Co., NC
William W. Terry (1805-1879) married 1st to Ellender Banner (1803-ca 1853) d/o Ephriam Banner and
Elizabeth Hartgrove Banner and married 2nd to Charity Banner (1807-ca 1865) sister to Ellender Banner
and d/o Ephriam Banner and Elizabeth Hartgrove Banner and married 3rd to Elizabeth Jane Clayton
(1807-1879) d/o John Clayton Jr. and
Elizabeth Moore Clayton
In the name of God, Amen. I William W. Terry of the County of Forsyth
in the State of North Carolina, do make, publish, and declare the
following to be my last will and testament; that is to say .
First, I will and devise to my beloved WIFE ELIZABETH J. TERRY [Elizabeth Clayton]
for and during her natural life, one third part in value of all my
lands of which I may die seized and possessed, including my dwelling
house and improvements, and I do also will and devise to her the
twenty five one acre tract part of which is known as the Zimmerman
tract, this I give to her absolutely.
Secondly, I will and bequeath to my said wife ELIZABETH J.
TERRY all the money that may be on hand and debts due me at
my death, my grey mare, all the milk cows that may be on
hand, two beds, bedsteads, and furniture, her choice, one bureau
and contents, her chains, one clothes press and contents, the watch
she got of her brother Gideon Clayton, three band boxes and
their contents, and a large family bible which she had when
we were married.
Thirdly, I will and direct that my executors hereinafter named,
as soon after my death as may be convenient present to sell
the whole of the land of which I may die seized and possessed
including the remainder after my said wife's third part for her
life, that the sale be made for cash, at public auction, upon the
premises, after due advertisement, and that the proceeds of said
sale be divided as follows, to wit: to my SON NATHANIEL R. TERRY
one fourth part, to my DAUGHTER LORETTA TUTTLE WIFE OF PETER H. TUTTLE
one fourth part, to my DAUGHTER SARAH TERRY one fourth part,
and the remaining fourth part, I will and bequeath to the FOUR
LIVING CHILDREN OF MY SON JOHN H. TERRY, decd., late of the state of
GEORGIA, and to the survivors or survivors of them.
Fourthly, I will and direct that my executors hereinafter
named, as soon after my death as may be convenient, sell
at public auction, for cash, the whole of my personal estate, not
herein before disposed of, and the proceeds of such sale to dispose
of as follows, to wit; pay to my SON NATHANIEL R. TERRY, one fourth part,
to my DAUGHTER LORETTA TUTTLE WIFE OF PETER H. TUTTLE one fourth part,
to my DAUGHTER SARAH TERRY one fourth part, and the remaining
fourth part thereof I give and bequeath to the four living
children of my son JOHN H. TERRY decd. of the State of Georgia,
and to the survivors or survivors of them, but should all of the
said four children of my said son John H. Terry died before arriving
at the age of twenty one years, then and in that case it is my will
that all I have bequeathed to them in his my last will and
testament, go to, and be paid over to my three children above
named, to wit: Nathaniel R. , Loretta, and Sarah, share and share
alike, and I do hereby will and direct that the whole of the
money arising under or by virtue of this my last will to the said four
children of my said deceased son John H. Terry, remain in the
hands of my son Nathaniel R. Terry during the minority--
of the said four children, and that he settle with, and pay over to
them each as they shall arrive at the age of twenty one years and
should they all die without either of them arriving at that
age, then that he divide the money as above directed.
And lastly, I do hereby constitute and appoint my beloved wife
Elizabeth J. Terry and my son Nathaniel R. Terry executrix and
executor of this my last will and testament. In witness whereof
I have hereunto set my hand and seal this 1st day of Aug AD 1873.
Witness R. A. Barrow Wm. W. Terry SEAL
R. L. Cox
12 Sept 1879 - Forsyth Co.,NC - William W. Terry's will was probated by the oath of R. A. Barrow and R. L.
Cox in Forsyth Probate Court, by C. L. Hauser, Probate Judge.
23 Sept 1879 - Forsyth County Probate Court, before C. S. Hauser, Judge of Probate in the matter of the will
of William W. Terry:
"Nathl. R. Terry being sworn, doth Say
That William W. Terry, late of said County, is dead, having first
made and published his last will and testament; and that Nath. R. Terry
is the executor named therein.
Further, that the property of the said Wm. Terry
consisting of 2 cows, 12 calves, 8 or 10 hogs and pigs, Household & Kitchen furniture,
Farming tools, wagins, & 307 acres of land more or less
is worth about $2000.00 so far as can be ascertained at the date of this application; and that
Nath. R. Terry, Loretta Tuttle wife of Peter H. Tuttle
Sarah Wilson wife of Jo. Wilson, & the heirs at Law of
John H. Terry, decd.
are the parties entitled under said will to the said property.
Sworn and subscribed before me this 23 rd
day of September 1879
C. S. Hauser, Probate Judge N. R. Terry
23 Sept 1879 - "I, Nath. R. Terry do swear that I believe this writing to be and
to contain the last will and testament of William Terry deceased;
and that I will Well and truly execute the same, by first paying his debts and then his legacies, so far as the
said estate shall extend or the law shall charge me; and that I will well and faithfully execute
the office of an Executor agreeable to the trust and confidence reposed in me, and according to the law.
So help me God. N. R. Terry
Sworn and subscribed before me, this the
23rd day of September 1879.
C. S. Hauser, Probate Judge
Transcribed by Judy S. Cardwell in 1997. Brackets added by the transcriber.