North Carolina,
Wayne County:

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.

Item 1.
I desire that my funeral expenses shall be paid out of the first money coming to my estate after my death.

Item 2.
I desire that all just debts owed by me shall be paid as soon as possible after my death.

Item 3.
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.

Item 4.
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.

Item 5.
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.

Item 6.
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:

Item 7.
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.

Item 8.
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.

Item 9.
I desire to give to my said wife a one-fifth interest for her lifetime in all the real estate above conveyed.

Item 10.
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.

Item 11.
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 1893.

C. F. Herring, CSC

Alton Parnell's contribution of this will and probate is gratefully appreciated.

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Published 10 July 1996  -  This page published 27 July 2000.  Last updated 05 Mar 2013.
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