First- That my exers. herein after named shall pay all my just debts & funeral expences out of the monies that may first come into their hands as a part or parcel of my estate-
Item- I give and devise unto Jeremiah Wynne son of my late brother Tully Wynne all of the plantation whereon I now live lying on the West side of the main road, and that portion of the tract of land on which I now live which lies on the east side of the main road I give & bequeath to Thomas Wynne son of my late brother Tully Wynne to them and their heirs in fee simple forever.
Item- I give and devise to Thomas Wynne son of Tully Wynne one negro boy Jack to him & his heirs forever-
Item- I give and devise to Jeremiah Wynne son of Tully Wynne one negro boy named Charles to him & his heirs forever-
Item- I give and devise unto Winifred Ann Bowin wife of Mounterville Bowin one negro girl Rachel one negro boy named Cooper and one negro boy named Bob and one negro woman named Mariah to her and her heirs forever-
Item- I give and devise to Ann Eliza Wynne one negro boy named Ming one negro woman Annis to her & her heirs forever-
Item- I give and devise to Sarah Wynne daughter of the late Tully Wynne one negro boy named Austin and one negro man Darb to her and her heirs forever-
Item- I give and devise to my sister Polly Garrett one negro boy named Bill to her & her heirs forever-
Item- I give & devise to Wm. W. Alexander a tract of land containing one hundred & fifty acres more or less adjoining the lands of J. L. Hassell & others to him & his heirs in fee simple forever.
Item- I give & devise to Mary Alexander wife of Thomas H. Alexander negro woman Phebe and child Eliza to her & her heirs forever-
Item- I give and devise to Thomas H. Alexander my gray mule to him & his heirs forever-
Item- I give & devise to Joseph H. Wynne my gold watch to him and his heirs forever-
Item- I give & devise to Joseph Simmons one hundred & fifty dollars to buy him a gold watch-
Item- My will and desire is that all my perishable property not bequeathed be sold by my exrs. and the moneys arising from said sale to be equally divided between Sarah Wynne daughter of the late Tully Wynne & Sarah Alexander daughter of Thos. H. Alexander to them & there heirs forever-
Item- My will and desire is that all the residue of my property of whatsoever kind go to and be divided among my heirs at law- and lastly- I do hereby constitute & appoint my friends Jesse R. Stubbs, Mounterville Bowin & Jos. Halsey my lawful exers. to all intents & purposes to execute this my last Will & Testament & to execute this my last Will & Testament according to the intent and meaning of the the same & every part & clause thereof- In Witness whereof I the said William Wynne do hereunto set my hand & seal this 22nd day of Oct A. D. 1849. Signed sealed published & declaired by the said William Wynne to be his las Will & Testament in presence of us who at his request & in his presence do subscribe our names as Witnesses thereto.
William Wynne (Seal)
J. F. Davenport
B. F. (his x mark) Swain
State of N. Carolina
Tyrrel County
Court of Pleas & Quarter
sessions
July Term 1850
The foregoeing paper writing purporting to be the last Will and Testament of William Wynne decd. was exhibited in open court by Joseph Halsey, Jesse R. Stubbs and M. Bowen the executors therein named & propounded for probate & James F. Davenport & B. F. Swain the subscribing Witnesses thereto being duly sworn in open court having deposed that the said paper writing was executed by William in their presence and that at the time he executed it he was of sound & dispoisng mind & memory that they subscribed the same as Witnesses at his instance & request & in his presence & within his view and that the sd. William died shortly thereafter- the court doth consider adjudge & decree that the said paper writing is the last Will & Testament of the said William Wynne and that it is executed with all the formalities to pass real & personal estate- whereupon the said Jos. Halsey & Jesse R. Stubbs qualified themselves as executors thereto inopen court & too the prescribed oath it is orderd by the court that the said paper writing be recorded by the clerk of the county court.
Jos. Alexander Clk.
Recorded 9 August 1850
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.58), Box 58
Wynne, William, 1849
Bond dated 26 Apr 1850 in the amount of $1,000 wherein Mary Garret, S. S. Simmons, Isaac Casey & Jos. Alexander bind themselves to prosecute the appeal of a case in Superior Court which they lost in the Court of Pleas & Quarter Sessions to Jos. Halsey, M. Bowen, J. R. Stubbs and the other proponents of the alleged will.
April Term 1850.
The propounders of the alleged will of Wm. Wynne
vs.
Wynne's heirs
S. S. Simmons maketh oath that Dr. Hardy Hardison is a material witness for him without whose testimony he is advised and
believes he can't safely try. By him he expects to prove that he was attending physician on said Wynne and that he visited him
shortly after the time of the alleged execution of the said paper writing and on the same night. He considered him entirely incapable of
making a valid will of his property. He also saw him two hours before the execution of the alleged will. He requests a delay of trial
due to Dr. Hardison not being available to testify and in the interest of a fair trial.
Summons dated 28 Apr 1851 for Jos. Halsey, J. R. Stubbs & M. Bowen, executors of Wm. Wynne deceased, to be in court on the 4th Monday in April next to answer unto S. S. Simmons in a plea of trespass on the case to his damage $150.
There are many documents in this file and they deal with the contest over the will of William Wynne and recovery of debts due to or from the estate. There are no documents concerning heirs, land or negros.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Tully Wynne to Nancy Hoskins on 7 Mar 1825, Jos. Halsey security; also Monterviell Bowen to Winifred Wynn on 24 Aug 1849, Jos. Halsey security; Also Abram Hassell to Nancy Wynne on 27 Aug 1842, Jacob Swain security; also Robt. S. Halsey to Sarah Alexander on 10 Oct 1850; also S. S. Simmons to Lidya Garrett on 5 Dec 1836, William Wynne security.
The 1850 Census of Tyrrell County shows the household of Thomas H. Alexander (40), Mary A. Alexander (41), Sarah E. Alexander (15), William W. Alexander (14), Ann H. Alexander (13), Susan W. B. Alexander (10), Mary R. Alexander (6), Ellen D. Alexander (4) and Caroline D. Alexander (8 mo).
The 1850 Census of Washington County shows the household of Mary Garrett (75), Harriet Parmele (46), Eveline Phelps (44), Caroline Todd (24) and Jere. Wynn (14).
The 1850 Census of Tyrrell County shows the household of S. S. Simmons (36), Lydia Simmons (50), Joseph Simmons (10), Wilson Perry (24), Fruzey Perry (19), Samuel Perry (1 mo), Martha Chesson (18) and Charles Norman (15).
The 1850 Census of Tyrrell County shows the household of Abram Hassell (35), Nancy Hassell (41), Victoria Hassell (6), britain Hassell (4), William A. Hassell (6 mo) and Sarah Wynne (1). (Nancy Wynne, widow of Tully Wynne, remarried to Abram Hassell.)
See also the 1840 estate papers of Tully Wynne.
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to Tyrrell Co Wills Introduction