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Vance County Wills, Part 5 |
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Last Will and Testament of A. F. CHEATHAM- 1887 |
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| In the name of God Amen: I ASENATH F. CHEATHAM of the town of Henderson in the County of Vance and State of North Carolina being of sound mind and memory, but of declining health, and considering the uncertainty of my earthly existence do make and declare this my last will and testament, hereby revoking and declaring null and void all other wills heretofore made by me. Item 1st. It is my desire to pay off and discharge all my honest debts of every description, and also to provide for the maintenance and education of my children. Believing that these purposes can be attained best by leaving my entire estate in the hands of a Trustee vested with full power so to act as in his discretion may seem best to accomplish these ends, and having full confidence in the business management and parental affection of my beloved husband WILLIAM A. CHEATHAM, I do nominate and appoint him my Trustee to take charge of my Estate after my death and that he and his successor of the trust may the more effectually carry out my will and intention and more fully perform the duties herein on him imposed. I do hereby give bequeath and devise to him the said WILLIAM A. CHEATHAM and his heirs and to his successors of this trust and their heirs all my Estate of every description. Item II. I do hereby authorize and empower my said Trustee or his successor, whenever the emergency may demand it, or if in his discretion the best interests of the Estate may require that property should be sold in order to pay debts in either event he may sell so much and no more of any property herein conveyed as may be necessary to satisfy the demand or debt then pressing. Such sale shall be made at public auction after thirty days advertisement at two or more public places in the County where the sale iss take place, and he the said Trustee shall execute and deliver to the purchaser a full and complete and in fee of the property so sold. Item III. If my beloved husband W. A. CHEATHAM should die before my youngest child becomes twenty one years of age, it is my wish and desire that his brother J. THEODORE CHEATHAM should take the trust and if he does not accept it, then I ask the Court to appoint some suitable person. Item IV. If after all my debts are paid there shall be any estate remaining in the hands of the Trustee, it is my will and desire that the estate so remaining, together with the increase in the hands of the Trustee, shall be equally divided between my children, the representatives of any deceased child standing in place of their parent and taking his or her share and each child or share to account according to the laws of North Carolina for its advancement which my Trustee may make from time to time at his discretion. Item V. This final division of the estate shall not take place during the life of my husband WILLIAM A. CHEATHAM, nor after his death, until my youngest child shall be twenty one years old, and no child's interest shall be a "vested interest" until the time for distribution. Item VI. It is my will and desire thaat my beloved husband WILLIAM A. CHEATHAM shall have from out of the rents and profits of the Estate an annual income not to exceed two hundred and fifty dollars for his maintenance and support. Item VII. I do hereby appoint my beloved husband WILLIAM A. CHEATHAM Executor to this my last will and testament and request that he act as Guardian for the children until the youngest child becomes of age. And I do further request that he may not be required to give bond for the performance of his duties either as Executor or Guardian. In testimony whereof I ASENATH F. CHEATHAM do hereunto set my hand and seal this the 22nd of May 1886. A. F. CHEATHAM Signed sealed published and declared by the said ASENATH F. CHEATHAM to be her last Will and Testament in the presence of us and in her presence do subscribe our names as witnesses thereto. W. H. CHEEK GEO. HOUTALING [sic] North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of A. F. CHEATHAM Order for Probate of Will A paper writing purporting to be the last Will and Testament of A. F. CHEATHAM dec'd is exhibited in open court for Probate by WM. A. CHEATHAM, Executor therein named, and the due execution thereof by the said A. F. CHEATHAM, dec'd, is duly proven by the oath and examination of W. H. CHEEK and GEO. HOUGHTALING subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said A. F. CHEATHAM was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of A. F. CHEATHAM dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that said W. A. CHEATHAM be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 29th day of March 1887. J. R. YOUNG Clerk Superior Court |
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Will of LUCY E. FOSTER- 1884 |
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I declare this to be my lat will and testament, to wit; Item 1st. I give to my sister LOUISA J. BLACKNALL wife of THOMAS J. BLACKNALL should she be alive at the time of my death all of my land lying across the road from the dwelling house at Locust Grove and it is my desire that the land be not sold but rented and the rent applied to her personal comfort and enjoyment. Should she not be alive at the time of my death I give the said land to my dear little niece AUGUSTA C. BLACKNALL and it is my wish that it be not sold but rented and the rent applied to her education. Item 2d. I give to my niece AUGUSTA C. BLACKNALL one hundred acres of land in Franklin County bought at Public auction from the ALBERT W. PINNELL Estate said land to be used in the same way as the before mentioned tract. Item 3d. I give to my niece LUCY C. COOKE on hundred acres of land adjoining the above mentioned one hundred acres given AUGUSTA C. BLACKNALL and bought from the same Estate. Item 4. I wish the parcel or piece of land containing one acre more or less bought from the School Committee of Hayesville Township to be included in the tract of land lying across the road from the dwelling house at Locust Grove and disposed of in the same way. Item 5th. I wish my sisters Virginia H. COOKE and LOUISA J. BLACKNALL to have the rents of all the Locust Grove tract of land and the PINNELL tract for the year during which my death may occur. Item 6th. I give to my sister LOUISA J. BLACKNALL my carriage. Item 7th. I give to my niece LUCY V. BLACKNALL my piano. Item 8th. I give to my niece MARY E. FOSTER daughter of P. S. FOSTER 1 set of silver tablespoons with beading around the handles. Item 9th. I give to my niece MARY E. FOSTER wife of E. S. FOSTER one bed two pairs of sheets, 2 pairs of pillow cases, 1 white counterpane and 2 new calico bed quilts. Item 10th. I give to my niece VIRGINIA L. COOKE my sewing machine. Item 11th. I give to my niece BETTIE F. BLACKNALL my workstand. Item 12th. I give to my niece MARY E. FOSTER daughter of P. S. FOSTER my whatnot. Item 13th. I give my niece LOULIE H. BLACKNALL 2 pickle forks and a butter knife. Item 14th. I give to MARY E. FOSTER wife of P. S. FOSTER a silver ladle, the same having been my grandfather's. Item 15th. I give to my brother PETER S. FOSTER my wine case. Item 16th. I give to my sister LOUISA J. BLACKNALL should she be living at the time of my death my breast pin containing picture which I wish her to wear and prize for my sake, and at her death give it to her daughter AUGUSTA C. BLACKNALL. Should my sister not be alive at the time of my death I give it to my niece AUGUSTA C. BLACKNALL with all my other jewelry including watch and chain. Item 17th. I give to my niece AUGUSTA C. BLACKNALL whatever money I may have in bank or elsewhere and whatever property of any kind I may thereafter acquire. Should her mother be living at the time of my death I wish her to have entire control of all property given to AUGUSTA C. BLACKNALL. Should she not be living I wish BETTIE F. BLACKNALL to take charge of it and after her education is completed I wish it placed in her hands and managed by herself. I appoint my sister LOUISA J. BLACKNALL sole Executrix of this my will. LUCY E. FOSTER Aug 25 1880 Witnesses J. J. STONE C. T. MOSS ("X" her mark) JOSHUA D. FULLER North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of LUCY E. FOSTER, dec'd Order for Probate of Will A paper writing purporting to be the last Will and Testament of LUCY E. FOSTER dec'd is exhibited in open court for Probate by BETTIE F. BLACKNALL Executor therein named, and the due execution thereof by the said LUCY E. FOSTER, dec'd, is duly proven by the oath and examination of J. J. STONE and C. T. MOSS subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said LUCY E. FOSTER was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of LUCY E. FOSTER dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that said B. F. BLACKNALL be allowed to qualify as Executrix as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 19 day of Sept 1884. J. R. YOUNG Clerk Superior Court |
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Last Will and Testament of WILLIAM FOX- 1886 |
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| North Carolina Vance County In the name of God, Amen: I, WILLIAM FOX of the County of Vance State of North Carolina being at this time weak as to health but of sound mind and disposing memory, and considering the uncertainty of life and the certainty of death do make declare and publish this to be my last will and testament in manner and form following that is to say: 1. I desire my Executrix hereinafter named to provide for my body decent burial suitable to the wishes of my relatives and friends and to pay out of the money first coming into her hands my funeral expenses and all my just debts to whomsoever due and owing. 2. I give and bequeath to my beloved wife EMMA FOX for the term of her natural life the tract of land wherein I now reside live known as the "Mill tract" with mill thereon to have and to hold the same for the terms of her natural life and at her death I give and bequeath the said tract of land to my beloved children WILLIAM S. FOX, IDA E. FOX, LETTIE S. FOX, JOHN B. FOX, SAM'L G. & CARRIE LE FOX to them and their heirs and assigns in fee simple forever to be equally divided among them. 3. I give and bequeath to my beloved wife EMMA FOX the sum of Three thousand dollars to be paid her in money by my Executrix out of the moneys belonging to my Estate. 4. I give devise and bequeath unto my beloved children WILLIAM S. FOX, IDA E. FOX, LETTIE S. FOX, JOHN B. FOX, SAM'L G. FOX, CARRIE LEE FOX, all the rest and residue of my property real and personal wheresoever the same may be at the time of my death, to have and to hold the same to them my said children and their heirs and resigns in fee simple. 5. And I do hereby nominate and appoint my beloved wife EMMA FOX my sole Executrix of this my last will and testament without bond to execute the same in manner and form as set forth according to the true intent and purpose thereof and every part of the same hereby revoking and declaring utterly void all other will or wills heretofore by me made. 6. It is my will and desire that my wife shall act as Guardian of my children. In witness whereof I the said WILLIAM FOX do hereto set my hand & seal this 16th day of October 1886. W. FOX Signed sealed and published to be the last Will and testament of WILLIAM FOX in our presence who at his request and in his presence do set our hands as Witnesses thereof. This 16th Oct 1886 WM. BUCHAN J. H. TUCKER S. H. ALLEN (This will was duly proven before J. R. YOUNG, Clerk of Superior Court, Vance County, North Carolina, upon the oaths of WILLIAM BUCHAN and S. H. ALLEN; and EMMA FOX then qualified as Executrix, on October 25, 1886.) |
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Last Will and Testament of WILLIAM O. FOX- 1888 |
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| North Carolina Vance County I WILLIAM O. FOX of the County of Vance and State of North Carolina, being in feeble health but of sound mind and memory do publish and declare this to be my last will and testament in manner and form as follows; First. I desire my body to be buried in a respectable manner, and in a respectable place to be selected by my Executor hereinafter named. Second. I desire all of my indebtedness to be paid including my burial and funeral expenses by my Executor. Third. I give devise and bequeath my Estate real, and personal, with any and all monies, notes, accounts and evidences of debts due me, to my son ALBERT E. FOX with whom I now live, and to him I give, devise and bequeath all property either real or personal, which may accrue to me, or to which I may become lawfully entitled in England or in this Country. And lastly I nominate and appoint my son ALBERT E. FOX to carry out the provisions of this my last will and testament, and my Executor without bond, to dispose of any and all property by lawful sale and to apply the proceeds of the same as is above directed. In witness whereof I have signed and sealed and published and declared this instrument of writing as my last Will at my place of residence near Henderson, NC. W. O. FOX The said W. O. FOX at his place of residence near Henderson, NC on the 26th day of April 1887 signed and sealed this instrument, and published and declared the same as his last will and testament, and we at his request and in his presence and in the presence of each other have hereunto written our names as subscribing witnesses. W. W. YOUNG G. W. COLLINS M. HAWKINS North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of W. O. FOX, deceased Order for Probate of Will A paper writing purporting to be the last Will and Testament of W. O. FOX, dec'd is exhibited in open court for Probate by ALBERT E. FOX, Executor therein named, and the due execution thereof by the said W. O. FOX, dec'd, is duly proven by the oath and examination of M. HAWKINS and W. W. YOUNG subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said W. O. FOX was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of W. O. FOX dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that the said ALBERT E. FOX be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 14th day of January 1888. JAMES R. YOUNG Clerk of Superior Court |
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Last Will and Testament of MARY A. HESTER- 1885 |
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| North Carolina Vance County In the name of God, Amen: I, MARY A. HESTER of Granville County State of North Carolina being of sound mind and disposing memory, but 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; First. I desire that my Executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends and that he shall pay all funeral expenses together with all my just debts howsoever and to whomsoever due and owing out of the moneys that may firs come into his hands as a part or parcel of my estate. Second. I give and bequeath to my beloved daughter FRANCES C. PERRY the sum of two thousand dollars. Third. I give and bequeath to my grand daughter BENNETTE HESTER GREGORY the sum of one hundred dollars to be invested in a gold watch for her. Fourth. I give and bequeath to my grandson BENNETTE HESTER PERRY the watch and chain which formerly belonged to BENNETTE HESTER. Fifth. After paying off the above legacies and bequests I give and devise all the remainder of my property real and personal to my beloved daughters ISABELLA H. GREGORY and FRANCES C. PERRY and their heirs and assigns in fee simple to be equally divided between them. Lastly. I as hereby constitute and appoint my son-in-law REDDING PERRY my lawful executor to all intents and purposes, to execute this my last Will and Testament according the true intents and meaning of the sum and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In testimony whereof I MARY A. HESTER do hereunto set my hand and seal this 3rd day of January 1885. MARY A. HESTER Signed sealed published and declared by the said MARY A. HESTER to be her last Will and Testament in the presence of us who at her request and in her presence do subscribe our names as witnesses thereto. JUNIUS P. HUNT FRANK WOOD (No Probate included) |
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Last Will and Testament of WILLIAM M.
HIGHT- 1887 |
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| North Carolina Vance County In the name of God, Amen: I WILLIAM M. HIGHT a resident of the said County and State being of sound and disposing mind and understanding, but mindful of the uncertainty of my earthly existence do make, declare and publish this my last Will and testament, hereby revoking all wills and testaments heretofore by me made. First. I desire and direct my Executors hereinafter named to pay all the expenses of my funeral, and also all just debts by me owing if any, out of any personal estate I may die possessed of. Second. I devise to my beloved wife PAMELIA HIGHT for and during the period of her naturual life all the real Estate and personal property of which I may die seized, and my desire is that she shall use enough to give her a good support. After the death of the said PAMELIA HIGHT my will is that the said real estate be sold, and my personal property be converted into money and the money raised by the sale of said real estate and personal property be disposed of as follows, Third. I devise and give first to OVEDA M. PARDUE one hundred and fifty dollars. Fourth. I devise and give one fourth of the remainder to be equally divided between the children of HARBIRD HIGHT my brother Fifth. I devise and give the second fourth 1/4 to be equally divided between the children of my brother RICHARD HIGHT. Sixth. I devise and give the remaining one half to be equally divided between the following persons to wit JAMES S. GILL, AMY PARDUE, ROBT. J. GILL, EMILY E.M. FULLER, ROBT. F. GILL, JOSEPH S. GILL, PAMELIA J. ALLEN, JAMES A. GILL, DAVID H. GILL, HENRY M. E. ROWLAND one share and leaving MARTHA A. BRUMMITT one share. Lastly. I hereby nominate and appoint my beloved wife and R. F. GILL to be the Executors of this my last will and testament. WILLIAM M. HIGHT Signed sealed and declared and published by the said WILLIAM M. HIGHT to be his last Will and Testament in the presence of us who at his request and in his presence subscribe our names as Witnesses thereto. This the 30th day of December 1883 JAMES T. BLAND M. D. EDWARDS Z. T. GARRETT North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of WILLIAM M. HIGHT, deceased Order for Probate of Will A paper writing purporting to be the last Will and Testament of WILLIAM M. HIGHT, dec'd is exhibited in open court for Probate by R. F. GILL, Executor therein named, and the due execution thereof by the said WILLIAM M. HIGHT, dec'd, is duly proven by the oath and examination of M. D. EDWARDS and Z. T. GARRETT subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said WILLIAM M. HIGHT was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of WILLIAM M. HIGHT dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that said R. F. GILL be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 21st day of July 1887. J. R. YOUNG Clerk Superior Court |
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Last Will and Testament of GEORGENIA AUGUSTA
MONTGOMERY- 1887 |
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| Know all men by these presents that
I GEORGENIA AUGUSTA MONTGOMERY of the County of Warren in the State
of North Carolina being of sound mind and memory do make publish and
declare this my last will and testament hereby revoking all former
Wills and Testaments or writings in the nature thereof by me
heretofore at any time made. And as to my worldly estate and all the property real and personal or mixed of which I shall die seized or possessed or to which I shall be entitled at the time of my death, I devise, bequeath and dispose thereof in the manner following to wit: First. I give and bequeath to my daughter HARRIETT, wife of JAMES HINES of Carberry, Manitoba the sum of three hundred dollars ($300.00) Item. I give and bequeath to my daughter MARY wife of ROBERT REID of Brandon, Manitoba, the sum of Three hundred ($300.00) dollars. Item Second. I give and bequeath to my daughter MARGARET, wife of WILMOT WOOD of Henderson, NC the sum of Three hundred ($300.00) dollars Item Third. I give and bequeath to my daughter JANETT wife of HENRY WOOD of Warren County, NC, the sum of two hundred dollars, and the forty dollars that she now owes me or rather that I have already advanced to her, also my feather bed and bed clothes and all of my own clothes also my bureau and chest. Item Fourth. I give and bequeath to my two sons JOHN THOMAS MONTGOMERY and PETER ALEXANDER MONTGOMERY now of Pipestone, Manitoba each the sum of Five hundred dollars ($500.00) to be paid to them out of the money due me by mortgage on the Carr Plantation in Warren County, NC. My son JAMES MONTGOMERY has already had his share of my estate. Lastly. I do nominate and appoint my friend WILLIAM B. CRICKLEY and my son-in-law WILMOT WOOD the husband of my daughter MARGARET, the former of Warren County, North Carolina to be the Executors of this my last will and testament. In testimony whereof I the said GEORGENIA AUGUSTA MONTGOMERY have to this my las Will and testament subscribed my name and affixed my seal on this first day of July in the year of our Lord one thousand Eight hundred and Eighty seven. GEORGENIA A. MONTGOMERY Signed sealed published and declared by the said GEORGENIA AUGUSTA MONTGOMERY as and for her last Will and testament in the presence of us who at her request & in her presence and in the presence of each other have subscribed our names as Witnesses thereto. JAS. A. O'NEIL WILLIAM BUCHAN The only clause I wish inserted in ths my last will and testament is that if from any cause such as my sickness or funeral expenses the estate will not pay the girls their portion as allotted them the two sons JOHN THOMAS and PETER ALEXANDER will make good from their portion. Signed and sealed in the presence of the two subscribing witnesses GEORGENIA A. MONTGOMERY J. A. O'NEIL WILLIAM BUCHAN North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of G. A. MONTGOMERY, deceased Order for Probate of Will A paper writing purporting to be the last Will and Testament of G. A. MONTGOMERY, dec'd is exhibited in open court for Probate by W. B. CRICKLEY, W. WOOD Executors therein named, and the due execution thereof by the said G. A. MONTGOMERY, dec'd, is duly proven by the oath and examination of J. A. O'NEIL and WM. BUCHAN subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said G. A. MONTGOMERY was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of G. A. MONTGOMERY dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that the above named Executors be allowed to qualify as Executors as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 23rd day of August 1887. J. R. YOUNG Clerk of Superior Court |
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Last Will and Testament of HORACE H. ROWLAND-
1887 |
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| I HORACE H. ROWLAND SENR. of the
County of Vance and State of North Carolina being of sound mind and
disposing memory do hereby make constitute declare this my last will
and testament in manner and way following, Item 1st. It my will that my Executors hereinafter named shall at my death shall provide for my body a respectable funeral in consonance with the fealing [sic] of my family and that all my just and lawful debts be paid out of the first money that may come into their hand from my estate. Item 2d. As I have made all my children equal in the distribution of my estate up to this time date each having received property amounting to the same value Item 3d. It is my will and desire that such of my sons to wit A. W. ROWLAND, BENJ. W. ROWLAND, EDWIN S. ROWLAND, I. C. ROLAND, H. H. ROWLAND and P. W. ROWLAND share equally in the division of all my property of every description whatsoever. Item 4th. It is my desire that my sons jointly see to it that my wife their mother MARTHA W. ROWLAND is well and comfortable cared for out of my estate. Item 5th. I leave to my Executors the use of their discretion in providing for their mother MARTHA W. ROWLAND a decent burial in the exercise of their judgment in the care of my lot in the cemetery at Henderson. I appoint my sons ALEXANDER W. ROWLAND, ISHAM C. ROWLAND my executors to this my last will and testament. In witness whereof I hereunto set my hand and seal this the 8th day of July 1886. H. H. ROWLAND Test WILLIE N. ELLINGTON C. E. AYSCUE My son P. W. ROWLAND say he has had no horse and cow my wish is that will in my Executors shall see that he has a horse & cow out of my Estate. July 15/86 H. H. ROWLAND North Carolina Vance County In Superior Court Before J. R. YOUNG Clerk In Re Estate of H. H. ROWLAND, deceased Order for Probate of Will A paper writing purporting to be the last Will and Testament of H. H. ROWLAND, dec'd is exhibited in open court for Probate by A. W. ROWLAND, one of the Executor therein named, and the due execution thereof by the said H. H. ROWLAND, dec'd, is duly proven by the oath and examination of C. E. AYSCUE and W. N. ELLINGTON subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said H. H. ROWLAND was at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge information and belief. It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of H. H. ROWLAND dec'd. And on motion it is ordered that said Will be admitted to Probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. It is further ordered that said A. W. ROWLAND be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 2nd day of July 1887. J. R. YOUNG Clerk Superior Court |
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Last Will and Testament of ELIJAH SATTERWHITE-
1886 |
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| In the name of God, Amen: I ELIJAH
SATTERWHITE being of sound mind and memory do make and publish this
to be my last Will and testament hereby revoking all other wills
heretofore made by me. I desire in the first place that my just
debts be paid and that I be buried in a suitable manner. I further
desire that my Executor hereafter to be named, shall enclose with
iron railing a place 20 feet square at Marrows Chapel where I wish
to be buried and that he will erect a tombstone over my grave to
cost fifty dollars. I give and bequeath to my daughter EMMA my gold watch and the peaces[sic] now in my house, also two thousand dollars in money, which sum is to be paid her by my Executor next after paying my debts and funeral expenses but my real estate shall not be bound for the payment of the legacy. I further give to my daughter during the term of her natural life without impeachment for waste, my tracts of land known as as the STRUM place and the ROBARDS tract containing 109 & 206 acres, and at her death it is my wish that said land shall descend to the heirs of her body, but should she not have any heirs of her body to go to R. A. BULLOCK Trustee for my son A. M. SATTERWHITE and to my wife ELIZABETH in equal parts, the half interest going to said Trustee to be subject to all the trusts and qualifications of the tract of land hereinafter to be given to the said Trustee in trust for my said son and the half going to my wife to be held by her during her natural life and then to go as the land hereafter to be devised to her directly by me. To my beloved wife ELIZABETH I give all of my household and kitchen furniture except the peaces heretofore devised). I also bequeath to her during the term of her natural life without impeachment for waste, my lots lying in the village of Williamsboro and the tract of land lying opposite HENRY BURWELL's containing 60 acres and at her death said land to go to my trustee R. A. BULLOCK in trust for my son A. M. SATTERWHITE and to my daughter EMMA in equal parts during the natural life of my said daughter, the half interest going to my said Trustee in trust to be held by him subject to the same trusts and qualifications of the land hereinafter to be given him directly in trust for my said son and the said half going to my daughter to be held by her under the like conditions of this land heretofore devised her directly by me. I appoint my friend AR. A. BULLOCK Trustee for my son A. M. SATTERWHITE and I give to my said Trustee R. A. BULLOCK in trust for my said son under the conditions herein to be set forth 1/3 of all the money that shall come in the hands of said Executor excepting and omitting the $2000 legacy to be paid my daughter rand also subject to the conditions which I am about to mention the tract of land on Island Creek in Granville County containing 407 acres. The condition under which my said Trustee is to hold said property are these: (1) Said money and said land shall under no circumstances be or become responsible for any past or future debts contracted or to be contracted by my said son. (2) Said Trustee shall not have power to sell said land Should my said son desire to occupy said land he shall be permitted to do so. So much of said land as is not cultivated by my son or his tenants or croppers shall be rented out by said Trustee. Should my son neglect his said farm and fail to cultivate the same, said Trustee shall rent out the whole or let it to work on shares (3) He shall pay to my son such money as he chooses and when he chooses, but he shall each year pay over to him, the interest on the money held in trust and the rents and profits of the land. He shall see that the place does not go to ruin; but I leave all these matters to said Trustee, and he is not to be held responsible for not repairing houses barns and fences this to be in his good judgment and affection. Said Trusteeship shall end with the death of my son at which time said land shall go to the heirs of his body, should he have no heirs of his body said land shall go to my said wife and daughter equally for life and then as the lands heretofore in this instrument devised them. I direct my Executor to sell all of my personal property except the articles specially devised the proceeds to pay to my wife, daughter and Trustee equally as one share each after paying my daughter the $2000 above named, said Trustee to hold in trust for my said son subject to the condition above named. I hereby appoint R. A. BULLOCK my trusty friend Executor of this my last will and testament, believing that this will, will do as all of my dear and good relations the greatest good. I have executed the same the 8th day of September A. D. 1883. E. SATTERWHITE Witnesses J. E. HAITHCOCK WALTER BULLOCK Codicil I ELIJAH SATTERWHITE of Vance County having on the 8th day of September 1883 made, published and declared my last Will and Testament in the presence of J. E. HAITHCOCK and WALTER BULLOCK subscribing witnesses, do now make publish and declare this codicil thereto to be taken in all respects as part thereof, as follows, to wit: 1st. I hereby ratify and confirm said last will and testament in every respect except so far as the sum may be inconsistent with this codicil. 2nd. The gold watch given in said Will to my daughter EMMA I do now give and bequeath to my son A. M. SATTERWHITE and direct my Executor to deliver the same to him to be his absolutely. 3rd. I direct that the two thousand dollars especially given to my said daughter in money in said will be equally divided between my said daughter and my said son and I do now give and bequeath to my said son one thousand dollars thereof to be held in trust for him by the trustee named in said Will, R. A. BULLOCK. 4th. I give and bequeath to my said son, and my said daughter equally all my household and kitchen furniture and direct my Executor to divide the same equally and equitably between them according to his best judgment. 5th. of the property in said Will and this codicil given to my said daughter I give the sum of three thousand dollars to the said R. A. BULLOCK, trustee, to be held in trust for my said daughter under the said limitations and conditions attached to the like trust created in said Will for the benefit of my said son. The said sum of three thousand dollars shall be taken from the money given to my said daughter if there be so much, but if there be not so much money going to her then the said trust shall attach to the real estate given her in said will to whatever amount shall be necessary to make with the money going to her the full sum of the said three thousand dollars. In testimony whereof I have this 22nd day of December 1885 set my hand and affixed my seal to this codicil. E. SATTERWHITE Signed and sealed by the testator in our presence and at said signing and sealing declared by him to us to be his codicil to his last will and testament made on the 8th day of September 1883, we at the same time at his request and in his presence and in the presence of each other subscribing our names hereto, as witnesses this 22nd day of December 1885.. HENRY T. JORDAN JAS. S. BURWELL JNO. E. HAITHCOCK WALTER BULLOCK (This will was duly proven before J. R. YOUNG, Clerk of Superior Court, Vance County, North Carolina, upon the oaths of JNO. E. HAITHCOCK and WALTER BULLOCK; then R. A. BULLOCK qualified as Executor, on November 15, 1886.) |
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Will of RICHARD G. SNEED- 1922 |
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| I, RICHARD G. SNEED of Townsville
Township, Vance County, make this my last will and testament. I give and devise to ROBERT WILLIAMS, husband of FANNY WILLIAMS the seventeen and one eighths acres of land on the opposite side of the road from my house, that formerly belonged to MILLY BULLOCK but now to me, this in consideration of his kindness to me. To KUHN TAYLOR SNEED I devise a tract of land containing One Hundred and fifty acres to include the seventy one acres of the Aspen Lawn tract conveyed to me by my sister LUCY and her husband W. D. BURWELL and to extend from said land to the road leading from the Townsville and Starks Mill road to my present dwelling house, and extending from said road along the path or road that leads to my dwelling house as far as the blacksmith shop and he is to have the use of said path or road from the public road as far as to the blacksmith shop. At the shop the line of the land devised to KUHN TAYLOR SNEED will run Northward to the land deeded to me by W. D. BURWELL and wife so as to cut off the One Hundred and fifty acres. The line that the line from the shop Northward will strike is the Virginia State Line. I request that KUHN TAYLOR SNEED shall give to PINK HARGROVE a home on said place her life time, but this shall not be compulsory on him. This device to KUHN TAYLOR SNEED is in fee simple, to him and his heirs forever. I give and devise to OLIVIA COLLIER as estate for the term of her natural life in One Hundred acres of land fronting on the public road, and between my avenue or path leading to my house and J. T. STARK's line. The back line to be parallel as near as may be to the public road, to make one hundred acres. I also request her to provide for PINK HARGROVE; but this is not obligatory. All the money and personal property that I may leave I give and bequeath to KUHN TAYLOR SNEED Two Thirds, and to OLIVIA COLLIER One Third. But the furniture in my house I give subject to the control of my sister MARY B. NEALEY during her life time. At her death this furniture is to be divided as follows: KUHN is to have Two Thirds and organ in to belong to BELLA HARGROVE: the other third of the furniture is to be divided between OLIVIA COLLIER, ROBERT WILLIAMS and PINK HARGROVE. All the residue of my property not hereinabove bequeathed and devised I give, devise and bequeath to my sister MARY B. NEALEY of Memphis, Tennessee for the term of her natural life. At her death I give, devise and bequeath the same to my three nephews HAMILTON FENTON SNEED, NATHANIEL PETER HILL and CRAWFORD HILL, to each of them One Third thereof, to them and their heirs forever in fee. I direct my executor to have the lands herein devised to the parties and the survey with his approval to be recorded with this will and fix the boundaries thereof. He is also to divide the personalty and furniture as herein directed. I appoint T. T. HICKS of Henderson Executor of this my will made and executed September 6th, 1919, on three pages. R. G. SNEED Witnesses: R. G. KITTRELL A. A. BUNN I, RICHARD G. SNEED make this codicil to my last will and testament which will directs the retention in my home of my furniture and personal property during the life of my sister MARY B. NEALEY. I am now satisfied that my sister will not care to come here or stay at any rate she being comfortable in her city home. So I direct that the Executor named in my will sell the personal property and furniture and household effects and that the proceeds be paid Two Thirds to KUHN TAYLOR SNEED and One Third to OLIVIA COLLIER. I make no other change in my will, but with this codicil affirm the same. Witness my hand and seal April 30th, 1920. R. G. SNEED Witnesses: T. T. HICKS HERBERT MATHEWS I, RICHARD G. SNEED of Vance County, North Carolina, make this additional codicil to my will of September 6th, 1919 and the codicil of April 30th 1920, attached together and to which this is to be attached. I give and bequeath to LEWIS HARGROVE, commonly called "BOOTS" who has been kind and faithful in serving me, the sum of Seven Hundred Dollars ($700.00). In testimony whereof I hereto set my hand and seal this the 2nd day of August 1920 R. G. SNEED Witnesses: T. T. HICKS EDISON HICKS I, R. G. SNEED make this codicil to my will and codicils. The land I have given to KUHN TAYLOR SNEED I limit now by this codicil to him for life. Then it is to go under the residuary clause to my relations as my other property is given. March 23, 1922. R. G. SNEED Witnesses: T. T. HICKS EDISON T. HICKS State of North Carolina Vance County In the Superior Court A paper writing purporting to be the last will and testament and codicils of R. G. SNEED, deceased, is exhibited before the undersigned Clerk of the Superior Court for said county, by T. T. HICKS, the executor therein mentioned, and the due execution thereof by the R. G. SNEED and 3 codicils is found by the oath and examination of R. G. KITTRELL and A. A. BUNN, T. T. HICKS and HERBERT MATTHEWS, and T. T. HICKS and EDISON T. HICKS the subscribing witnesses thereto; who being duly sworn doth depose and say, and each for themselves deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament and codicils of R. G. SNEED, that the said R. G. SNEED in the presence of this deponent subscribed his name at the end of said paper writing now shown as aforesaid and which bears date of the 6th day of September 1919 and April 30, 1920, Aug. 2, 1922, and March 23, 1922, and the deponent further saith that the said R. G. SNEED the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited to be his last will and testament and codicils and this deponent did thereupon subscribe his name to the end of said will and codicils as an attending witness thereto, and at the request and in the presence of the said testator, and this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, the said R. G. SNEED was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent, and further this deponent saith not. T. T. HICKS A. A. BUNN R. G. KITTRELL HERBERT MATTHEWS Severally sworn and subscribed this 17th day of June 1922 before me. HENRY PERRY, Clerk Superior Court North Carolina Vance County In the Superior Court It is therefore considered and adjudged by the court that the said paper writing and every part thereof is the last will and codicils of R. G. SNEED, deceased. Let the said will and testament and codicils with the probate be recorded and filed. This 17 day of June 1922. HENRY PERRY, Clerk, Superior Court North Carolina Vance County I, HENRY PERRY, Clerk Superior Court, hereby certify that the foregoing in two pages and part of Page 3 is a true and correct copy of the last will and testament with the codicils annexed of R. G. SNEED together with the probate of the same as the same appears of record in Vance County in Will Book C page 340. Witness my hand and seal at office in Henderson, North Carolina on this the 4th day of January 1929. HENRY PERRY Clerk Superior Court of Vance County |
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| (R. G. Sneed was son of William M. Sneed & Louisa M. Bethel of Granville Co.) | |||||||
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