The Last Will and Testament of Peter Dry, 1850

Peter Dry, b. abt 1787 in Cabarrus County, NC was the son of Johan Martin Dry and Catherine Keppel.

On 11 Jul 1809, Peter married Hetty Elizabeth A. Teter. Peter and Elizabeth would have 5 children; 4 daughters and a son.

Peter Dry wrote his Last Will and Testament on  23 February 1850. I haven’t found an exact death date but, I know from a Court entry that he died before 17 December 1853.

Page 416 Cabarrus County County January Sefsions 1856
Inventory. Amount of Property of Peter Dry sold on the 17th day of December 1853 by James Welliford Adm with the WILL annexed on a credit of Six months with interest from date. Total Amt of Sale   $141.25       
                     Jas. Welliford Adm with Will annexed.


Transcription:

Page 253
In the name of God, I, Peter Dry of the County of Cabarrus and state of North Carolina, in sound and disposing mind and memory but conscious of the uncertainty of life, do make and declare this paper writing to be and contain my last will and Testament, as follows, viz:
Item 1^st. I give my soul to God, who gave it and direct my body to be buried in a decent and Christian like manner.
Item 2^nd. I direct all my just debts and necefsary funeral expenses be paid.
Item 3^rd. As to my worldly effects I will, bequeath and devise as follows: I give to my beloved wife Elizabeth Dry all my property of every kind whatsoever real personal and mixed that may remain after the payment of my just debts, and funeral expenses as aforesaid, to be used and enjoyed by her for the support of herself, and such of my family as may remain with her during her natural life or so long as she may bear my name. And, in the event of her death, I direct my executrix hereinafter named to divide all the residue of said estate among my three children, Martin, Mary and Catherine Dry and my grandchild Franklin Dry, son of my daughter Margaret Speight (formerly Margaret Dry) after deducting off of the share of my said grandson Franklin Dry the sum of one hundred dollars heretofore advanced to his mother. In the event of the marriage of my widow I direct that all of my estate of every kind whatever then on hand, that may remain after the payment of my debts and funeral expenses be equally divided between my said widow, my three children, Martin, Mary and Catherine and my grandson Franklin Dry after deducting off of my said grandson share one hundred dollars as heretofore mentioned.
Item 4^th. For the purpose of paying my debts and funeral expenses, I direct that my executrix be at liberty to sell such of my property as she may deem most suitable
Page 254
for that purpose.
Item 5^th. I desire that my wife shall give to each of my children and grandson, viz: Martin, Mary, Catherine and Franklin Dry on their marrying and settling off to themselves such articles of property as she may deem proper to be accounted for in a final settlement, as hereinafter directed.
Item 6^th. It is my wish and my exprefs instruction that neither my daughter Margaret Speight nor her husband Simon E. Speight or their ifsue shall have any portion of my estate.
Item 7^th. I hereby appoint my beloved wife Executrix of this my last Will and Testament and I direct her that in the event of the death of either of my three children, Martin, Mary and Catherine or my grandson Franklin Dry before marriage or without arriving at full age, the share of the one so dying shall be held by her for the use and benefit of herself and the survivors as before directed.
In testimony whereof I have hereunto set my hand and affixed my seal this the 23^rd day of February 1850. In the presence of us
                                                                     Peter Dry {seal}
Rufus Barringer
R. M. Foard

State of North Carolina, Court of Peas and Quarter Sessions
Cabarrus County} January Term 1855

I, J. W. Scott, Clerk of the Court of Pleas and Quarter Sefsions for the County of Cabarrus, do hereby certify that the execution of the foregoing last Will and Testament of Peter Dry deceased was duly proven in open court by Rufus Barringer and R. N. Foard, the subscribing witnefses thereto upon oath, whereupon it was ordered to be recorded and filed.
J. M. Scott, Clerk

Peter Dry is my 3rd Great Grand Uncle. 


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[1] WILL BOOK 1, Page 253 & 254; "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19422-24827-27?cc=1867501 : accessed 26 December 2015), Cabarrus > Wills, 1842-1856, Vol. 01 > image 131 of 150; county courthouses, North Carolina.