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I, JOEL EVANS of Raleigh, of the County and State aforesaid, being of sound mind and memory, but considering the uncertainty
of my earthly existence, do make an declare this my last will and testament, in manner and form following, that is to say:
First. That my executrix hereinafter named shall provide for my body a decent burial suitable to my station and condition in life at the time of my
death, and suitable to the wishes of my relatives and friends, and pay all funeral expenses together with my just debts, howsoever and whomsoever owing,
out of the moneys that may first come into her hands as a part and parcel of my estate.
I give, devise and bequeath, unto my beloved wife, CELIA REBECCA EVANS, all my property real, personal and mixed of what nature and kinds soever, and
wheresoever the same shall be at the time of my dath; to have and to hold the same, absolute and entire, during her widowhood; but should she marry
again during her lifetime, then in that event, I give, devise and bequeath all of my said property, real and personal, to the heir, or heirs which are
now or which shall be hereafter born to me by my said wife CELIA REBECCA EVANS, should said heir, or heirs be then alive at the time of her said
marriage; and in the event that my said heir, or heirs shall not be alive at the time of said marriage, then in that event, I give, devise and bequeath
all of the aforesaid property, real and personal, to be equally divided between my own relations, which may be nearest of kin by blood at the time of
said marriage. Should, however, my said wife, CELIA REBECCA EVANS, remain single and unmarried during her natural life time; and should the
forementioned heir or heirs be dead, at the time of the death of my said wife, then in that event, I give, devise and bequeath all of my forementioned
property, real and personal, equally, to my relations, and to the relations of my said wife CELIA REBECCA EVANS, which may be nearest of kin by blood,
to be equally divided between said relations. But should my said heir, or heirs be alive at the time of the death of my said wife CELIA REBECCA EVANS,
then in that event, I give devise and bequeath to them, him or her, all of the aforesaid property, real and personal, to be equally divided between them
in the manner prescribed by law. I do nominate, constitute and appoint my said wife sole executrix of this, my last will and testament, to be managed
and controlled by her as she may deem proper during her said widowhood or lifetime; and should she, my said wife, remain single till her death, it is my
desire that before her death she will nominate and appoint a suitable guardian for the heir or heirs aforesaid should they, the said heir, or heirs be
then living, and I hereby revoke and make void all other will or wills at my time heretofore made by me, and do declare this to be my last wil and
testament.
In witness whereof, I the said JOEL EVANS, have hereunto set my hand, this 18th day of July 1881.
JOEL EVANS ("X" his mark)
Signed, declared and published by the above named JOEL EVANS, as and for his last will and testament in the presence of us, who at his request, and in
his presence have subscribed our names as witnesses thereto.
Witnesses
M. B. BARBEE
LUCY A. STRICKLAND
State of North Carolina
Wake County
In the Probate Court
A paper purporting to be the Last Will and Testament of JOEL EVANS deceased, is exhibited before me, the undersigned Judge of Probate for said County,
by CELIA REBECCA EVANS the Executrix therein mentioned and the due execution thereof by the said JOEL EVANS, by the oath and examination of M. B. BARBEE
and LUCY A. STRICKLAND the subscribing witnesses thererto; 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 JOEL EVANS, that the said JOEL 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
July 1881. And the deponent further saith, that the said JOEL 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 thet request and in the presecne of the 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 the deponents subscribing his
name as an attesting witness thereto, as aforesaid, the said JOEL 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.
Severally sworn and subscribed this 8th day of Nov. 1881 before me,
CHAS. D. UPCHURCH
Probate Judge
(signed)
M. B. BARBEE
LUCY A. STRICKLAND
North Carolina
Wake County
In the Probate Court
It is therefore considered and adjudged that the said paper writing and every part thereof of the same is the Last Will and Testament of JOEL EVANS,
deceased.
Let the same be recorded and filed.
Nov. 8, 1881
CHAS D. UPCHURCH, Probate Judge
JOEL EVANS Estate
Wake County
In the Probate Court
In the Matter of the Will of JOEL EVANS Before C. D. UPCHURCH, Judge of Probate
CELIA REBECCA EVANS being sworn, doth say:
That JOEL EVANS, late of said County, is dead having first made and published his last Will and Testament; and that CELIA REBECCA EVANS is the executrix
named therein.
Further, that the property of the said JOEL EVANS consisting of Real Estate & Personal Property is worth about $400.00 so far as can be ascertained at
the date of this application; and that CELIA REBECCA EVANS and JOEL H. EVANS are the parties entitled under said will to the said property.
Sworn to and subscribed before me,
this 8th day of Nov. 1881 CELIA R. EVANS.
CHAS. D. UPCHURCH
Probate Judge
Inventory of the Personal Property of JOEL EVANS, dec'd which has come into the hands of CELIA REBECCA EVANS-his extrx.
Nov. 10, 1881
1 Organ
1 Sideboard
1 Bed
1 Baby crib
1 do - carriage
6 chairs
1 Bureau
1 Washstand
1 Trunk
1 Chest
2 Stoves
1 Clock
2 Cooking pans
1 Boiler
2 Lamps
1 Small box carpenters tools
CELIA REBECCA EVANS
Sworn, Subscribed before me this Nov. 18/'81
CHAS. D. UPCHURCH
CSC
Recorded Book A, Page 149
Note:
On August 7, 1893, JOSEPH TAYLOR Submitted an account as Guardian of JOEL EVANS, minor, covering the period 1889 - 1893. It included for each year, one
year's Board & washing & Clothes, $40.00 each year, totalling $200.00.
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ESTATE OF JOEL EVANS - 1881 Wake County.
Application for Guardianship and Oath
Superior Court, Wake County
In the matter of JOEL EVANS
(Minor Orphans)
To Clerk Superior Court of said County:
The application of JOSEPH TAYLOR respectfully represents that JOEL EVANS is a minor child of JOEL EVANS deceased, and are without a guardian; that the
said minor child are entitled to real and personal estate to the value of Five hundred Dollars according to the best information and belief of your
applicant.
To the end therefore, to the estate of said minor orphans may be preserved and managed according to law, your applicant prays that Letters of
Guardianship may be issued to him or such other person as the Court may think best for the interest of the said minor orphans.
This 12 day of March 1890.
JOSEPH TAYLOR
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$40 - Received of CHAS. D. UPCHURCH, Clerk Superior Court Wake County the sum of Forty Dollars paid into his hands by the City of Raleigh for JOEL EVANS
infant, and my ward as damages for running a street through the lot of said JOEL EVANS.
This March 19, 1890.
JOSEPH TAYLOR, Guardian.
(JOEL EVANS, b. 1827, was the son of ASA H. EVANS & ELIZABETH JENKINS [dau/of NANCY JENKINS] of Wake County.
ELIZABETH, as ELIZABETH EVANS, next married in 1837 to THOMAS COPELAND. ASA was the son of HENRY EVANS &
ELIZABETH HUTCHINS [dau/of MOSES HUTCHINS]; HENRY was the son of GILBERT EVANS & PHEOBE LUMBLEY. Various members of these families were alternately
listed as mulatto, white or black)
See also: Will of Henry Evans-1815
and: Will of Elizabeth Jenkins Copeland- 1877
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