North Carolina
Tyrrell County
Original Will at N. C. Archives
April 9, 1902

I, Philemon N. Gray, of Columbus, Ohio, do make and publish this my last will and testament:

First. It is my will that all my just debts be paid by my executors out of my estate.

Item I. I give and devise to my beloved wife Anna M. Gray in lieu of her dower in my estate, absolutely and to her heirs, all my interest and title to and in the house and lot where we now live; being lot number Fourteen (14) of Rodenfeld's and Falkenbach's Subdivision, in the city of Columbus, Ohio, as per plat of said subdivision in Plat Book No. 3, page 365, Recorder's office, Franklin, County, Ohio; and the sum of Seven thousand dollars in money to be paid her by my executors out of my estate as hereinafter provided. Two thousand of this sum I give and devise to my wife that she may have this amount to use for the support and education of our two minor children, Dill W. and Hellen. All the household goods, furniture, pictures, goods and chattles, which may be in our home, at the time of my decease, I give and bequeath to my wife absolutely

Item 2nd. I devise and direct that the rest, residue and remainder of my estate both real and personal, after paying my debts and the sum of seven thousand dollars to my wife as provided in the foregoing item of this will, shall be equally divided, by my executors as hereinafter provided, among my children and their heirs, the children of any that may be dead to have the share of their deceased parents: but my son Torrey N. Gray has received heretofore, as an advancement out of my estate the sum of Five hundred dollars, which amount my executors shall charge, and the same shall stand, as a part of his share or portion of my estate; and my son Herbert C. Gray has received, heretofore as an advancement out of my estate the sum of Five hundred dollars, which amount my executors shall charge, and the same shall stand, as a part of his share or portion of my estate and my son Philo W. Gray has received heretofore, as an advancement, the sum of Two thousand dollars, which amount my executors shall charge and the same shall stand, as a part of his share or portion of my estate; and my son James M. Gray has received the sum of Five hundred dollars heretofore as an advancement out of my estate, which amount my executors shall charge and the same shall stand as a part of his share or portion of my estate; and my son Frank Gray has received, heretofore, as an advancement, out of my estate the sum of Twelve hundred dollars which amount my executors shall charge and the same shall stand as a part of his share or portion of my estate, and my son Littleton A. Gray has received, heretofore, as an advancement, out of my estate the sum of Six hundred dollars, which amount my executors shall charge, and the same shall stand as a part of his share or portion of my estate. And it is my will and I so devise that, if for any reason my executors shall fail or neglect to sell my real or personal estate as hereinafter provided then the rest and residue of my estate after paying the bequest to my wife as provided in item one of this my will shall be divided among my children as provided in this the second item of my will.

Item 3rd. I devise and direct that my executors, or the survivors of them, shall, within five years after my decease, sell at either public or private sale all my personal property not hereintofore devised to my wife, and all my real estate, not specifically devised to my wife herein, in this state or North Carolina, for cash or on time payments as they may deem best for the parties interested in my estate, and to execute deeds to the purchasers thereof and to take and cancel mortgages for deferred payments therefor.

And to collet all debts or claims due me and sign receips therefor. And out of the proceeds arising from the sale of my property as aforesaid, and received from the collection of debts and claims due me from any money have at my death, my executors shall pay my debts and the bequest to my wife of Seven thousand dollars as provided in item one of this my will, and divide the rest and residue among my children as provided in item two of this my will. If my executors deem it best not to sell my real estate at once, they shall rent the same until they do sell it, collect the rent, manage and control the same, and pay one half of the rents and income while rented to my wife, for her and my minor children's support, after deducting expenses, and the other half after deducting expenses, shall be held by my executors and put in as part of my estate, and distributed as hereinbefore provided.

Item 4th. I do hereby nominate and appoint Philemon J. Dill and A. H. Johnson executors of this my last will and testament, hereby authorizing and empowering them to compromise, adjust, release, discharge, in such manner as they may deem proper the debts and claims due me.

I do hereby revoke all former wills by me made.

In testimony hereof, I have hereunto set my hand this 9th day of April in the year 1902.

Philemon N. Gray

Signed and acknowledged by said Philemon N. Gray as his last will and testament, in our presence; and signed by us in his presence.

L. F. Beasley
Sarah J. Wiegand

This day an instrument of writing, purporting to be the Last Will and Testament of Philemon N. Gray, late of Montgomery Township, in this County, deceased, was produced in open Court for Probate. It is now ordered that the said Will be filed in this Court, and that due notice thereof and an application to admit the same to Probate and Record, be given to the widow and next of kin of the testator, resident of the State of Ohio, 3 days prior thereto, that said application will be for hearing before this Court, on the 20th day of October A. D. 1902, at 2 o'clock P. M., said notice to be in writing and to be served on said parties personally, or by leaving copies thereof at their usual place of residence.

Tod B. Galloway Probate Judge

And afterwards, to-wit: on the 20 day of October A. D. 1902, the findings and orders of this Court relative to the Last Will and Testament of Philemon N. Gray, decased, were entered on the Journal in words and figures following, to-wit:

In the Matter of the Will of
	October 20th A. D. 1902
Philemon N. Gray deceased

Be it remembered, that heretofore, t-wit: on the sixth (6) day of October A. D. 1902, an instrument of writing \purporting to be the Last Will and Testament of Philemon N. Gray late of Montgomery Township, in this County, deceased, was produced in open Court for Probate, and was then filed. And it now being shown to the satisfaction of the Court, that due notice of the filing of said Will and of the vapplication to admit the same to Probate and Record in this Court, has been given to the widow and next of kin of the testator, pursuant to a former order of this Court; thereupon on this day came L. F. Beasley and Sarah J. Wiegand, the subscribing witnesses to said Will, who, being duly qualified, testified to the due execution and attestation of said Will; which testimony was reduced to writing, by them respectively subscribed, and filed with said Will. Whereupon the Court finds that the aforesaid instrument is the Last Will and Testament of said Philemon N. Gray deceased; that the same was duly executed and attested; that the said testator, at the time of signing the same was of lawful age, of sound and disposing mind and memory , and under no undue or unlawful restraint whatsoever. It is therefore by the Court ordered, that the said will be admitted to Probate, and that the same, together with the testimony of the witnesses above named, be entered of record in this Court.

Tod B. Galloway Probate Judge.

The subscribing witnesses to said Will, after being duly sworn to speak the truth, the whole truth, and nothing but the truth, in relation to the execution of said Will, testified thereto in open court, which testimony was reduced to writing, and by them respectively subscribed, and is in words and figures following, to-wit;

THE STATE OF OHIO
	PROBATE COURT
Franklin County

We, L. F. Beasley and Sarah J. Wiegand being duly sworn in open Court, this 20th day of October A. D. 1902, depose and say that we were present at the execution of THE LAST WILL AND TESTAMENT of Philemon N. Gray deceased, hereunto annexed: That we saw Philemon N. Gray said testator subscribe said Will, and heard him publish and declare thev same to be his Last Will and Testament; and that the said Philemon N. Gray at the time of executing the same was of full age, and of sound mind and memory, and not under an restraint; and that we signed the same as his witnesses at his request, and in his presence.

Sarah J. Wiegand

L. F. Beasley

Sworn to and subscribed in open Court, on the day and year first above written.

Tod B. Galloway Probate Judge.

THE STATE OF OHIO
	PROBATE COURT
Franklin County

I, Tod B. Galloway, Judge of the Probate Court, within and for the County of Franklin and State of Ohio, do hereby certify that the foregoing is a full and correct copy of the Last Will and Testament and Probate thereto of Philemon N. Gray deceased as the same appears of record and on file in said Court.

In Testimony Whereof, I have hereunto set my hand and the

seal of said Court, at Columbus, this 21st

day of October A. D. 1902

Tod B. Galloway

Judge of the Probate Court, Franklin County, Ohio

THE STATE OF OHIO
	PROBATE COURT
Franklin County

I, Tod B. Galloway, Judge and Ex-Officio Clerk of the Probate Court, within and for the County of Franklin and State of Ohio, do hereby certify that Tod B. Galloway, whose signature appears to the foregoing certificates, is now and was at the time of signing the same, sole Judge of the Probate Court within and for Franklin County, Ohio, duly comissioned and sworn; that I am well acquainted with his signature, and know the above to be his, and that the above certificates by him made are in due form of law to authenticate the records, files, and proceeding of said Court, and that he is the keeper of the records and seal of said Court.

In Testimony Whereof, I have hereunto set my hand

and the seal of said Court, at Columbus,

this 21st day of Oct

A. D. 1902

Tod B. Galloway

Judge and Ex-Officio Clerk of the Probate Court of Franklin County, O

Probate Court in
Tyrrell County
The foregoing certificate of Tod B. Galloway Judge and Ex-Officio Clerk of the Probate Court of Franklin County O. attested by his official seal is adjudged to be correct and sufficient Let the instrument with the certificates be registered. Witness my hand this 17th day of Decmber 1902.
G. L. Liverman CSC

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Updated January 23, 2014
Charles W. Barnes