Will of Mary Sellers, Probated 1875

The below posted will is the will of Mary E. Gulledge wife of Phillip Sellers, Jr. and the daughter of the Rev. Joel Gulledge. Philip, her husband, died before 1850 and no Will has been found for him. As indicated in the Will, Philip and Mary had 3 sons and a daughter. The Will was written in 1854 and there is no indication that the Will was updated before her death. Some records indicate that her son Elijah died in the Civil War. 

MARY SELLERS WILL¹
 


In the name of God, Amen. I, Mary Sellers of the county of Anson and state of North Carolina being of sound mind and memory and considering the uncertainly of this frail and transitory life, do therefore make and ordain, publish and declare this to be my last will and Testament that is to say:
First, after all my lawful debts are paid and discharged, the tract of land where I am now living containing two hundred and Sixty-eight acres, lying on the South side of the middle prong of Jones Creek, adjoining the lands of Robert Huntley and others, to be equally divided at my decease between my three Sons, viz: Phillip, Elijah and Joel Sellers, after the land shall have been divided, Phillip to have the first choice in lots, Elijah the second and Joel the third, the remainder of my property to be equally divided between Phillip, Elijah, Joel and Martha Sellers.
In witnefs whereof I have hereunto subscribed my name and affixed my Seal, the twenty-third day of November in the year of our Lord One Thousand Eight hundred and fifty-four.
William D. Webb (signed)                      Mary ( her X mark) Sellers
William Webb

State of North Carolina}
Anson County} In the Probate Court October 5^th 1875
Then a paper purporting to be the the Last Will and Testament of Mary Sellers, late of said County, is propounded for Probate before me, and the due examination thereof is proven by the affidavits of W. D. Webb, and William Webb the subscribing witnesses thereto, who being duly sworn say each for himself, that the said proper writing was signed in their presence, by the said Mary Sellers and that she declared the same to be her Last Will and Testament, that they signed said instrument of writing as witnefses, in the presence of the said Mary Sellers, at her request, and in the presence of each other, and that at the time of the signing, publishing and attestation thereof, the said Mary Sellers was of sound mind and disposing memory. 
 
Therefore let the said paper writing be recorded as the Last Will and Testament, of the said Mary Sellers.
John C. McLanchlin
Judge of Probate


Mary E. Gulledge Sellers was the wife of Phillip Sellers, Jr., my 3rd Great Grand Uncle.



 
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[1] Anson County Deed Book "D". page 42 & 43
"North Carolina, Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19432-12107-75?cc=1867501&wc=MDRC-TM9:169763901,169851601 : accessed 21 Aug 2014), Anson > Wills, 1868-1905, Vol. D > image 43 of 361.