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In the Name of God, I, Hannah R. Jordan,
of the County of Transylvania and State of
North Carolina, being of sound mind and memory
and considering the uncertainty of this frail
and transitory life do therefore make, ordain,
publish, and declare this to be my last will
and testament.
That is to say, first, after all my
lawful debts are paid and discharged, the
residue of all the real and personal property
that I may or shall own or possess at my death
I hereby give, bequeath, and dispose of as
follows (to wit)
After paying F. J. Whitmire, my executor,
for all such expenses and trouble as he may
incur in the management of my affairs, all my
real and personal estate shall be equally
divided between my two nieces, Mrs. Mary E.
Goodson and Miss Hannah E. Jordan, Mrs. Mary E.
Jordan part of my estate to be set apart and
delivered to her at my death by good and lawful
means to be chosen by my said executor, the
remainder to be delivered to Miss Hannah E.
Jordan whenever she may marry and not sooner
except such portion as she may need for her
education or other necessarys which my said
executor shall be the judge, that I am to have
the full control and authority to hold and
dispose of all the real and personal property
that I now own or may thereafter own during my
natural life.
I hereby constitute F. J. Whitmire to be
my executor of this my last will and testament,
hereby revoking all former wills by me
made.
In witness whereof [I] hereunto set my
hand and affix my seal this 9th day of October
AD 1874. This will is not in any way to affect
the conveyance of any real property I now own
or possess but whatever I may own at my death
shall be delivered or set apart as before
mentioned which they are to have and to hold to
them and their heirs and assigns
forever.
H. R. Jordan (Seal)
Signed in the presence of
Wm. Aiken, Brevard, N.
C.
*****
The foregoing is a true copy of H. R.
Jordan's will.
W. P. Poor
Probate Judge
*****
State of North Carolina }
Transylvania County
}
Personally appeared
before me W. P. Poor, Judge of Probate for said
county, F. J. Whitmire, and after being duly
sworn according to law
1st_ say that he is the executor of the
last will and testament of Hannah R.
Jordan.
2nd_ that the real estate of the testator
is worth about fifteen hundred dollars and that
the personal property of the said testator is
worth about two hundred dollars.
3rd_ Mrs. Mary E. Goodson and Miss Hannah
E. Jordan are the devises to whom the property
of the said Hannah R. Jordan is an infant under
the age of twenty one years and that no
guardian has been appointed for her.
F. J. Whitmire
Sworn to and subscribed this 19th day of
October 1876.
W. P. Poor
Probate Judge
Whereupon letters testamentary are this
day issued to F. J. Whitmire, executor as
aforesaid.
*****
The foregoing paper writing purporting to
be the last will and testament of Hannah R.
Jordan, deceased, is this day propounded in
open court by F. J. Whitmire, the executor
therein named, and is admitted to probate on
the oath of Wm Aiken, the subscribing witness
thereto.
Whereupon, afterwards
to wit, on the 11th day of November 19876 cause
S. D. Jordan, Mary Galloway, Victoria Galloway,
W. B. Duckworth, Louisa A. Duckworth, W. L.
Norwood and wife Anna H. Norwood, J. E.
Duckworth, heirs at law and next of kin of the
said Hannah R. Jordan, Deceased, and enter a
caveat to the probate of the said paper writing
purporting to be the last will and testament of
the said Hannah R. Jordan, Deceased, herein
above set forth, and say that the same is not
the last will and testament of the said Hannah
R. Jordan, deceased, or any part
thereof.
And thereupon the
court directs the following issue to be made
up, and submitted to a jury, to wit, "Is the
said paper writing, or any part thereof, and if
so, what part, the last will and testament of
the said Hannah R. Jordan, or not," and on
motion, it is ordered that a citation be issued
against James Orr and wife Hulda Orr, Thomas
Jordan, V. M. Goodson and wife Mary E. Goodson,
Hannah E. Jordan, J. F. Galloway, heirs at law
and next of kin of the said Hannah R. Jordan,
who reside in this state to appear at the
Spring Term 1877 of the Superior Court to be
held at the courthouse in Brevard is the County
of Transylvania on the 12th Monday after the
3rd Monday in March 1877, to see proceedings in
this cause, and to make themselves parties to
the said issue, if they shall think
proper,
And it appearing that
T. C. Galloway, B. D. Duckworth, Joseph A.
Galloway, _____ (blank) Howell and wife Cora
Howell, the other heirs at law and next of kin
of the said Hannah R. Jordan reside beyond the
limits of this state, it is ordered that
publication be made in the _______ (blank), a
newspaper published in the town of Asheville
for six consecutive weeks notifying them to
appear at Spring Term 1877 of the Superior
Court of Transylvania County to be held at the
courthouse in Brevard on the 12th Monday after
the 3rd Monday in March 1877, then and there to
see proceeding in this cause, and to make
themselves parties in the said issue if they
shall think proper so to do.
[In the photocopy of Will Book 1 there is a
paper covering the remainder of p. 180. On p.
203 is found the following:]
In the matter of the paper writing
offered for probate as the last will and
testament of Hannah R. Jordan, it appearing to
the satisfaction of the Probate Court that said
will was attested by only witnesses and that is
_____ not _____ to have been signed in the
presence of the maker nor by her request and
there being no evidence _____these points, it
is considered by this court that this paper
writing is not such a will as by law the court
is authorized to _____ to be probated and is
not a last will and testament of said Hannah R.
Jordan and is not admitted to probate.
It is further ordered that the letters
testamemtary heretofore granted to F. J.
Whitmire, exr. of said Hannah R. Jordan, be and
are hereby revoked. See page 175.
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