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Samuel Mann
Dec. 21, 1887 - Oct. 8, 1888
Will Book 1; pg.
52

State of North Carolina}
       Dare County         }

In the name of God Amen.

I Samuel Mann of Dare County and State of North Carolina being of sound mind and memory but being advanced in age and 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 thereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral expenses together with my Just debts howsoever and to whomsoever owing out of the moneys that may first come into her hands as a part of parcel of my Estate.

Secondly.  I do hereby Constitute and appoint my beloved wife, Elizabeth Mann, my lawful Executor to all intents and purposes to Execute this my last Will and Testament without entering into and giving any bond, according to the true intent and meaning of the same and every part and clause thereof hereinafter made given bequeathed and devised hereby revoking and declaring utterly void all other wills and Testaments by me hereuntofore made.

Thirdly.  That for the purposes of making assets in the hands of my lawfully constituted and appointed executor the said Elizabeth Mann.  Now know ye by these presents that whereas I the said Samuel Mann of the County and state aforesaid are the owner in full of and in all that fishery known as the Bevins? Point fishery and all the land thereto belonging situated on the west side of Croatan Sound in Dare County and state of North Carolina.  Beginning at Ware Point or Bevins? Point running a south west Course fifty yards to a post, thence a south Eastwardly Course as many poles as will go to the north side of the Hammock Creek to a post, thence to the north side of the Hammock Creek ditch. Thence on the north side of the ditch to the sound thence the various courses of the sound to the first station known as the Hammock Creek shore or Bevins? Point fishery, containing by estimation Fifteen, more less, acres of land, And do make constitute and appoint by these presents, my lawful  Constituted and appointed Executrix the said Elizabeth Mann and by these presents do empower her the said Elizabeth Mann for me and in Any name to sell grant and convey the said Benns Point fishery and land thereto belonging and all priveliges appertaining absolutely in fee simple for such price or sum of money and to such person or persons as she shall think fit and convenient.

And also for one and in my name and as my act and deed to sign seal execute and deliver such deeds conveyances bargains and sales for the absolute sale and disposal of the said land or fisherys as I myself could do if living---

Item.  I leave, give, and devise to my beloved wife Elizabeth Mann, Two Hundred acres of land more or less on the sound at the north west side of the ditch running Daniel Manns south line one mile back to the swamp at thence a South Eastwardly course to a line of marked trees running and East north Eastwardly course and Known as Samuel M Tillettís north line to a post on the Bevins? Point fishery line thence a westwardly course the various courses of the sound to the first station, the same being the tract of land upon which I now live and to include my Mansion House, all out houses, and other improvements to have and to hold, to her, the said Elizabeth Mann for and during the term of her natural life, in satisfaction for and lein of her dower and thirds of and in all my real Estate together with all the crops our profits raised and derived from sales of lumber necessary for her maintenance and support.

Item  I give and devise to Scyntha Ann Elizabeth Fulcher all that tract of land upon which I now live except the life Estate of my wife Elizabeth Mann devised in said tract & described in a former item of this my will to have and to hold to her, during her natural life and to her bodily heirs in fee simple forever-

Item.  I give and bequeath to my said beloved wife Elizabeth Mann all of my stock of every kind whatsoever together with all farming utensils, household and kitchen furniture that may be in my possession at the time of my death, to have and to hold dispose of and use as she may deem proper as may be necessary for her maintenance, comfort and support during her natural life.-

Item.  I give and bequeath all my stocks of every kind whatever together with all farming utensils Household and Kitchen furniture that may be remaining and in hand at the time of death of my said wife Elizabeth Mann, to Seynitha Ann Elizabeth Fulcher during her natural life and her bodily heirs absolutely.

Item.  I give and bequeath to Ella F. Mann and Sabra Ann Mann, the residue of my real estate lying and  being between and adjoining the lands of  Samuel M. Tillett on the North and Willis Tilletts land on the south. Share and share alike equally between them the same being one Hundred and thirty two acres more or less, and if the said Ella F. Mann should die leaving no bodily heirs, then her share, and interest in said piece or parcel of land shall devise to Samuel M Tillett.

Item.  I give and bequeath to Charles S Etheridge the Sum of Five($5.00) Dollars as his right and property forever to be paid by my Executrix.

Item.  I give and bequeath to Avary Tillett the sum of Five ($5.00) Dollars as his right and property forever to be paid my Executrix.

Item.  I give and bequeath to Barbary W. Mann the sum of Five ($5.00) Dollars, as her right and property forever to be paid by my Executrix.

Item.  I give and bequeath to my beloved wife Elizabeth Mann all my rights, titles and interests in all the marsh, Swamp and Crawling lands owned my me at the time of my death to have and to hold to her to use and dispose of for her own use and benefit, except so much thereof as may be necessary to pay my burial expenses and just debts and to give the legacies as devised in former items in this my will provided that the sale of the lands herein directed to be sold should be insufficient to do so, and if there should be any surplus over and above the payments of my first debts, expenses and legacies and the funeral and burial expenses of my beloved wife Elizabeth Mann out of the sales of the property herein directed to be Sold that such surplus shall be equally divided and paid to Samuel M. Tillett, Ella F. Mann, Sabra Ann Mann and Scyntha Ann Etheridge Fulcher.

In witness whereof I the said Samuel Mann do hereunto set my hand and Seal this the 21st day of December AD 1887.

 /s/  Samuel [his x mark] Mann

Signed, Sealed, published and declared by the said Samuel Mann 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 witnesses thereto.
    William Mann
   
D. Hayman

State of North Carolina}    SS: In the Superior Court
         Dare County       }
    A paper writing purporting to be the Last will and testament of Samuel Mann deceased,  is exhibited before me and undersigned Clerk of Court for said County by  Elizabeth Mann the Executrix,  therein mentioned and the due execution thereof by said Samuel Mann by the oath and examination of Daniel Hayman and William Mann 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 Samuel Mann that the said Samuel Mann in the presence of the deponents subscribed his name at the end of said paper writing which  now shown as aforesaid and which bears date of 21st day of December 1887.
     And the deponents further saith that the said Samuel Mann the testator aforesaid did at the time of subscribing his name as aforesaid, declared 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 said testator. And this deponent 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 deponents subscribing his name as attesting witness thereto; as aforesaid , the said Samuel Mann was of Sound mind and memory of full age to execute a will and was not under any restraints to the knowledge, information or belief of this deponents, and further these deponents say not.  Severally sworn and subscribed.
    D. Hayman      (Seal)
    William Mann (Seal)

Severally Sworn and Subscribed this 8th day of October 1888 before me.
    John W. Evans Superior Court Clerk

This will was transcribed by Marla Beasley. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information.

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