Amanuensis Monday~Last Will and Testament of John B. Dry.

 
Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
 
Today’s subject is the Last Will and Testament of John B. Dry.


Page 267
In the name of God, Amen!. I, John B. Dry of the County of Cabarrus and state of North Carolina being in feeble health but of sound and exposing mind and memory , and considering the uncertainty of my earthly existence do make and declare this to be my last Will and Testament in manner and form following, that is to say.
1^st My will is that my hereinafter Executors shall provide for my body a decent Christian burial suitable to the wishes of my relatives and friends and pay all burial expenses, together with all my just debts, howsoever and to whomsoever owing out of the monies that may first come into their hands as a part or parcel of my estate.
Item 1^st. I give and devise to my oldest son Moses Dry five hundred dollars in cash, to be paid to him by my Executors out of my estate and no more.
Item 2^nd. I give and devise to my daughter Catherine Rheinhardt, wife of Paul Rheinhardt, all that tract of land whereon they now live by her paying to the Executors eight hundred dollars in cash, to have and hold to her and her heirs in fee simple forever.
Item 3^rd. I give and devise to my daughter Lydia Barrier, wife of Ed B. Barrier, all that tract of land containing one hundred and five acres lying on Lick Branch adjoining Absalom Hahn, Jno. Culp and others, to have and to hold to her and her heirs in fee simple forever and six hundred dollars in cash to be paid to her by my Executors out of my Estate.
Item 4^th. I give and devise to my son Paul Dry all that tract of land he now live on known as the Hartsell Tract by him, the said Paul Dry, paying to the Executors of my estate the sum of seven hundred dollars in cash to have and to hold to him and his heirs in fee simple forever.
Item 5^th. I give and devise to my daughter Leah Dry, wife of John Dry, all that tract of land known as the Tobias Furr Tract containing one hundred and twenty acres to have and to hold, to her and her heirs in fee simple forever, and three hundred dollars in cash to be paid to her by my Executors out of my Estate.
Item 6^th. I give and devise to my sons Charles Dry and Jacob W. Dry and my step-son Daniel M. Fisher all that tract of land whereon I now live, containing six hundred acres more or less with the mills included; the land to be equally divided between the three last names legatees, Charles Dry, Jacob W. Dry and Daniel M. Fisher. The land is to be titled off as follows: Charles Dry to have his lot at the North end of the plantation, Jacob W. Dry to have the lot I now live on and Daniel M. Fisher is to have the South lot of the plantation; the mills to be owned in three equal shares by the said Charles Dry, Jacob W. Dry and Daniel M. Fisher by each of the three last legatees Charles Dry, Jacob W. Dry and Daniel M. Fisher paying each five hundred dollars in cash to the Executors of my Estate to have and to hold, to them and their heirs in fee simple forever.
Item 7^th. My will is that all the residue of my estate (if any) after taking out all the devises and legacies above mentioned and shall be sold at public auction on a credit of twelve months and the debts owing to me collected and if there should be any surplus over and above the payments of debts, expenses and legacies such surplus shall be equally divided and paid over to the hereinafter named heirs, Catherine Rhienhardt wife of Paul Rhienhardt, Lydia Barrier, wife of Edm. Barrier, Paul Dry, Leah Dry, wife of John Dry, Charles Dry, Jacob W. Dry and Daniel M. Fisher in equal portions, share and share alike, to them and each and every of them heirs, executors, administrators and assigns absolutely forever.
Lastly, I hereby constitute and appoint my son Paul Dry. Edmund B. Barrier and Paul Rhienhardt my lawful Executors to all intent and purposes to execute this my last Will and testament according to the true intent and purposes of the same and every part thereof, hereby revoking and declaring utterly void all other wills and Testaments by me heretofore made.
I witness whereof I, the said John B. Dry do hereby set my hand and seal this the 9^th day of April 1855.
Signed, sealed and delivered by the}                         John B. Dry {seal}
said John B. Dry 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 thereto.}
N. Lefler
Daniel Barrier
Martin H. Carter

State of North Carolina} Court of Pleas and Quarter Sefsions,
Cabarrus County} October Term 1855
I, Joseph M. Scott, Clerk of the Court of Pleas and Quarter Sefsions for the County of Cabarrus, do hereby certify that at the term aforesaid the execution of the foregoing last Will and testament of John B. Dry was duly proven in open court by N. Lefler, Daniel Barrier and Martin H. Carter the subscribing witnefses thereto upon oath and the same ordered to be recorded and filed.
                                                                            Joseph M. Scott, Clerk
 
John B. Dry is my 1st Cousin 5 times removed.
 
_______________________
[1] Probate Office, Cabarrus County, North Carolina; Will Book #1, pages 267, 268 and 269. Short URL: goo.gl/2HIe3I
[2] "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:939L-JDB3-8?cc=1867501&wc=32LN-L2W%3A169768201%2C170899401 : 21 May 2014), Cabarrus > image 138 of 150; county courthouses, North Carolina.