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David Asbel Anders with
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Tina Smith Anders Family

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Rufus and Florence Hall Owen Family in 1947
Rufus and Florence Hall Owen and children

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Transylvania County, NC GenWeb Project
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Nuncupative Will of William Whitmire

Transcribed by Philip Underwood-Sheppard

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Nuncupative Will of William Whitmire, Transylvania County, North Carolina, Will Book 1, pp 129-130.  (William Monteith Whitmire (July 05, 1824 - December 31, 1872; wife Rebecca Gillespie).  Nuncupative will made before December 31, 1872, written January 16, 1873, proven January 24, 1873

Information and index of Transylvania County Wills and Estate Records

Page images by Linda O. Anders, added 10 June 2004:  pg129   pg130

 

Transylvania County} In the Probate Court

    A paper purporting to contain the nuncupative will of William Whitmire deceased which is in words and figures as follows to wit:

1st That I will and bequeath all of my property both real and personal to my beloved wife Rebecca Whitmire to be managed by her as she thinks best for the advantage of all my children for their support and education.

2nd At the death of my wife Rebecca all of my property both real and personal is to be equally divided among all of my children.

3rd I hereby appoint my wife Rebecca my executrix to execute this my last will and every part thereof.

is exhibited for probate before me the undersigned Judge of Probate in and for said county by Rebecca Whitmire the executrix therein named.

It is therefore proved by the evidence of Henry B. Galloway, L. T. Galloway, and M. S. Whitmire competent and creditable witnesses that the said Wm. Whitmire when he was of sound and disposing memory and in their presence did make a nuncupative will and did in said will bequeath his real and personal property in the manner mentioned in said writing and that they the said H. B. Galloway, L. T. Galloway, and M. S. Whitmire severally bear witness that they severally heard the said Wm. Whitmire declare the aforesaid to be his last will. And it is also proved by the said witnesses that the said Wm. Whitmire died on the 31st day of December 1872 and that the said nuncupative will was reduced to writing as aforesaid on the 16th day of January 1873. And it further appears from the return of the Sheriff that process has been duly executed.

L. D. H. Whitmire, Washington E. Galloway and wife, L. T. Galloway, M. A. Whitmire, Robert Edward McD. Whitmire, Robert A. Whitmire, Fleming A. Whitmire by their guardian L. D. H. Whitmire and Rosa M. Whitmire by her guardian L. D. H. Whitmire next of kin to the said Wm. Whitmire according to law calling on them to appear and contest the said will if they should think proper.

Transylvania County} In the probate Court

A paper writing purporting to be the nuncupative will of Wm. Whitmire deceased is exhibited before the undersigned Judge of Probate for said county by Rebecca Whitmire the executrix therein named and it is therefore proven by the oath and examination of H. B. Galloway, L. T. Galloway, and M. A. Whitmire three creditable witnesses after being duly sworn doth depose and say that the will exhibited is the nuncupative will of said deceased as it was related in our presence sworn to and subscribed before me this 24th day of Jan. 1873.

                                                                                        H. B. his X mark Galloway
                                                                                        L. T. Galloway
                                                                                        M. A. Whitmire

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