Will of Henry I. Toole

State of N. Carolina                                                          N. H. County N. Carolina

 

I Henry I Toole, Planter, of State and county above written mindfull (sic) of the great uncertainty of life do make and declare my last will and Testament as follows

 

In the event of my death I wish to be buried near my wife at Yaukins (?) Hall.  I wish my executor hereinafter named as soon as convenient to sell all the personal property which I am or may possess also my land in Tennessee (?) and after paying my just debts to invest, with the advice of the Guardian of my children hereinafter named, the residue in the Stock of the Bank of the State of North Carolina.  I wish my Executor in selling my slaves to select humane masters and to separate kindred as little as possible.

 

I give to Josiah Lawrence of Tarboro all the property I own in New Hanover County, N. Carolina in Trust, that he sell the same whenever in his judgment it is most prudent to do so, and pay over the proceeds to the Guardian of my children.

 

I hereby appoint my neighbor and friend Churchill Perkins, Executor of this Will and my kinsman Henry T. Clark of Tarborough, Guardian of my children.  In witness whereof I have herewith set my hand and seal this 25th day of November A.D. 1848.

 

                                                                                                Henry I. Toole    (seal)

 

 

Published and declared in presence of

W. H. Perkins

J.T. Spain

 

State of North Carolina

New Hanover County                                       March Term 1851

 

A paper writing purporting to be the last will and testament of Henry I Toole is ? ? in open court, and duly proven to by the oath of J.T. Spain one of the subscribing witnesses thereto, where upon it is considered and adjudged by the court that the same is the last will and testament of said Henry I Toole, and as such sufficient to convey the property there in bequeathed and is hereby ordered to be recorded and filed.

 

                                                                                                L. H. Maistelles (?) Clerk

                                                                                                By SS. Pierce  (?)

Recorded in Book C page 522