BOWSER, ZION

State of North Carolina
Tyrrell County
Book 4, page 235
Dated 15 February 1906


I, Zion Bowser, of Tyrrell County & State of North Carolina, being of sound mind & memory do make, publish and declare this to be my last will & Testament, to Wit:


First. I want all of my just & honest debts paid, out of the sale of all my boats, & if the boats will not pay all my just & honest debts & funeral expenses, then enough of my personal property to be sold, (out side of household & kitchen furniture), to finish paying my just debts & funeral expenses.

I give my daughter, Susan McClees, one piece of land, beginning at the main road leading from Newfoundland to South Shore at the middle of Maple branch Swamp; Thence north to my back line, then the various courses of my back line to the ditch back of the orchard square, then down said ditch to the main road, then along the main road to the first station, being the old homestead.

I give, James Henry Bowser one piece of land, beginning at the main road in a ditch, at the middle of the branch on the West side of the cove road, running the ditch, to the end of the ditch, then on in same direction, to my back line, then down my back line to the main road, then along the main road to the first station.

I give Alice Pledger and Alethea Cooper the remainder of my land on the North side of the main road, of equal valuation.

I give Frank Bowser one piece of land on the South side of the main road, beginning at a ditch at Ayers Sykes line, at the main road, running down the main road to the second ditch beyond Frank's house, there Southwardly down said ditch to its end, & then on in same direction to my back line, then along my back line to Ayers Sykes' line, then along Ayers Sykes' line to the first station.

I give F. A. Bowser one piece of land on the South side of the main road, beginning at the main road in the second ditch beyond Frank Bowser's house, where the said Frank Bowser's piece left off at, running along the main road to the second ditch beyond his, F. A. Bowser's house, then down said ditch to its end, & on in same direction to my back line, then along back line to the piece I gave Frank Bowser, then along that line & ditch, to the first station.

I give Hardy Bowser one piece of land on the South Side of the main road, beginning at the main road, in the second ditch beyond F. A. Bowser's house, running along the main road to the (dungal?) ditch, then down said ditch to its end, and on in same direction to my back line, then along back line to the piece I give F. A. Bowser, then along that line & ditch to the first station.

I give the remainder of the land I own on the South side of the main road to Ellen Sykes, Mary Holmes & Britanna McClees, each to have it of equal valuation.

I give Susan McClees all of my household & kitchen furniture.

I nominate and appoint F. A. Bowser to be the Executor of this my last Will & Testament, hereby revoking all former wills made by me.

February 15th 1906.

Zion (his x mark) Bowser. (seal)


Signed, sealed & declared as & for his last Will & Testament, by the above named testator, in our presence, who have at his request & in his presence, & in the presence of each other, signed our names as witnesses thereto, this February 15th 1906.

Signed W. E. Bateman (seal)
B. F. Pritchett, Sr. (seal)


Application
F. A. Bowser being duly sworn, doth say:

That Zion Bowser, late of said County is dead having first made and published a last will and Testament, and that F. A. Bowser is the Executor therein named.

Further, that the property of the said Zion Bowser, consisting of Real & personal property, is oath about $500.00, so fare as can be ascertained at the date of this application, and that Hardy Bowser, Frank Bowser, Ellen Sykes, Mate Holmes, Brittie McClees, F. A. Bowser, Alice Pledger, Alethia Cooper, Susie McClees & James Bowser are the parties entitled under said Will to the said property.

Signed F. A. Bowser

Sworn to and subscribed before me, this 19th day of January, 1909.

W. M. Brickhouse,
Clerk Superior Court


Order for probate of Will
State of North Carolina } In the Superior Court
Tyrrell County }
In Re Estate of Before W. M Brickhouse Clerk
Zion Bowser, deceased,} Order for probate of Will

A paper writing purporting to be the last will & Testament of Zion Bowser deceased, is exhibited in open court for probate by F. A. Bowser executor there named: And the due execution thereof by the said Zion Bowser deceased, is duly proven by the oath & examination of W. E. Bateman and B. F. Pritchett Sr., Witnesses thereto: and it is further shown to the satisfaction of the court by said Witnesses that the said Zion Bowser was at the time of making said Will of sound mind & memory of full age to execute a will and under no restraint to their knowledge information or belief:
It is thereupon considered, adjudged and Decreed that said proof is sufficient and according to law, and that said paper writing is and contains the last Will & Testament of Zion Bowser deceased, and on motion it is ordered that said Will be admitted to probate & recorded in the book of Wills of Tyrrell County, and as such filed as provided by law in the office of the clerk of the Superior Court of said county.

It is further ordered, that said F. A. Bowser be allowed to qualify as executor as provided by law and inter upon the Discharge of the duties imposed by said trust.

Dated this the 18th day of Jan. 1909.

W. M. Brickhouse Clerk of Superior Court


Probate of Will
State of North Carolina}
Tyrrell County } SS. In the Superior Court

A paper purporting to be the last Will & testament of Zion Bowser deceased, is exhibited before me the undersigned clerk of the Superior Court for said county. by F. A. Bowser the executor therein mentioned. And the due execution thereof by the said Zion Bowser by the oath & examination of W. E. Bateman & B. F. Pritchette 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 Zion Bowser, in the presence of this deponent subscribed his name at the end of said paper-writing which is now shown as aforesaid and which bears the date of the 15th day of Feby, 1906.

and This Deponent Further Saith. That the said Zion Bowser the testator aforesaid did at the time of subscribing his name as aforesaid declare, the said, paper-writing as subscribed by him & exhibited to be his last Will & 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 same time when the testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Zion Bowser 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.

Signed W. E. Bateman
B. F. Pritchette, Sr.


Severally sworn and
Subscribed, this the 18th day of
January, 1909. before me.

W. M. Brickhouse
Clerk Superior Court


North Carolina} ss. In The Superior Court,
Tyrrell County}

It is therefore considered and adjudged by the Court that the said paper-writing and every part there of is the last Will and Testament of Zion Bowser, deceased. Le the said Will, together with the probate be recorded and filed.
This 18th day of January, 1909.

W. M. Brickhouse
Clerk Superior Court


Oath
State of North Carolina} ss In the Superior Court
Tyrrell County}

I, F. A. Bowser, do swear that I believe this writing to be and contain the last Will and Testament of Zion Bowser, deceased and that I will well and truly execute the same by first paying his debts, and then his legacies, as far as the said Estate shall extend, or the law will charge me, and that I will well and faithfully execute the office of an executor agreeabel to the trust and confidence repsed in me, and according to law. So help me, God.

Signed, F. A. Bowser
Sworn and subscribed before me,
this 19th day of January 19093

W. M. Brickhouse
Clerk Superior Court


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Updated October 24, 2001
Ellen Kroll