Hyde Co., NC will of Eva Mann

Eva Mann
Apr. 27, 1922
Will Bk. 12 [Typed version transcribed in 1972 by Walter A. Credle, CSC]

North Carolina
Hyde County

I, Eva Mann, of the aforesaid County and State, being of sound mind and memory, but in poor physical health, and mindful of the uncertainty of human life, do make, publish and declare this my Last Will and Testament, hereby revoking and declaring utterly void all other wills heretofore by me made.

First: My executor, hereinafter named, shall give to my body a decent burial suitable to the wishes of my relatives and friends.

Second: I give and devise to my niece, Eva Allen Mann, daughter of my brother Joseph S. Mann, my store lot in the town of Fairfield, N.C., to be hers absolutely and unconditionally.

Third: I give and bequeath to my nephew, Ruffin Mann O'Neal, son of my sister Wilhelmina O'Neal, my stock in the Fairfield Canal and Turnpike Company, to be his absolutely and unconditionally.

Fourth: Any jewelry or other articles of personal property which are no hereinafter specifically bequeathed, my said executor will dispose of according to a memorandum to be hereafter attached to this my will. Such memorandum will be in my own hand writing and my said executor will observe the disposition made of the property scheduled in said memorandum as fully to all intents and purposes as if the same had been incorporated in the body of this my will.

Fifth: All that part of my real estate or property which is subject to the dower right or estate of Mrs. Julia A. Mann, as heretofore allotted to her as the widow of my deceased father, Joseph A. Mann, I give and devise to my trusted friend and relative, A.B. Midyette, to be held by him in trust for the use and benefit of my brothers Thomas A. Mann, James E. Mann and Joseph S. Mann, and my sister Wilhelmina O'Neal, subject however to the following charges, limitations and conditions, to wit:

    (1) That my brother Thomas A. Mann shall, for the period of the natural life of my deceased father's widow, Mrs. Julia A. Mann, pay annually to the Fairfield Auxiliary of the Womans Foreign Missionary Society the sum of Ninety Dollars.

    (2) That my brother James E. Mann shall, for the period of the natural life of my deceased father's widow, Mrs. Julia A. Mann, pay annually to the Fairfield Auxiliary of the Womans Foreign Missionary Society the sum of One Hundred and Forty Dollars.

    (3) That my brother Joseph S. Mann, shall, for the period of the natural life of my deceased father's widow, Mrs. Julia A. Mann, pay annually to the Fairfield Auxiliary of the Womans Foreign Missionary Society the sum of Seventy Five Dollars.

    (4) That my sister Wilhelmina O'Neal shall, for the period of the natural life of my deceased father's widow, Mrs. Julia A. Mann, pay annually to the Fairfield Auxiliary of the Womans Foreign Missionary Society the sum of One Hundred Dollars.

    The funds so donated and to be paid to the aforesaid Society shall be known as the "Lizzie L. Mann Memorial Fund" and shall be sent to the Changehow General Hospital in Changehow, China [possibly meant to be Shanghai, China] to be used as the physician in charge, and his successors, may deem best. The said funds shall be sent through the Centenary Bureau of Specials.

Sixth: Should any of my said brothers or my said sister make default in the payment of the amounts so charged against the real estate above devised to them for a period of sixty days after the first day of February of the year succeeding my death, or for the same period in any succeeding year for or during the term of the natural life of my aforesaid step-mother, Mrs. Julia A. Mann, then and in that event, the said A.B. Midyette, trustee as aforesaid, shall be and he is hereby authorized, empowered and directed to sell the share, or shares, of those of my devisees above named, who shall fail or refuse to make such payments. Such sale shall be made in the manner now prescribed by law for making sales of land under mortgages and executions and said trustee shall, after retaining the sum of five per centum commissions out of the proceeds of the whole of lands so sold, as compensations for his services in making such sale or sales, proceeds to ascertain the value of said land determining the value of lifes estates, (the present tax value of said land to be the basis for calculating the value of such life estate) and said trustee shall pay the amount so ascertained as the value of such life estate to aforesaid Fairfield Auxiliary of the Womans Foreign Missionary Society, to be by it used and expended for the purposes hereinbefore provided, and the remainder of said proceeds of such sale to be paid by said trustee to those of the devisees of said real estate above named, who have not at that time failed or neglected payment of the sums charged against their respective shares or interests in said real estate. If my above recited by making the annual payments provided herein as and when said payments shall become due, then the estate herein devised to the said A.B. Midyette, trustee, shall cease and determine upon the death of my said step-mother, Julia A. Mann, and I hereby give and devise the said land and premises to my said brothers Thomas A. Mann, James E. Mann and Joseph S. Mann and to my sister Wilhelmina O'Neal and their heirs and assigns in fee simple forever. Provided house, if my step-mother, Julia A. Mann, shall die during one of the periods when the sums herein charged against the real estate which has been allotted to her as dower, was growing due, then the sum so charged against said real estate, for the year in which said death occurs, shall be proportionate to the part of the year which has elapsed before the death of the said Julia A. Mann and their proportionate part or fraction of such annual payment shall be paid at the end of the year in which death occurs.

Seventh: I give and bequeath to the Fairfield Methodist Episcopal Church South at Fairfield, N.C. and to the Parsonage attached to said Church, the Sum of Two Hundred Dollars to be used and expended by the proper officials of said church and parsonage, as far as such find will extend, in keeping the said church and parsonage in proper state of repair.

Eighth: My executor, after he has paid all my just debts and burial expenses and the bequests and legacies hereinbefore recited, including the articles to be enumerated and described in the memorandum provided for in the fourth section of this my will, shall dispose of and distribute all the balance of my personal estate of every kind and description, including money on hand or in possession of any other person, natural or corporate, for me among my nephews and nieces not heretofore mentioned in this my will.

Ninth: All my real estate except that in which the dower of my step-mother, Mrs. Julia A. Mann, has been heretofore allotted and which has been disposed of in the fifth and sixth articles or section of this my will, I give and devise to my three brothers and to my sister, heretofore named, and to their heirs and assigns, absolutely and unconditionally.

Tenth: I hereby constitute and appoint my trusted friend, A.B. Midyette, my executor to this my Last Will and testament, to execute the same, and every part and clause thereof, according to its true intent and meaning.

In testimony of all which I have hereunto subscribed my name and affixed my seal, this the 27^th day of April 1922.
    /s/ Eva Mann    (Seal)

Signed, sealed, published and declared by the aforesaid Eva Mann, to be her Last Will and testament, in the presence of use, who, in her presence and in the presence of each other, have signed the same as subscribing witnesses thereto.
    /s/ Mayfield Richmond [in a later deposition it appears that this is "Miss Mayfield Richmond" of Huntington, West Virginia]
    /s/ Mamie Fraser

The following is the disposition I want made of my personal effects.
    1. The breast pin that was Mama's to Eva Allen Mann.
    2. The stick pin that was brother Ruffin's to Ruffin Mann O'Neal
    3. The ring that was sister Katie's to Katie Leight Mann with the five dollar gold piece to have it reset, either with her birthstone (Turquoise) or mine (Emerald).
    4. The Masonic pin which was Papa's watch charm to Martha Loud O'Neill.
    5. The watch which was entrusted to me for her to Lizzie Love Mann.
    6. The locket with L.L.M. on it to Lizzie Love Mann.
    7. The plain ring which was Mama's to Mary W. Mann.
    8. The chain I wore locket on to Lois Mann
    9. Signet ring to Rebecca A. Mann.
10. Silver card case to Eva Allen Mann.
11. Crescent pin to Willie O'Neal.
12. The Society pin that was Tom's to Katie L. Mann.
13. The one dollar gold piece that was sister Katie's to Carrie Mae Mann.
14. The candle sticks to Joseph Dixon Mann.
15. Table spoons to Joseph L. Mann.
16. Soup ladle to Willie O'Neal.
17. The plaque at Willie's to Carlos O'Neal.
18. The plaque at Joe's to Joseph S. Mann.
19. The doll bureau to Martha L. Mann.
20. The mahogany writing box to Eva Allen Mann.
21. The mahogany oval shape table to Thomas A. Mann.
22. The dressing table to James E. Mann.
        /s/ Eva Mann - April 27, 1922

[NOTE] Eva Mann, born May 6, 1887, was the 8th child born to Dr. Joseph Allen Mann (1850-1916) and his 1^st wife, Lizzie Lowe Murray (1851-1906). Eva died unmarried on May 20, 1922, just 23 days after she made this will. After the death of Lizzie, Dr. Mann married Julia (Humber) Nelson in about 1907 and they had one son, Walter Burrus Mann who was born in 1908 and died in 1910. Julia was born in Greenville, Pitt Co., NC on Dec. 30, 1867 to Oliver Perry Humber & his wife, Julia Ann Easterling. Julia died in Charlotte, N.C. on July 11, 1965 and is buried in Charlotte at Sharon Memorial Park Cemetery.

Children from Dr. Joseph Allen Mann's first marriage are as follows and are mentioned in the above will.
    1) Katherine McLemore "Katie" Mann was born Mar. 3, 1875 & died of diphtheria on Sept. 22, 1890.
    2) Thomas Allen Mann was born Feb. 4, 1877 & died in Durham, NC on Mar. 21, 1957. He married Laura Nicholson (Tankard) Clarke.
    3) Ruffin Murray Mann was born May 13, 1878 & died unmarried April 25, 1905.
    4) Dr. James Emery Mann, was born Oct. 1, 1879 & died Dec. 7, 1962. He 1^st married Mary Elizabeth "Mamie" Windley in 1905; 2^nd Carrie Bridgman in 1916; 3^rd Jane Elizabeth Swindell in 1924.
    5) Leander Mann was born Mar. 8, 1881 & died May 21, 1882.
    6) Wilhelmina A. Mann was born Apr. 1883 & died after 1936. She married Carlos Stanley O'Neal in 1910.
    7) Joseph Spencer Mann was born Mar. 25, 1885 & died Nov. 19, 1951. He married Rebecca A. Spencer in 1916.
    8) Eva Mann [see above will]
    9) Lee Mann was born June 1, 1888 & died Oct. 6, 1888.

This will was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!