Joseph B. Berger (Joseph Ballenberger) will - Wayne County 12 January 1888
Nathan B. Berger (Nathan Ballenberger) will - Wayne County 21 December, 1934 (son of the above Joseph Ballenberger)
Will of Joseph Ballenberger (Joseph B. Berger)
I, Joseph B. Berger being of sound and disposing mind but conscious of the certainty of death, and not knowing how soon I may be called away from earth, do desire now to make this will, disposing of my property real and personal as to [---- s------?] best.
I desire that my funeral expenses shall be paid out of the first money coming to my estate after my death.
I desire that all just debts owed by me shall be paid as soon as possible after my death.
I hereby give to my son David B. Berger eighty acres of my land in Pikeville township, said land to be his during his natural life only, and after David's death the above 80 acres shall go in fee simple to his children.
I hereby give my son Nathan B. the remainder of my Pikeville Township lands, to him during his natural life only, after Nathan's death said land shall go to his children in fee simple.
I hereby give and bequeath to my said sons David B. and Nathan B. Berger my house and lot in Goldsboro in equal shares for the lifetime of each son, and after the death of either one or both of them, the said lot to go to their children respectively, as set forth in Items 3 and 4.
I desire that my son David B. Berger shall pay to my executor to be hereinafter named the sums of $400.00 and my son Nathan B. Berger shall pay $500.00 to be divided as follows:
The above $900.00 to be equally divided between and given to my two daughters Elizabeth Garris wife of M. G. Garris, and Sarah Jane Holland, wife of C. C. Holland.
My insurance of $1,000.00 in Knights of Pythias [?], upon collection shall be used in payment of my debt and after these are paid the residue shall be given to my wife for her lifetime and after her death any of said fund left shall be equally divided among the four children above named.
I desire to give to my said wife a one-fifth interest for her lifetime in all the real estate above conveyed.
I desire that my wife shall keep and use during her life whatever of my personal property (except the insurance money) she may wish to keep, and any part thereof which she does not want, shall be disposed of as my Executor shall think best.
I hereby make [?] and appoint Nathan B. Berger my son executor of this which I now declare to be my last will and testament hereby revoking and declaring void all previous wills by me at any time made.
Signed, sealed, and delivered to be my will in presence of W. T. Gardner and J. A. Washington whom I have asked to witness said declaration and signature on this 27th day of January 1888.
Joseph B. Berger (seal)
Signed by us in presence of each other and of J. B. Berger and at his request as witnesses to the above will January 12/88.
W. T. Gardner
J. A. Washington
Probate of Joseph Ballenberger's will
In re: Probate of will of Joseph B. Berger, dec.
A paper writing bearing date of the 12 day of January, 1888, purposting to be the last will and testament of Joseph B. Berger, deceased, is this day exhibited before the undersigned, for probate, by Nathan B. Berger, the executor ---- is waived: and the due execution thereof by the said Joseph B. Berger is proved by the oath and examination of J. A. Washington, and of the subscribing witness thereto: and the death of W. G. Gardner, the other subscribing witness thereto, is proved by the oath and examination of the handwriting of the said W. T. Gardner, so subscribed as a witness to said paper writing, is proved by the oath and examination of I. T. Dod [?], E. A. Wright and A. J. Bo---: and the handwriting of the said Joseph B. Berger, so subscribed to said paper writing, is proved by the oath and examination of A. Hilb, and John L. Pate.
It is therefore considered and adjudged that the said paper writing, and every part thereof, is the last will and testament of the said Joseph B. Berger; and the same is ordered to be filed and recorded.
And, therefore, the said Nathan B. Berger, executor, as aforesaid, only ----- as such, by taking and subscribing the oath prescribed by law.
This, the 7th day of July 1993.
C.T.[?] Herring [or Henry], CSC
I, Nathan B. Berger, of the aforesaid County and State, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last Will and Testament.
FIRST: It is my will and desire that my body be given a decent burial suitable to the wishes of my friends and relatives, and that all my just debts, including my funeral expenses, shall be paid by my executor out of the first funds coming into his hands belonging to my estate.
SECOND: I will and bequeath all of my personal property of every kind and description to my wife, Georgia Berger, to be hers absolutely.
THIRD: I give and devise to my wife, Georgia Berger, all the real estate of which I die seized and possessed, to be hers absolutely in fee simple.
FOURTH: I hereby constitute and appoint my trusted friend, L. B. Smith of Pikeville, North Carolina, executor of this my last will and testament, to execute the same and every part and clause thereof, -hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. I recommend that my said executor employ my friend and attorney W. A. Dees, of Goldsboro, North Carolina, to aid and advise him in the settlement of my estate.
IN TESTIMONY WHEREOF, I, Nathan B. Berger, have hereunto set my hand and seal, on this the 21 day of December 1934.
N. B. Berger (SEAL)
Signed, sealed, published and declared by Nathan B. Berger, to be his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, do hereby subscribe our names as witnesses thereto.
Ray S. Smith
J. L. Crawford
Probate of Nathan Ballenberger's will
STATE OF )
NORTH CAROLINA ) SS. IN THE SUPERIOR COURT.
A paper purporting to be the last Will and Testament of Nathan B. Berger deceased, is exhibited before me, the undersigned Clerk of the Superior --r said County, by L. B. Smith, Pikeville, N. C., the executor therein mentioned, ---d the due execution thereof by the said Nathan B. Berger is proven by the oath and examination of Ray S. Smith and J. L. Crawford, 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 Nathan B. Berger; that the said Nathan B. Berger, 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 21st day of Dec., 1934.
AND THE DEPONENT FURTHER SAITH, that the said Nathan B. Berger, 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 same time when the said testator subscribed his name to the said Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Nathan B. Berger 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 --y not.
Ray S. Smith
J. L. Crawford
--versally sworn and subscribed, this 18 day of
--n., 1936, before me.
-. R. Aycock
Clerk Superior Court
These wills were donated by Alton Parnell. His contribution is gratefully appreciated.[inc-navbottom.htm]
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