Will of Enoch Evans-1874

Will of Enoch Evans -1874
Wake County, North Carolina

This was ENOCH EVANS, b. 1788, often called Senior, who has been listed by everyone as the son of Morris Evans, but my research has shown me that he was actually the son of Gilbert Evans & Phoebe Lumley because of all of the deeds tying them together as well as the fact that his will refers to Margaret Evans as his niece; Margaret was the daughter of William Kennon Evans, sometimes called William C. Evans, who has already been established as a son of Gilbert through various records. There were 2 ENOCH EVANS in Wake Co. at the same time, the other one was born abt 1800, and they lived only a few houses away from one another.

Wake County, North Carolina
Record Book 35, Pages 274-275

Last Will and Testament of Enoch Evans, Deceased

I, ENOCH EVANS, Seign, of the County of Wake and State of North Carolina being of sound mind and memory, but 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 hereinafter 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 money that may first come into his hands as a part or parcel of my estate.
Item 1st. I give and devise to my beloved wife the tract of land known as the STANLY tract, one cow and calf, and one bed and furniture to dispose of as she pleases at her death.
Item 2. I give and devise to my beloved wife all of my household and kitchen furniture her lifetime, and at her death it shall be divided between my sons JOHN N. EVANS and A. F. EVANS.
Item 3. I give and devise to my beloved niece MARGARET EVANS one bed and furniture.
Item 4. I give and devise to NANCY SHAMLEY one heifer yearling, and one bed and furniture, the bed at my wife death.

Item 5. I give and devise to my two beloved sons, JOHN N. EVANS all of my home tract of land that lies on the East-side of the Fayetteville Road, and A. F. EVANS, all on the west side of the Road, the house and lot shall not be included until my wife’s death.
Item 6th. I give and devise to RUFUS MAYTON SARAH MAYTON and BURLINE MAYTON, all of that tract of land known as the tract on Briar Creek to be divided equally between them, and twenty five dollars to each one of them out of my money on hand or others money of my estate that comes in my Executors hands.
Item 7. I give and devise to JOHN N. EVANS and A. F. EVANS all of my shop tools, to be divided equally between them.
Item 8. My will and desire is that JOHN N. EVANS and A. F. EVANS shall give enough of the grain that they make off of the cleared land that they get to support my wife every year after the first year of my death.
Item 9. My will and desire is that my Executor shall sell at Public Auction all of my stock of all kinds named horses, hogs, cows, sheep and farming utensils, not provided for otherwise in my Will and all of the provisions on hand except enough to support my wife one year, and lastly I do hereby constitute and appoint my trusty friend S. D. HALL and lawful Executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof I the said ENOCH EVANS Seign, do hereunto set my hand and seal this 18th day of March A.D. 1872.
ENOCH EVANS

Signed, Sealed, published
And declared by the said
ENOCH EVANS Seign, 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 thereunto
JNO. N. CHEEK
JNO. W. EVANS

Probate:
State of North Carolina
Wake County
In Probate Court

A paper purporting to be the last will and testament of ENOCH EVANS deceased, is Exhibited before me, the undersigned Judge of Probate for said County by S. D. HALL the executor therein named, and the due execution thereof by the said ENOCH EVANS. By the oath and examination of JNO. N. CHEEK and JNO W. EVANS the subscribing witnesses thereto, who being sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown herein purporting to be the last will and Testament of ENOCH EVANS, that the said ENOCH EVANS, 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 date of the 18th day of March 1872. And the deponent further saith that the said ENOCH EVANS the testator aforesaid, did at the time of subscribing his name as aforesaid declare 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 and aforesaid, the said ENOCH EVANS 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.
JNO. N. CHEEK
JNO. W. EVANS

Severally sworn and
Subscribed this 11th day
of November 1874 before
Me
J. W. BUNTING, Probate Judge

Estate of Enoch Evans, Sr.

Wake County, North Carolina
Book 42, Page 90
S. D. HALL, Exr. To FRANKLIN FULLER & KITTY MASON
Deed

Wake County, State of North Carolina
This deed made by SOLOMON D. HALL as Executor of the last will and Testament of ENOCH EVANS dec’d to FRANKLIN FULLER & KITTY MASON all of said State & County Witnesseth that whereas the said ENOCH EVANS on the 1st day of October 1874 by his writing obligatory signed by his hand & sealed with his seal and now Registered in Boo No. 42 at Page 17 in the Registers office for said County & dated said year and day covenanted in consideration of three Hundred & Fifty Dollars to convey the land hereinafter described to said FRANKLIN FULLER & BRINKLY MASON upon payment of the whole of said purchase money of which one hundred and Seventy five Dollars was paid to said E. EVANS in cash, and the Residue was to be paid on the 1st day of October 1875 & whereas the said B. MASON is dead and the said KITTY MASON as widow and heir at law of said B. MASON, and the said F. FULLER have paid the said Residue of said purchase money, since the death of said E. EVANS to the said HALL as his Executor. Now in consideration thereof the said HALL Executor as aforesaid hereby bargains and sells and convey to said FRANKLIN FULLER & KITTY MASON and their respective heirs as tenants in common, that certain parcel or tract of Land, situated in said County adjoining the lands of MURRAY SMITH, W. J. EVANS, PEYTON MORING, THOMAS BRAME & others & containing by estimation one hundred acres to have & hold said land to them said FRANKLIN FULLER & KITTY MASON and their heirs and assigns, Respectively , in as full and accessible manner as said S. D. HALL Executor as aforesaid is authorized and enforced as aforesaid is authorized & empowered to convey the same.
In witness whereof the said S. D. HALL Executor as aforesaid hath hereunto set his hand & seal this 27th day of October 1875.

S. D. HALL, Executor
of ENOCH EVANS

Witness
W. G. FERRELL

North Carolina, Wake County
Probate Court

The Execution of the foregoing deed was this day duly acknowledged before me J. N. BUNTING, Probate Judge by S. D. HALL Executor for the purpose therein at forth Let the same with this certificate be Registered Nov. 9th 1875.

J. .N BUNTING
Probate Judge

Registered in the Registers office of Wake County in Book No. 42 and page 90 Nov. 10th 1875.
W. W. WHITE
Register of Deeds