North Carolina Research : Genealogy and Local History / Helen F. M.
Leary, ed. Raleigh : North Carolina Genealogical Society, 1996
Notes from book.
WILLS AND ESTATES IN NORTH CAROLINA
Content of attested wills normally consist of these 10 parts:
1. The Testators Name appears at the beginning. Only about one
propertied person in three made a will.
2. Place of residence.
3. Physical and mental condition.
4. Debts owed by testator were directed to be paid.
5. Property provisions constituted the bulk of the will. Property
dispositions are called gifts, bequests, or legacies when personal
property is concerned and devises when real estate is involved.
Recipients of personal property are legatees, while recipients of real
property are devisees.
Spouse was usually named and children were often named in order of
birth. Early testators often named sons first followed by daughters. In
the individual devises, however, the first son mentioned was often the
youngest rather than the oldest.
Property might consist of money, goods, or land
6. The residue of the estate, being the property not specifically
mentioned in the will.
7. The executor was nominated by the testator. Usually close friends,
relatives, or trusted neighbors.
8. The date the will was signed and/or witnessed usually appears near
the end, which is usually not the date of death.
9. The testators signature or mark with the seal in wax or Seal or
Locus Sigilli (L.S.)
10. The witnesss signatures or marks appear at the foot of the will.
From earliest days of the colonys existence until 1760, the chief
depository for original wills was the office of the secretary of state.
After 1760, wills forwarded to the secretary were those proved before
the governor in his capacity as Ordinary of the Colony.
From about 1700 to about 1768, clerks in the secretarys office
transcribed the original wills into volumes. Consequently, many wills
exist in two forms at the colony level.
Notes from book.
North Carolina Research : Genealogy and Local History / Helen F. M.
Leary, ed. Raleigh : North Carolina Genealogical Society, 1996