Abstracts of Stanly County, North Carolina, Will Book II, 1868-1910, pp. 100-199
Copyright Leah C. Sims 2000
p. 1
Will of David Blalock
Will Date: August 21, 1868
Probate Date: August 28, 1868
Application before J. M. Redwine Probate Judge
"We the undersigned M. E. Blalock and B. C. Blalock being called on by our Father David Blalock in his last sickness and at his own house do publish and declare this to be his last will and testament as follows. That his wife Mary A. Blalock should have her one third part of all the lands . . . during her natural life except one cow and calf, one bed and furniture, they were to be at the disposual of the said Mary A. Blalock and such other house-holed and kitchen furniture as the said Mary A. Blalock . . . and his heirs at Law might think she wanted. togeather with one dark sorrel horse and a one horse wagon and my best Buggy three plow hoes two plow stocks and singletrees and the best set of Gear, one sprouting hoe and one axe two best weading hoes, cutting knife and box, five head of sheep, sow + pigs and her years support out of his estate . . . that Mary Susan McSwain, Sofrona C. Lee, and Ann Eliza Watkins, and Julia M. Blalock, shall have fifty dollars each to balance against what I have given to my sons. M. E. Blalock + B. C. Blalock to have two head of sheep, and my Dau-ghters Ann Eliza Watkins and Julia Ann Blalock to have the same"
Executor: None [will or probate]
Witnesses: B. C. Blalock and M. E. Blalock who "do solemnly sware that we were called on by David Blalock to witness this as his last will and testament that it was his last sickness and at his own dwelling house on Friday the 21st day of August 1868."
p. 2
Will of Mary Mann
Will Date: October 7, 1861
Probate Date: September 24, 1869
"I Polly Mann . . . give unto Margaret P. Mann 1 cow and to Sarah Ann E. Mann 1 calf I give unto James P. Mann my mare and to Columbus F. Mann my colt . . . my tract of land on which I now live unto Rowland Manns heirs after I am done with it . . ."
Mary Mann (signed)
Executors: Jonathan Mann and Howell Parker
Witnesses: Davidson Mann and Hejekiah Morton
pp. 3-5
Will of Howell Harword
Will Date: August 16, 1865
Probate Date: February 2, 1870
". . . I Howell Howard . . . being advanced in age . . . I have already given by deed one hundred Acres of land to my son Absolom and one hundred to my son Even and one hundred Dollars in money to my son Emsley to pay for the land he lives on . . . to the three children of my son Reddin one hundred acres of land to be laid off to them around where my son Reddin did live . . . one hun-dred acres of land to the two children of my son David and their heirs to be laid off to them around where my son David settled as near as can be done . . . to the three children of my son Howell and their heirs one hundred acres of land to be laid off to them around where my son Howell settled as near as can be done . . . my executor to select and appoint three dis interested free holders to lay off and with a surveyor to run and mark out each of the aforesaid tracts of land of one hundred acres I have willed my Grand children and to lay them of in the best form they can so as not to injure [?] the different tracts and each tract to include the settlement and houses put up by my deceased sons . . . All the rest and residue of my land . . . to my wife Celia during her natural life and after her death . . . that all the land I have willed to my wife . . . shall go to my two daughters Susan + Celia and their heirs to be equally divided between them share and share alike . . . As I have given all of my children that have mar-ried and left me some personal property to go to house-keeping . . . to each of my daughters Susan and Celia a cow and calf . . . all my personal property of any kind remain in the possession of my wife during her natural life and after her death . . . it all to be sold and the proceeds to be divided equally between all my children and my grand children my grand children to get the same part that their parents would if they were living . . . if my wife should think there is more personal property left to her than she can manage to good advantage . . . that my executors have privilege and authority to sell any such property at any time and dis pose of the proceeds as I have here to fore directed . . ."
Howell Harwoad (signed)
Executors: my two sons Emsley and Absolom
Witnesses: J. M. Long, I. K. Loflin, M. Moose and Reddin Shoe
Codicil (August 16, 1865): ". . . to each of my daughters Susan + Celia a good horse beast this codicil is made and executed on the same day and time that the foregoing will is published + executed . . ."
Howell Harword (signed)
Witnesses (Codicil): J. M. Long, Reddin Shoe, M. Moose and I. K. Loflin
pp. 6-7
Will of Daniel McLester
Will Date: September 10, 1866
Probate Date: May 4, 1870
" . . . unto my beloved wife Mary McLester during her natural life all my real and personal estate . . . my beloved wife shall have the power and right to sell any of my estate personal or real whenever she may deem it necessary for her support and comfort and to make the pur-chaser a fee simple right . . . that my beloved nephew J. D. McLester and his wife shall come and live on my plantation and in my house and shall support my self and wife so long as we or either of us may live and if they support my wife during her life I give . . . unto my beloved nephew J. D. McLester and his wife whatever of my estate real or personal which my wife shall have not have disposed of at her death to have and to hold to them and their heirs forever Now if in case my beloved nephew J. D. McLester and his wife should leave my plan-tation and fail to furnish a support for us or to take that care of us that may be necessary for our comfort then and in that case they shall leave my personal property worth as much as it was when he took charge of it . . ."
Executor: my beloved nephew J. D. McLester
Witnesses: M. J. Calloway and V. M. Carter
pp. 8-10
Will of George F. Smith
Will Date: [No day or month listed] 1868
Probate Date: August 20, 1870
". . . In addition to what I have before given to my son Edwin H. Smith and equal part of all my estate which is not already given . . . In addition to what I have already given to my son Whitman H. Smith it is my desire he should have an equal part of all my estate which is not already given . . . In addition to what I have already given my son Willington D. Smith deceased I give . . . to his daughter Mary Smith a note that I have against W. D. Smith for $1006 principal . . . In addition to what I have already given to my daughter Nancy F. Freeman deceased I give to her 2 sons Henry & Edmund Smith and equal part with the rest of my beloved children. I give to A. C. Freeman fifty cents . . . to my daughter Aranna Smith one side saddle two feather beds steads and fur-niture belonging there to one chest one bureau half dozen chairs also the walnut table that we make use of one cow and calf and sow and pigs also six hundred Dollars in cash to be paid out of the property that is sold then to receive her equal share with the rest of my children I lend her my house as she wishes to live in it as long as she remains single if she marries she must give possession to my son George C. Smith . . . besides what I have already given to my daughter Ann Eliza Parker it is my desire she should have her equal part . . . Besides what I have already given to my son George C. Smith I give . . . all this tract of land where I now live containing five hundred acres more or less also my mill and contents also his equal part with the rest of my children I wish my executors to collect all the property that remains not already given and sell it it and make an equal distribution between themselves and all my living children the property to be sold one Cotton Gin 1 thrash 1 fan mill 1 cane mill and boiler 1 set Bl Smith tools all of my hogheads and barrels belonging to the wheat house and cellar also all of my house hold and kitchen furniture that has not already been given also my horses and cattle and hogs + c. also my notes and money to be equally divided among my children share and share alike . . ."
Executors: my said sons Whitman H. Smith and George C. Smith
Witnesses: L. Green [will]/Lafayette Green [probate] and J. M. Redwine
pp. 11-13
Will of David Eury
Will Date: November 16, 1864
Probate Date: April 2, 1872
". . . to my eldest son Daniel Eury my home tract of land wherupon he now lives containing one hundred acres to have and to hold to him and his heirs in fee simple for ever for myself and my wifes mantinance our life time and also one Brown cow + heifer . . . to my oldest daughter Cristeny one heifer white + Black spotted . . ."
David (his mark) Eury
Executrix/Executor: my trusty friend my wife Susanna [will]; Daniel Eury [probate]
Witnesses: J. T. Ramsy and J. C. Gilbert
pp. 14-15
Will of John Ridenhower
Will Date: August 4, 1855
Probate Date: August 19, 1872
". . . to my wife Elizabeth all my Estate to manage as though I was a live as long he lives. and at her death my Executor shall sell all my personal property and also the plantation where my son Soloman Ridenhower now lives and shall be divided as follows, My son Moses Ridenhower shal have the note that I now hold against him for the sum of one hundred and forty eight Dollars and seventy cents, and my son Soloman Ridenhower shal have the note that I now hold against him for ninety six Dollars and ninety six cents and to my son Daniel Ridenhower I give fifty Dollars, and to my grand son Daniel Ridenhower I give twenty Dollars, and the Ballance of my Estate shall be equally divided amongst the rest of my heirs namely, Aaron Ridenhowers children shal have one shear and my son Phillip Ridenhower one shear and my dauters namely, Elizabeth, Pagga, Lidia and Mary, one shear each after my Executor pays for Tomb Stones for my grave and that of my wife . . ."
Executor: my son Phillip Ridenhower
Witnesses: John Moose, Charles T. Ridenhower and D. E. Ridenhower
pp. 16-18
Will of Sarah Almond
Will Date: March 18, 1848
Probate Date: November 2, 1872
". . . to my Eldest son Killis one cow . . . to my dauter Susanah one cow . . . my third of the land and all the personal property which I now own to the children which is now withe me, Namely, Polly, Martha Adam, John, Sarah, Julian and Franky to be for their benefit and support while [?] they are together and as they marry or leave the old home; to have one cow and one bed and the Girles the same withe one wheel and cards. Then if any property remains divide it between Julian, Franky and Roena . . ."
Sarah (her mark) Almond
Executor: my trusty friend Edmand Almond [will]; Adam C. Burris [probate]
Witnesses: Dn. W. Huneycutt [will]/ Daniel W. Huneycutt [probate] and Green Almond
pp. 19-22
Will of John Lowder
Will Date: May 15, 1872
Probate Date: December 10, 1872
". . . to my beloved wife Margaret Lowder if She is the longest liver, all my lands namely the tract of land on which I live cantaining Two hundred and Forty Seven acres bounded and adjoining the lands of Ebin Hearnes land. The Jacob Shoffner lines and Jacob Kimers lines. Lying on the wendfield Road See the 3 deeds to the said lands. also one Tract on the waters of big Long Creeke, Cantaining one hundred and fifty acres bounded by the lands of Jacob Lowder, Isham Coley and Kimer lands See the deeds for said lands, also one Tract of Land on the waters of Bare creeke, Cantaining three hundred and seventy six acres, Bounded by the lands of Keziah Harword John Eudy. Omy Hearin + Ransom Furr + others cauled the Killis Almond Lands. See the deeds of the Killis Allmond Heirs to me and the plat representing the Butl [?] and Bounds, courses and distances of said dis-cribed lands all the above lands . . . to my wife if she Should be the longest liver during her natural life . . . after her death the above discribed Lands . . . That they be dived Equally among all my children Sarah Poplin the wife of John Wesly Poplin. Daniel Lowder junior Mary Lowder Geline Lowder, Francis Lowder, + Elizabeth Lowder as their own Lands . . . to their use not to be sold and wasted their lifetime and after their death to their children . . . to my wife Margaret Lowder If she is the Longest liver all of personal property of what ever discription, namely all my household + kitcheon furniture, all my Stock of Hores and Mules, all my Stock of cattle, Sheep and Hogs Farming Tooles wagon and Smith Tooles subject to the followinng provisions . . . That I have Given in advance Sarah Poplin one horse valued fifty Dollars. and I have Given my son Daniel Lowder, one Horse valued fifty dollars as their own property. now I will that my wife if they rais them that She give each of the other children that I have not given anything or made no advancements. one horse to each to make them equal and if in the event she cannot rais them at her deth they are to have fifty Dollars. Extra before Sarah Poplin and Daniel Lowder, can come in. also as I have Given Sarah one cow that my wife Shal give each of the other children one cow each to make them equal. and after her death, that all the personal property be Sold and divided equally among all my children . . . if any of my children that is now withe me Shal have a home here withe her as long as she lives. or so long as they wish to stay on the place. they are not to be deprived of a home until after my wifes death. and and Equal Distribution of my lands. is made to them as a bove . . . that all my Dockter bills be paid out of the first money that comes to hand . . ."
Executrix: my beloved wife Margaret Lowder
Witnesses: A. J. Shankle and B. Mabry
pp. 23-24
Will of W. A. Morton
Will Date: November 22, 1872
Probate Date: December 23, 1872
". . . To my beloved mother Elizabeth Morton . . . one third of my entire estate and the remaining two thirds to my natural daughter Dally Morton who is now living with my mother said Dally Mortons mother was at the time of Dallys birth Mis Ann Almond it is my desire that the above named child shal be well educated and that my Executor select a suitable person as guardian. and I hereby authorize my Executor to sell my stock of goods at Big Lick privately at wholesale or retail and if not sold by the 1st of March 1873 then advertise and sell at public auction . . ."
Executor: Archabald Roberson [will]; Joseph Marshall [probate]
Witnesses: Alexander Fail and John L. Henderson
pp. 25-26
Will of Thomas A. Palmer
Will Date: July 13, 1873
Probate Date: September 25, 1873
". . . being in feble health . . . to my beloved wife Julia A. Palmer the tract of Land and farm on which I now live and all the property in doors as well as out doors except one young mule, during her natural life or widdow-hood, at her death or marriage should such a consumation as marriage take place, that my entire Estate both real and personal be sold and divided among my children, first giving my bloved son George Daniel two hundred Dollars, the balance to be equally divided among my several heirs, and in the event that my wife marries after the two hundred Dollars is taken out afor the afore said George Daniel, for her to have an equal share with each child . . . the tract of land lying on the Salisbury Road, and also the above named mule be sold at private sale by my Executor . . . out of the proceeds of the sale of said property - pay all my just debts and the remainder remain in the hands of my Executor as Trustee for the purpose of educating my several Children, and Should the proceeds of such sale be not expended for the education of my Children to be applied as my other estate, giving each child an equal share . . ."
Executor: my beloved brother John L. Palmer
Witnesses: S. S. Stone, T. A. Harris, and G. B. Bright
pp. 27-28
Will of Ransom R. Bryant
Will Date: No date listed in will
Probate Date: March 12, 1875
". . . feeling that my earthly existance may soon come to a close . . . to my beloved wife Rosannah Jane Bryant and my Daughters Arrebella Bryant and Ashley R. Bryant all and every species of property that I may be possessed of at my death - My beloved wife Rosannah Jane Bryant is to have + hold sole control of all I possess her lifetime and if Arrebella will behave her-self, and be controlled and advised by her mother she is to give her her part of what remains as she thinks best: And she R. J. Bryant is to educated Ashly R. Bryant the best she can out of what is left at my death. My wife R. J. Bryant is to have all I leave her lifetime only with the above exceptions, if anything remains at her death to be equally divided between the two above named children if they conduct themselves right . . ."
Executor: L. M. Clenny
Witnesses: George K. Cadwell and Sophronia T. (her mark) Foreman [will]; Sophronia T. Burris (formerly S. T. Foreman) [probate]
Note: "Mrs Rozanah J. Bryant comes in to the Probate court and desents from the foregoing will the 30th Septr 1875".
pp. 29-31
Will of Richard Carter
Will Date: April 2, 1875
Probate Date: April 12, 1875
". . . in feble health . . . to my beloved wife Nancy Carter all my lands that I now own , to be hers during her natural life or widow-hood, to use and do with as she may think best: and if in her judgment she thinks best at any time, to sell off some of the lands. she is hereby authorized to do so by getting a fair price for it . . . to my beloved wife Nancy Carter my two horse wagon and gear, my Black horse and my bey mare. and one cow and calf, her choice, and one beef yearling, and Three Hundred dollars in money, she first paying all my just debts. and all my stock of hogs and sheep and all my house hold and kitchen furniture - except such as I shall herin-after give to my children - and at her death or marriage, then I want all my property sold. and equally divided betweene all of my children share and share a like . . . to my daughter Rebecca E. Carter one bed and furniture and one heifer . . . to my daughter Priscilla S. Carter one bed and furniture, one cow, and one Trunck . . . to my daughter Narry Josephine Carter one bed and furniture, and one cow . . . to my son John A. Carter one bed and furniture and one cow. and sixty five dollars in money to buy him a horse to be paid to him, by my Executrix . . . when in her judgment is best, and also when it is convenient for her to do so . . . to my beloved wife Nancy Carter all my farming tools of every description . . . my Executrix to sell all the surplus of my property that I have not disposed of in this my will at public sale. first be sure to keep enough wheat, meat and corn for the use of the family . . ."
Richard (his mark) Carter
Executrix: my beloved wife Nancy Carter
Witnesses: Eben Hearne and T. A. Lowder
pp. 32-34
Will of Green Palmer
Will Date: November 3, 1864
Probate Date: June 2, 1875
". . . I Green Palmer . . . to Anna Palmer formerly Anna Rodgers. all the estate of every kind which She now has in her possession or had at the time of my marriage withe her This is to include all interest that may be due me in right of her deceast children, I give to her every kind of property and estate which She would have belonged to her had She never married me. This legacy to be all that She is to receive out of my estate - my object in marrying her not being to leave her at my decease in a worse condition than before our marriage . . . that all my real estate be Equally divided amongst my children Janes M Palmer. Alexander Palmer, Sallie Barnhardt + Elizabeth Troutman - but no division to take place until after peace Shall have been restored in the present war . . . that my real estate shall not be divided until after a settlement of our present unhappy difficulties . . . to my Daughter Lundy Misenheimer a negro named Jack. the said Legacy being all that I desire her to have out of my estate, besides, Sine a negro woman, and her four youngest children, now in her possession - The negroes not disposed of . . . to my four Children James M. Palmer. Alexander Palmer Elizabeth Troutman + Sallie Barnhardt. to be equally divided betwene them. The said division to be made by my friends John Moose of Cabarrus Daniel Lefler Esq. and Eben Hearne. and should from any cause, one of the above named men refuse or neglect to attend to said request, then the other two to select a disinterested man to aid them in said division, there Compensation to be paid by my Executors. the said negroes not to be hired out, but divided as aforesaid, no final division however, until after the settlement of the foresaid war. The said Legatees to have the said negroes until after peace . . . Each Legatee to pay the Taxation on the negroes held by by them . . . All the balance of my estate of every kind including all stock, household and kitchen furniture, farming tools, grain, provisions in fact every thing . . . to be equally divided by the said Commissioners into four lots, at specie valuation, and one lot each to be assigned by said Commissioners to my four children James M. Palmer, Alexander Palmer, Elizabeth Troutman, and Sallie Barnhardt. it being my wish that there shall be no sale, of my property but to be divided as before stated . . ."
Greene Palmer (signed)
Executors: my son James M. Palmer and son-in-law John A. Troutman
Witnesses: Fannie J. Kendall and D. A. G. Palmer [will]; D. A. G. Palmer "being dead" when will was proven. Joseph Marshall and Lafayette Greene "each sware that they are well acquainted with the hand writing of the said D. A. G. Palmer Deceased. and that his name is assigned to said Will, as an attesting witness was his own proper handwriting." [probate]
pp. 35-36
Will of Nathan Rumage
Will Date: June 5, 1866
Probate Date: September 19, 1874
" . . . to my beloved wife Rebecca all my home tract of land and all my house + kitcheon furniture. one claybank mare. Two cows and calves. all my hogs and sheep to hold as her awn property during her natural life or widowe hood. Also my wagon + gear, after the death of my wife Rebecca . . . to James Allen Rumage my wagon also one Froe [?] and one log chain. . . . to my son Harris Rumages Heirs, Two Acres of land on the East Side of the winfield road up and down the Road Round the Barn . . . After the death of my wife . . . all my lands that I have to her. her lifetime, to Judy Wesly Rumage and Urgina Allen Rumage, Heirs of Harris Rumage . . . to be equally divid-ed between them, in case Either Judy Wesly Rumage or Urgina Allen Rumage Should die without heirs of their boddy the survivor is to have all the land given to the two. Nathan Rumages heirs has the land which I have already Deeded to them . . . to Judy Wesly and Urgina Rumage all the personal Estate except the wagon, that I have given to my wife . . . after my wifes death . . ."
Nathan (his mark) Rumage
Executrix: my beloved wife
Witnesses: W. J. Montgomery and Joseph Marshall
pp. 37-38
Will of Thomas K. Colson
Will Date: July 23, 1875
Probate Date: August 6, 1875
". . . all the ballance of my entire estate . . . to my beloved son Thomas Colson consisting of Lands, Stock, monies, notes, and every thing in the way of Stock or property that I have an Interest in. . ."
T. K. (his mark) Colson
Executor: my son Thomas Colson
Witness: T. A. Lowder [will]/Thomas A. Lowder [probate]
pp. 39-41
Will of John Brooks
Will Date: January 6, 1869
Probate Date: August 13, 1875
". . . to my Daughter Beda Ann Greene ten Dollars in addition to what she has already receved . . . to my Daughter Mary Jane Simpson ten Dollars in addition to what she has already received . . . to my Daughter Margaret Matilda Brooks ten Dollars in addition to what she has already received . . . to my daughter Martha Elander Brooks ten Dollars in addition to what she has already received . . . to my Daughter Lydia Adeline Dry ten dollars in addition to what she has already received . . . to my son Joshua Brooks all the remainder of my estate, both real and personal . . ."
Executor: my trusty friend Joshua Brooks
Witnesses: A. Huneycutt, J. W. Huneycutt, E. M. Huneycutt, and A. J. Huneycutt
pp. 42-44
Will of Paul P. Furr
Will Date: April 10, 1860 [The date was written as April 10, 1876 in the will, but written as April 10, 1860 when will was proven. Since slaves were mentioned in the will, the year of 1860 is obviously correct and the year of 1876 must have been a transcription error by the clerk.]
Probate Date: September 30, 1876
". . . of the county of Cabarrus . . . being Somewhat avanced in years, and in low State of health, and weak in boddy . . . that my beloved wife Eve Furr Shall Sell the black woman Martha + her child Harriett if living to pay my just debts . . . unto my beloved wife Eve Furr all the remainder of my estate both Real and personal, under her entire control + dominion as long as She keeps my name and lives in her widowehood. but in case . . . She Should choose to intermarry again . . . that all my person-al Estate be put to public sale to the highest bider . . . and the proceeds of Such sale be all Equally divided among my beloved wife Eve Furr and all my beloved children then living shear + shear alike . . . and all my Real Estate, it is my will that beloved wife Eve Furr is have one third part thereof, and the remaining two thirds is to be Equally divided among all my children . . . by partition or Sale as it may Seem most Expedient to the Interest of my Said children . . ."
Paul P (x) Furr
Executrix and Executor: my beloved wife Eve Furr and my son Adam
Witnesses: G. B. Davis and D. C. Efird
Note: In the Probate court on August 1876 "Eva Furr wife of P P Furr Decd comes in to open court and enters her dissent to the paper writing purporting to be the last will + testament of said P. P. Furr She further renounces her right as Executrix".
p. 45
Will of Caleb Osborn
Will Date: June 18, 1876
Probate date: January 1, 1877
". . . to my beloved wife and daughter Farby, Mary Abagiel. Laney, Bitha Jane, Martha Delana, and Tempy Caroline, all my lands on which I now live, all my stock of all kind, all the growing crop on hand to use and do with as they see proper . . . to my two sons, my wagon and two guns, and ten Dollars apiece . . . to Martin Carriker + wife Elizabeth, ten dollars . . ."
Executor: my son Joshua Osborn
Witnesses: Wilson Hartsell and J. C. Hartsell
p. 46
Will of Mary U. Almond
Will Date: August 26, 1876
Probate Date: January 29, 1877
". . . to my beloved Sister Rebecca L. Mann my whole estate both personal and real . . . every thing I own except what I shall now name, One Dollar to Sister Jane Burleyson wife of Deric Burleyson. One Dollar to sister Martha B. Mann. One Dollar to mother Elizabeth Mann if you out live Rebecca L. Mann it all falls to mother Elizabeth Mann . . ."
Executor: None [will or probate]
Witnesses: David Pennington and Rebecca Pennington
pp. 47-50
Will of Daniel Freeman
Will Date: March 30, 1871
Probate Date: February 26, 1877
". . . unto my beloved wife Martha Freeman two hundred dollars in specie to be paid to her immediately after my death. one bed and furniture and all her wearing apparel . . . that my wife shall have a comfortable support out of my estate in addition to the bequest above mentioned . . . that she live with one of my sons, whichever she may prefer . . . unto the Albemarle circuit of the Methodist Episcopal Church South one thou-sand dollars to be paid by my Executors . . . to J. C. Bell Eli Shankle, J. M. Bivins, Valentine Mauny + other persons, constituting the board of stewards of said circuit and their successors . . . for the following purpose. "Viz" I will that the Stewards and their successors shall lend or invest said sum in such a way as that it will yield a fair annual interest and that said stewards or their successors shall collect the interest arising . . . and pay it to the Pastor in charge of the circuit aforesaid, and to the Presiding Elder of the District . . . should the Circuit above mentioned cease to be the Albemarle Circuit of the Methodist Episcopal Church South . . . in that case, that said sum shall be paid back to my estate to be divided among my heirs . . . to Martha Bivins wife of J. M. Bivins, one hundred and fifty dollars . . . to my son A. C. Freeman and his heirs, the tract of land on which he now lives, containing 436 acres the metes and bounds of which are set forth in a plat recently made . . . to my son John J. Freeman and his heirs the tract of land on which he now lives, containing 500 acres the metes and bounds of which are set forth in a plat recently made . . . to my sons, A. C. + John J. Freeman, the tract of land on which I now live containing 13 71 1/2 acres to be divided betweene them as follows . . . that the public Road leading from Albemarle to the mouth of Uharie running by the present residence of A. C. Freeman shall be the dividing line betweene my sons. That all that portion of said tract lying North of said road including my dwelling shall be the property of A. C. Freeman and all that portion of said tract lying South of said road shall be the property of J. J. Freeman . . . all the residue of my personal estate, and my real estate not herin devised . . . shall be sold and the funds arising . . . shall be equally divided between my two sons A. C. + J. J. Freeman and their heirs . . ."
Executors: my sons A. C. and John J. Freeman
Witnesses: W. J. Montgomery and S. S. Stone
pp. 51-54
Will of D. F. Mann
Will Date: February 12, 1875
Probate Date: April 5, 1877
". . . to my son James T. Mann Sixty acres of land, lying adjoining James L Hartsell, Jonah A Hartsell + George Thomas . . . to my son Jonah A. Mann Sixty acres of land, lying adjoining George Thomas + Duncan Tucker and if the said son, remains at home until he is twenty one years of age, I bequeath him a horse worth one hundred Dollars . . . to my son William D. Mann Sixty acres of land lying adjoining Duncan Tucker and Jonah Tucker, and if he stay at home until he is twenty one years of age I give . . . unto him one horse worth one hundred Dollars . . . the remainder of my land including the dwelling, and improvements to my wife Malinda Mann together with all my personal property and provisions and money, that is or may be on hand at my death to dispose of as she sees proper - for the raising of the family . . . that my wife Malinda Mann, give to my five daughters, that is to say: Martha J. Elizabeth J. Hester Belle Maggie G. + Sally McCurdy each one bed, and . . . one cow, except Elizabeth Jackson . . . All of which in this item, that I give to my wife Malinda Mann , to be hers in her own right, and property during her widowhood, at the expiration of her widowhood, or at her death, the remainder of the land to be sold, and the proceeds or money . . . to be equally divided betweene my five Daughters . . . Martha J. Elizabeth Jackson, Hester Belle Maggie Genette, and Sally McCurdy and also the personal property and money on hand to be divided equally betweene my three sons and five Daughters . . . to my other daughter Louisa Adeline one dollar in money . . ."
Executor: my son James T. Mann
Witnesses: J. E. Hartsell and D. F. Love
p. 55
Will of Parham Smith
Will Date: November 24, 1871
Probate Date: May 4, 1877
". . . to my beloved wife Martha E. Smith and her heirs the land and premises on which I now live or reside Lying in Lauderdel County and State of Tennessee in Civil District No 2 and bounded as follows . . ."
Executrix: my wife Martha E. Smith
Witnesses: George Johnston and J M Scott
Note: This will was copied and sent from Lauderdel County, Tennessee on March 3, 1877.
pp. 56-57
Will of William D. Watkins
Will Date: February 4, 1878
Probate Date: September 24, 1878
". . . knowing that I am old and infirm and according to nature can not live long . . . Whereas I have one daughter living (viz) Mary .A. Shankle and Fifteen Grand children I will . . . unto my daughter Mary .A. Shankle Just twice the amount, that any one of my Grand children is to have . . . each one of my Grand children be intitled to the same amount of my estate for Instant my daughter Frances died leaving but One heir, that is to receive the same amount that One of the Other grand children receives and no more . . ."
Executor: my son in law Jacob Shankle
Witnesses: T. A. Lowder, W. H. Smith, and Eli Lentz
pp. 58-60
Will of John Huneycutt
Will Date: May 24, 1876
Probate Date: October 14, 1878
". . . to my beloved wife one hundred acres of land where I now live including the mill that is on it to have and to hold to her the said Silvy Huneycutt. so long as she keeps my name. in satisfaction for and in lieu of her dower and thirds of and in all my real Estate . . . to my youngest daughter Maria Prescilla Huneycutt and her bodily heirs all that tract of land on which I now live including the mill - except the life Estate of my wife . . . Mariah Pressilla Huneycutt shall take care of her mother as long as she lives . . . to Mariah Pressilla One cow and calf four head of sheep. four head of hogs - Out of this given by me to my daughter Mariah Pressilla she shall pay Silvy Somery my daughter one hundred Dollars in money . . . to my daughter Fany Caroline the tract of land where she nows live . . . to my son George Washington all that tract of land where he now lives . . . to my son Charley Mciley all that tract of land where he now lives . . . to my son John Timothy all that tract of land he sold to Danil C Hinson . . . to my son Asbery Franklin all that tract of land he sold to John E Clark . . . to my son Leve Presly all that tract of land where he now lives . . . to my son Eli Fillmore all that tract of land where he now lives . . . that all residue of my Estate if any after takeing out the devises and legacies above mentioned shall be sold . . . that such surpluses shall be equally devided and paid to my bodily heirs first giving my son Zebedes two children Calvin Irenus and John Five Dollars in money to each one of them as their legacie in my Estate . . . all the balance after remaining shall be equally divided to my bodily heirs . . ."
Executors: my sons Asbery F. Huneycutt and Eli F. Huneycutt
Witnesses: W. H. Poplin and J. C. Gilbert
pp. 60-62
Will of Jane Lefler
Will Date: January 16, 1877
Probate Date: December 16, 1878
". . . feeble and affected in body . . . to my son James E Lefler my Resedence and appurtenances with the ten acres of land attatched . . . Also one bed bed stead and bed clothing . . . to my son John ten Bushels of Ten bushels of wheat and weight of Bacon one bed bead stead and bed clothing or furniture . . . to James E Lefler one corner cupboard and one clock all my sheep and the fowls of evry kind I want my mule Dick to remain on the farm to to support the family If James remains and the rest remains together - If not and he should be sold I wish him mule dick his prceeds to be equally divided betwen the 3 boys, James E Lefler Danil F Lefler and Thomas J Lefler or if sold by the administrator I claim Forty Five dollars which I paid for Green Lefler my son after his death and which I wish equally divided betwen the 3 youngest boys J E, D F, and Thos J Lefler . . . to my son Danl F Lefler one bed bed sted and bed clothing or furniture on black Heiffer and Twenty Dollars . . . to Thomas J Lefler one bed bed sted and clothing or furniture and one red Heiffer and Twenty Dollars . . . the balance of my property . . . after the above distrebution . . . I wish it sold and equally divided among all my children . . ."
Jane (her mark) Lefler
Executor: Rufus A. Lefler [will]; Columbus Lefler [probate]
Witnesses: D. F. Morris, L. R. Rose, and John F. Miller
Codicil (January 16, 1877): ". . . all my growing crop of wheat corn and oats and all that is all ready made all my bacon to my three sons James E Lefler Danil F Lefler + Thomas J Lefler after my death . . ."
Witness (Codicil): John F. Miller
pp. 63-65
Will of Martha B. Mann
Will Date: February 20, 1879
Probate Date: February 27, 1879
". . . to my beloved Sister Rebecca L Mann my whole Estate both personal and real . . . so long as she lives and if she wants to sell any thing of mine she has a right to sell any thing she pleases and buy any thing she needs, Mother Elizabeth Mann is to shear with Rebecca L Mann in my things she is to shear in the rent of my land . . . When Rebecca L Mann is done with this world if there is any thing left then I will divide among some others My Bird place divide it equally East + West the North End of the tract . . . to Arraner Efird . . . The south end of the tract . . . to Sarah D McLester . . . If any body stays with mother and Rebecca L Mann and rents their land and does a good part by them so long as they live I then give them my Interest in Fathers land whosoevr it be and if no body does it then I give . . . it to Joseph S Burleyson . . . but Daric Burleyson is not to have it any way Sister Jane Burleyson is to have my chest Louisa Ann Burleyson is to have my Sunday Bed two Figered counterpins two quilts and my Beaura [?], Joseph S Burleyson is to have my watch Elizabeth A Burleyson is to have my Saddle, set of cups and sausers, Glapes Looking Glass and coker drinker . . . If there be any cloth or clothing left - it then goes to Sister Jane Burleyson wife of Darrick Burleyson and her children Molly Mann [?] is to have two figered Counter pins two nice quilts Julia Mann two Rebecca Pennington two Sally Ann Fry one Susan An Whitley two and my evry day bed and if there be any thing left divide it equal betwen Elizabeth Hinson widow of Goodwin Henson and Lucretia Henson Elizabeth to divide it and Lucretia to take choice . . ."
Martha B. (her mark) Mann
Executrix: Rebecca L. Mann
Witnesses: Dennis Burleyson and Mary An (her mark) McLester
pp. 65-66
Will of Joseph Pickler
Will Date: February 27, 1877
Probate Date: December 15, 1877
". . . that my beloved wife Jane Shall a reasonable portion of my land during her life time for her support provided she should marry again it is My will that all the lands should be divided amongst my children . . . that after the remainder of my children shall have a bed and furniture given them that my wife Jane shall have all the rest of my household property during her life time . . . that my wife Jane shall have all my horses hogs Cows + Sheep together with wagon and farming tools . . . that my land shall be equally divided in lots amongst my several children . . . that my son John W Pickler shall have his lot laid off at the East end of my land on both sides of the Creek including the mill seat also that my son Joseph Pickler shall have his lot laid off at the upper end of my land where he now lives on both sides of the Creek including his house and spring . . . there shall be no mill built on my land during my wife Janes liftime . . . that my two daughters Martha J and Nancy A Pickler shall live with their mother Jane Pickler as long as they remain single . . ."
Executors: my two sons John W. and Joseph M. Pickler
Witnesses: A. F. Atkins and Charles (his mark) Elliott
pp. 67-71
Will of Benjamin Maulden
Will Date: February 17, 1870
Probate Date: August 5, 1878
". . . to my Son William Stanly Maulden my tract of land being a part or lot of the original tract of land that I bought of Benjamin Lilly Beginning on a stake in the center of the cross Roads of the Concord Road and Winfield Road and runs the old Concord Road west with said Road to Jacob Shoffners line formerly called William Lees line and then runs said Jacob Shoffners or William Lees line to the creek and thence with the creek up to the Winfield or Albemarle road to a red oak on the east side of said road a corner of the old Lilly tract of land and thence from said red oak with said Winfield or Albmarle road South to the Beginning corner stake . . . containing Sixty acres more or less . . . subject to a further regulation which I Shall hereafter make in my will concerning my lifetime and wifes lifetime mantainance . . . to my son George Anderson Maulden my youngest son by my last wife this tract of land whereon I now live it being a part of the land I bought of Benjamin Lilly and the Perry tract Beginning on the Stake in the middle of the cross Roads the cross of the old Concord Road and Winfield Roads . . . said Winfield Road which is the dividing line betwen this lot and James E Mauldens tract which I Gave him . . . to my son George Anderson Maulden an other lot of land including the Perry tract See Perrys Grant for the boundaries of this lot Containing in both lots about one hundred acres more or less. Including my mansion house whereon I now live together with all out Houses and other improvements . . . Subject to another clause of my will concerning my lifetime and the lifetime of my wifes mantainance . . . that I am to have my lifetime Support and mantaince out of the said Willed Lands so long as I live and my wife Elizabeth Maulden is to have her lifetime maintainance or so long as bears my name or remain in widowhood but at her death or second marriage her title to a support or possession on said land ceases . . . that the titles so made . . . to my sons William Stanly Maulden and George Anderson Maulden to my two lots of Land . . . is not confirmed in them until after my death and the death of my wife or her second marriage . . . they are to remain with me and their mother so long as I may live and their mother lives or marrys the second time and make support for us out of the products of said land . . . to my oldest daughter Rebecca Kimra all that I have given her and advanced to her heretofore and she is to have no more out of any part of my Estate . . . to my daughter Martha Foreman all that I have given or advanced to her heretofore and she is to have no more out of any portion of my Estate . . . to my daughter Mary Poplin all that I have given or advanced to her heretofore and she is to have no more out of any part of my Estate . . . to my son James E Maulden all that I have given or advanced to him heretofore and his is to have no more out of any part of my Estate . . . to my son John Wesley Maulden all that I have given or advanced to him heretofore and he is to have no more out of any part of my Estate . . . to my son Noah Maulden all I have given or advanced to him and he is to have no more out of my estate . . . to my Silvina Efird all that I have given or advanced to her and she is to have no more out of any part of my Estate . . . to my son David Maulden all that I have already given or advanced to him and his is to have no more out of any part of my Estate . . . to my son Benjamin Riley Maulden one probated note on Ezikel Burris for the sum of one hundred and twenty Dollars and that is all he is to have out of any part of my Estate . . . to my daughter Jane Efird all that I have given or advanced to her heretofore and Ten dollars in money and she is to have no more out of any part of my Estate . . . to my wife Elizabeth Maulden One bed and furniture and all she brought here to do as she sees fit to dispose of . . . to my daughter Lucy Emeline One bed and furniture and One cow and this is all she is to have out of my Estate and no more . . . to my daughter Ellen Frances Maulden One bed and furniture and One cow and this is all she is to have ^as her part^ out of my Estate and no more . . . to my daughter Julia Louiza Maulden One bed and furniture and One cow and that is all she is to have out of my Estate as her shear and no more . . . to my son William Stanly Maulden my Buggy + Harness . . . all the balance of my property . . . not mentioned in this will . . . that it remain here on the place to raise and support my two youngest children namely George Anderson Maulden and Lourettea Maulden and after my wifes death or second marriage . . . it is to be equally divided betwen the two last named Children . . ."
Benjamin (his mark) Maulden
Executors: my trusty son James E. Maulden
Witnesses: A. J. Shankle and L. M. Clenny
pp. 71-73
Will of Douglas M. Smith
Will Date: September 4, 1876
Probate Date: January 10, 1877
". . . that the residue of my Estate Shall be put out at Interest and the ammount of Interest shall be paid to my beloved and kind mother anualy during her lifetime . . . after the death of my mother and when the Interest has accumulated to a sufficent ammount it is my will that my executor shall have Toom stones put up - at the graves of myself, my beloved wife and my dear child . . . that the Interest Shall be applied to the advancement of the Sunday school cause at Stoney Hill Church now under the care of the Methodist Episcopol Church South to be applied in the way and maner that the superentendant of said school may think best - said Interest shall not be at any time at a greater rate then Six per cent - further that if at any time the graves above mentioned should at any time need repairing the Exspence shall be paid out of the Interest . . ."
Executor: my worthy and trusty friend Freeman H. Smith
Witness: A. C. Freeman
pp. 73-74
Will of James Vanhoy and Juda Vanhoy [When the will was probated, James Vanhoy was listed as the deceased testator]
Will Date: March 26, 1879
Probate Date: May 8, 1879
"I James Vanhoy and wife Juda Vanhoy . . . I make this our last will and testament we bequeath to my daughter Bennety all Real and personal property Consisting of about thirteen acres of Land on which we and her now lives, and all our tools and other property and Bennety to maintain me and wife Juda as long as we live at our death to provide for our Bodies to be decently Burried"
James (his mark) Vanhoy and Juda (her mark) Vanhoy
Executor: None [will or probate]
Witnesses: John Furr and Moses (his mark) Bowers
pp. 74-75
Will of John Morris
Will Date: October 16, 1876
Probate Date: August 8, 1879
". . . by the request of my wife before her death all of my Land after my death to my 9 children namley Martha Morris Robert Morris Mary Morris Rowland Morris Sarah Littleton William Morris Margaret Casper Adline Pennington Henretta Morris to be equally divided amongst them all . . ."
Executor: John F. Lilly
Witnesses: J. H. Fooks [will]/ John H. Fooks [probate] and G. W. Jinkins [will]/ George W. Jinkins [probate]
pp. 76-77
Will of Jane Pickler
Will Date: March 7, 1879
Probate Date: September 12, 1879
". . . that my two Daughters Martha Jane and Nancy A Pickler Shall have all my house hold and kitchen and also one Cow and Calf each and also that they Shall have an equal Shear of all the rest of my property that may be sold at my sale, the reason why I give them more then the rest of my children is they have wate on me so much in my protr=acted affliction . . . my son Joseph M Pickler shall have my Clay Bank horse as he has not had one given him before . . ."
Jane (her mark) Pickler
Executor: my son Joseph M. Pickler
Witnesses: A. F. Atkins and G. K. Shaver [will]/ Geo. K. Shaver [probate]
pp. 78-80
Will of Charles Elliott
Will Date: April 11, 1879
Probate Date: September 12, 1879
". . . to my beloved wife Rebecca Elliott all the land on which I now live to be heres during her lifetime after which said tract of land is to be divided among my children as herein after named . . . that said wife shall have all the house hold and kitchen furniture as alse all the stock and farming tools she may wish to keep . . . that she shall have one years Prvisions . . . that my daughter Margaret P. Shall have the portion of land She nows lives on including the Houses and farm she now occupies beginning at Charles H Kirks lines . . . to W. Lettletons line . . . this Gift takes effect at the death of my wife, In valueing this place the improvements [?] is not to be counted . . . that Temperence S Elliott Shall live with her mother during her lifetime . . . that said Daughter shall the building s I now live in at her mother death including Seventy acres of land, beginning . . . it is also Franklin Bells Corner . . . near George Shavers Corner . . . the building no to be valued, and the land to be valued at a modderate price . . . that Mary Jane Kirk Elizer Callaway Lockey and Mary H. Elliott shall all the rest of my home tract of land to be divided between them my Executors may claim in the gold mine and divid it among my heires . . ."
Charles (his mark) Elliott
Executors: my sons in law George Shaver [will]/George K. Shaver [probate] and Daniel P. Kirk
Witnesses: A. F. Atkins and J. C. Bell
pp. 80-82
Will of Sarah Ann Morgan
Will Date: August 13, 1879
Probate Date: January 15, 1880
". . . that my son James A. Morgan have a good bed, bedstead and furniture . . . that my daughters Mary E. Morgan and Sarah A. Morgan to have the balance or all the rest of my bedding, bedsteads and furniture and all my house hold and kitching furniture with the exception of my weavers loom and gearing to the same, and that they divide the same between themselves and Mary E. to have the loom and gearing extra . . . that my son James A. Morgan and my daughters Mary E. Morgan and Sarah J. Morgan share equally in the remainder of my estate, ie, all my cattle, hogs, and sheep, moneys and credits and mort-gage interest all told every way, and that they divide the same among themselves and that my executor serve in the division of said property for and in behalf of my son, James A. Morgan . . ."
Sarah Ann (her mark) Morgan
Executor: Allen G. Morton
Witnesses: S. C. Little [will]/ Singleton C. Little [probate] and Alison Whitley
pp. 82-83
Will of Fannie Barbee
Will Date: December 16, 1876
Probate Date: April 3, 1880
" . . . unto my beloved son Ransom Duncan Barbee my tract of land whereon I now live containing fifty acres more or less as referen ce in my deed will fully show . . . one sorrel mare and colt and their in crease, and my stock of cattle, hogs and sheep and their in crease, and all my household and kitchen furniture with the ex cep tion of one bed which I will . . . unto my grandaughter Fannie L. Carter . . ."
Fannie (her mark) Barbee
Executor: None [will]; Ransom Duncan Furr [?-probate]
Witnesses: Thomas Lambert Jr, Anderson Lambert, and H. A. Lowder
pp. 84-86
Will of William Eudy, Sr.
Will Date: March 26, 1866
Probate Date: April 2, 1881
". . . to my youngest son Ransom Two hundred and seventy acres of land including my mansion house and out buildings lying on both sides of little Creek . . . to my Daughter Jane wife of Wiley Thomas 38 acres of land where She now lives . . . to my son William sixty two acres of Land lying on the east side of little Creek joining my son Ransom and Jane Thomases lands . . . to my daughter Kisiah wife of George Whitley Fifty two acres of land where on they now live, my will is to do equal Justice to all my heires and ^as^ I hold notes against some of my heirs and I hold there notes against them with the princepal and Interest my will is in evry respect that if there should be any .Legislative power. make those notes. invalued for those heires that I hold notes against to have no Interest in my Estate until the next of my heires herein mentioned shall have a Equal amount with them that I hold notes against . . . now if in case any or all of them should pay up those notes that I hold against them they then shall come in Equal. Or if they shall pay a part, for them to have a credit for the same Or if in case the notes, that I hold against them does not amount to there Equal shear would a ben if in case I had no notes against them when the next of my heires gets to the amount of the notes against the other heires then for them to come in shear and shear alike in mentioning my heire I do not have no refference to my son John, my will is in evry respect towards my son John. for him to have one dollar . . . and no more . . . my heires is as follows. Elizabeth wife of Alison Whitley Lucy the wife of Enoch Curlee my son Jacob Kisiah the wife of Geo Whitley my son Maicheis heires, William + Ransom Sally the wife of Ransom Furr. Polly the wife of William Cariker all to go shear and shear alike . . ."
Wim (his mark) Eudy Sr
Executor: my trusty friend son Ransom Eudy
Witnesses: J. W. Morton and Davidson Lowder [will]; John W. Morton "is dead" and Davidson Lowder "reside beyond the limits of this state" when will was proven. Lafayette Greene and James M. Redwine testified that "the will is written in the hand writing of John W Morton and that the signatures of John W Morton and Davidson Lowder the witnesses to said Will are genuinne". [probate]
pp. 86-87
Will of Hardy Perry
Will Date: January 13, 1860
Probate Date: May 2, 1881
". . . to my beloved wife Lucy M Perry, all of my land or lands. and all of my stock of horses hogs and cattle all of my house hold and kitchen furniture of evry discription and also one small wagon my farming utensils and all of my property of evry kind that I may own at my death . . . and after he decease if ther is any property or effects unexausted by her . . . then for it to be sold and an equal distribution to be made of the proceeds. betwen her children if she has any and if she leaves no children, then let it be sold and be divided betwen my brother + sisters. . ."
Executrix: None [will]; Lucy M. Perry [probate]
Witnesses: A. Ledbetter and Alexander Brooks [will]; Alfred Ledbetter who "is old and feeble and not of sound memory, and not capable of testafying in Court" and Alexander Brooks "is dead" when will was proven. Wibern Hunycutt swears that "the hand writing of Alfred Ledbetter and Alexander Brooks and of the hand writing of Hardy Perry . . . that all of the signitures are true and genuine and in their own proper hand writing he beeing well acquainted with the same having seen them often write and beeing familiar with theirs signatures". [probate]
pp. 88-90
Will of Henderson Kendall (col)
Will Date: August 13, 1881
Probate Date: November 7, 1881
". . . in feeble health . . . that my seven children (viz) Caroline, Elizabeth, Julia, Thomas, Henderson James, Charlie, Threadgill + Rosabelle . Kendall shall have all my property . . . in fee simple forever, on the following conditions (viz) If either of my above named Children shall marry in to the family of Wilson Atkins or of Peter Palmer or of George Palmer or of Hampton Parker Ad Parker Martin Parker Ruben Parker Samel Parker or any of the Parker family or any of the Parties family above mentioned, then and in that case, the one of my children thus marrying into the families above mentioned is to have no part of my estate whatever but his or her part, is to go the balance of my above named children equally . . . to my son Richard Kendall Twenty Five Cents and no more . . . that my seven children above mentioned Shall all live on my home place or tract of land until they all become Twenty One years of age, and then that said tract of land adjoning Nelson Claton Joseph Mabry Mrs Bettie Parker + others containg 90 acres more or less ^shall^ be sold. and the proceeds thereof equally divided betwen them . . . that my personal property shall be kept together unto my youngest child shall become Twenty One years of age. and then to be either sold and the money equally divided or the property to be divided as they see fit among my above named seven children . . ."
Henderson (his mark) Kendall
Executor: D. W. F. Kendall
Witnesses: J. T. Redwine and L. Greene
pp. 90-91
Will of Alexander Biles
Will Date: September 13, 1867
Probate Date: January 9, 1882
"I Alexander Biles . . . to my daughter Tabitha Allen wife of Asbery Allen, all my property real and personal of evry kind and description to have and to hold the same for her seperate use + benefit free from all control + domanion of her husband , during her natural life, and at her death I will . . . the same to her heers . . ."
Alex Biles (signed)
Executrix/Executor: my beloved + dutiful daughter Tabitha Allen; A. H. Rupell [probate]
Witnesses: John A. Lilly and Saml S. Lilly
pp. 92-93
Will of David D. Miller
Will Date: July 27, 1880
Probate Date: December 4, 1882
". . . am in feeble health . . . to my wife Julia D Miller all my property boath real and personal, during her natural life time or widowhood . . . all my land to my three sons John C Miller, Jacob M Miller, + Daniel D Miller to be equally divided between them after the death of their Mother . . . that after the death or widowhood of my wife Julia D Miller all my personal property is to be sold at public Sale, and the proceeds thereof to be dedivided [?] between my Five Daughters as follows, to my daughter Delphina J. Miller, Thirty Dollars, to my daughter Margaret J. Miller Thirty dollars, and to my daughter Julia R Miller Thirty Dollars, and the balance what is left to be eaqually divided between my five Daughters, Eve C Foreman, wife of Atlas Foreman, Corniella R Poplin, wife of Wm Poplin, Delphina J Miller, Margaret J Miller, and Julia R Miller . . . to my son John C Miller one Scythe + cradle, and to my son Jacob M Miller one Scythe and cradle . . ."
David D. (his mark) Miller
Executrix: my wife Julia D. Miller
Witnesses: William D. Sides and Martin M. Poplin
pp. 94-95
Will of Baily F. Smith
Will Date: July 10, 1872
Probate Date: January 2, 1883
"I Baily F. Smith . . . that after my death my Executor shall sell to the highest bidder for cash or on time all my personal property, and he shall get three descent men to value my real estate and eaqually divide it, and the proceeds of the sale of my personal property between Baily Francis Blalock Mary Elizabeth Blalock and Willis Jones Blalock heirs of William C Blalock . . . that my sister Margaret Dry widow of Daniel Dry shall have a home on my Land as long as she remains a widow . . ."
B. F. Smith (signed)
Executor: my trusty and worthy nephew Baily Francis Blalock
Witness: A. C. Freeman
pp. 96-97
Will of Elizabeth Mann
Will Date: June 11, 1879
Probate Date: March 30, 1883
". . . to my beloved daughter Rebeckah L Mann all my personal property . . . except what I shall now name, one bed stid to my daughter Jane Burleyson . . ."
Elizabeth (her mark) Mann
Executrix/Executors: Rebecca L. Mann [will]; Lloyd Whitley and wife [probate]
Witnesses: Thomas Lambert and Julia Lambert
pp. 98-100
Will of Iza Hathcock
Will Date: December 8, 1881
Probate Date: April 12, 1883
". . . that my wife Sarah C Hathcock have the use of all my Lands property evry way told to raise my children til the youngest child is 21 years old, provided She lives and keeps a virtuous life and keeps my name, but in case she should not, I direct that all my personal property be sold and divided with all my personal effects . . . among all my children and wife eaqually . . . that when my youngest child becomes 21 years old that my executor sell all my personal property and divide eaqually with all my personal effects . . . among all my children and wife eaqually except I devise for my boys to have a Horse raised from the farm and receive as they become 21 years old and the Girls to have a Bead Sted and Bed Cow + calf at the same age, In case any of my heirs should fail getting the above named things til the division of my Estate it should be accounted for to them . . . that when all my lawful heirs become of age that my Executor have all my Lands divided eaqually among all my children, and at that time if my wife is liveing and kept herself and name as above directed she have the right to choose which heir have the Lot on which my home stead is and she live with and if the personal affects as above named is not sufficient for her mentainance She shall have it form the Lands . . ."
Executor: A. G. Morton
Witnesses: J. H. Walters and A. M. Cox
pp. 100-102
Will of Rebecca L. Mann
Will Date: No date on will
Probate Date: March 30, 1883
". . . to my beloved Mother Elizabeth Mann my whole estate both personal and real or for it to be put to the use of takeing care of her She cannot manage it I want my executor Travis Redwine to take my whole estate boath personal and real . . . and pay Some person to take care of Mother Elizabeth Mann and See that She is taken care of right if one does not use her right try another, rent my land if you can for her Support. If Lloyd Whitley will Stay on my Land, and rent as much of it as he can well manage, and pay the customary rent for mother Elizabeth Mann Support so long as She lives then at her death I give . . . to him the said Lloyd Whitley my Bird plase fifty Seven acres of Land . . . but if he does not rent Stay and my Land So long as She lives if any other person that She wants will rent it then the Same way I then give and devise to them whomsoever it be my Bird plase . . . but if no one wilnot rent my Land Sell it as She needs it, Sell the Bird place first and See that mother is treated right and has plenty So long as She lives after paying my Executor and Mother has all she wants as long as She lives then if there be any thing yet left it is then to be divaded into five parts . . . to Louisa A Burleyson Two fifths of it . . . to Joseph S Burleyson one fifth . . . to Elizabeth A Burleyson one fifth . . . to sister Jane Burleyson one fifth . . . So long as She lives, then it is to be eaqually divided between L. A. Burleyson, and J. S. Burleyson and E. A. Burleyson . . ."
Executor/Executors: Travis Redwine [will]; Lloyd Whitley and wife Susanah Whitley [probate]
Witnesses: None [will]; William Burleyson, Howell Burleyson, Isaac Burleyson, G. W. Lowder and M. M. Efird. William Burleyson, G. W. Lowder, and M. M. Efird testified that "they are acquainted with the hand writing of Said R. L. Mann and are satisfied that Said paper is the Will of said deceased". Howell Burleyson and Isaac Burleyson testified "that said Will or paper writing was found with the valuable papers of said deceased testatrix". [probate]
pp. 103-105
Will of Nelson Barringer
Will Date: April 1, 1882
Probate Date: May 19, 1883
". . . to my four sons to wit: Daniel G Barringer W. H. G. Barringer Caleb C. Barringer + Mathias D Barringer all my lands lying on Bear creek adjoining the Lands of William Barringer, Wiley Miller, J. L. Peck Wesley Sides, Pearson Misenheimer, Jonas Misenheimer containing . . . Two hundred and fifty Two Acres more or less to be divided in manner and form following . . . that Wm H. G. Barringer shall have his lot where he now lives and Mathias D Barringer shall have his portion layed off so as to include the home place with all the buildings with the further condition that they shall provide for me and my beloved wife Christena a comfortable support during our natural life, and further to take care of my daughter Eliza during the time that she may remain unmarried . . . to my four daughters Anna M Sides, Lunda S Barringer, Laura E Culp and Eliza R Barringer the sum of fifty Dollars each to be made out of my personal property if sufficient to make out the amount: if not to make the remainder out of the Land . . . to my Grand daughter Julia Ann E Barringer the sum of five Dollars in money The Blacksmith tools are to remain here for the use of the family . . ."
Executors: my four sons D. G. Barringer, W. G. H. Barringer, C. C. Barringer and M. D. Barringer
Witnesses: J. S. Misenheimer and J. W. (his mark) Sides
pp. 106-107
Will of Joseph Hall
Will Date: September 2, 1874
Probate Date: None listed for Stanly County [circa 1883]
". . . I Joseph Hall of Portland Middlesex County Counetticutt . . . devise all of my estate, real, personal, and mixed, rights titles and choses in action, and all other property . . . to my dear wife Lucy L Hall with a full power to sell, assign, transfer, convey, and mortgage as I myself now have Should any of the above property be remaining at the time of the death of my said wife the same shall go to Lucy W. Sellue [?] - my niece and to her heirs forever . . ."
Executrix: my said wife Lucy L. Hall
Witnesses: Mrs. B. W. M Lean, Mrs. J. W. Norton, and Frank Sperry
Notes: On November 25, 1879 in Portland, Middlesex County the will was proven by the three witnesses. The Judge of Probate for the District of Chatham, Connecticut "certify that the above and foregoing is a true copy of the last Will and testament of Joseph Hall late of Portland" on March 16, 1883. The Probated Judge of Stanly Co. stated "It appearing to my satisfaction . . . that the foregoing paper writing is the last Will and testament of Joseph Hall late of Middlesex Connetticett has been duly admitted to probate . . . + is in all things regular."
pp. 108-109
Will of Andrew Troutman
Will Date: November 11, 1861
Probate Date: April 25, 1883
". . . whereas my children by my former wife have received some estate from their Grand mother Elizabeth Troutman, now therefore I give and devise my entire estate consisting of one hundred and forty nine acres in Stanly and Twelve and one half acres in Rowan County [County crossed out] together with all of my personal estate and choses in action to my beloved wife Ally Troutman during her life time, and after death to be eaqually divided amongst the children which she now has by me or may hereafter have by me . . ."
Executor/Executrix: Travis Troutman [will]; Alley Troutman [probate]
Witnesses: David D. Lentz and J. M. MCorkle [will]; J. M. MCorkle swears that "he is acquainted with the handwriting of David D Lentz, who is now dead, that the signature of said D. D. Lentz as a witness . . . is genuine". [probate]
pp. 110-111
Will of Richard A. Caldwell
Will Date: August 23, 1869
Probate Date: August 17, 1883
". . . of the County of Rowan . . . to be buried in the Lutharian Grave yard near the graves of my father and mother . . . my wife knows what debts I owe no others to be paid unless Except upon full Proof that thy are Just My plantation in Alabama I give to my wife . . . also to my wife My lands in Rowan County also all my estate real and personal . . ."
Executor and Executrix/Executrix: Eben Hearne and my wife [will]; I. J. Caldwell [probate]
Witnesses: A. J. Dargan and J. C. Puett [will]; John C. Puett. William H. Hearne swears that A. J. Dargan "is dead" and "that he is acquainted with the hand writing of the said A J Dargan and of the said R A Caldwell he having often seen them write and that the signature of the said A J Dargan . . . is in his own proper hand writing and is genuine and that the signature of the said R A Caldwell . . . is in his own proper hand writing and is genuine". [probate]
pp. 112-113
Will of W. J. Lisk
Will Date: July 21, 1883
Probate Date: October 9, 1883
" I W Lisk . . . to my son John W Lisk all my tract of land where I now live . . . adjoining the lands of Thos Colson John W Lisk + others . . . to include my dwelling and all other appurtenances . . . the said John W Lisk shall be requaired to live with and provide for me and my wife (his mother) with all the necessaries of this life, during our earthly existance . . . the remainder of all my estate to my son John W Lisk and daughter Mary Smith, and then to her children, to be equally divided . . . by each selecting a disinterested party and the said two selected parties to choose a third party to divide and value and allot to each their portion . . . John W Lisk shall be entitled to all the crops - that may be on hand or growing at the time of our deaths . . ."
W. J. (his mark) Lisk
Executor: my son John W. Lisk
Witnesses: M. L. Barnhardt and G. H. A. Lilly
pp. 114-116
Will of Jarrett Carter
Will Date: October 7, 1882
Probate Date: November 1, 1883
". . . to my daughters Lettetia Carter and Mary Carter Fifty acres of Land to include my present dwelling house, and all out houses connected therewith during their natural lives or as long as they remain Single, and in ^the^ event of the death or marriage of either of them then to the Survivor during life or while She remains Single . . . to my beloved daughters Letitia + Mary Carter all my house hold and kitchen furniture . . . This is intended to provide them a home and comfortable living during their natural lives or as long as they or either of them remain Single and unmarried . . . After my death . . . my Executrix herein after named to Sell all of the balance of my estate both real and personal . . . on Such terms as they may be advised or think best: and to divide the proceeds of such Sale Equally among my children and grand children as follows, Except as hereinafter named . . . to my two daughters Letitia + Mary Carter my two horses and after their death then Durant Arnold Carter and Thomas Solomon Carter are to have Said Horses. Equally among Nancy Marks, Jane Laton wife of Green Laton, Sarah Russell wife of J. C. Russell Letitia Carter, Mary Carter + Sarah Thomas Carter my grand daughter, I also give to the heirs of my two sons Whitson Carter and Solomon Carter Twenty five cents each and no more, as I have advanced my two Sons Whitson + Solomon in their life time to make them equal . . ."
Executrixes: my two beloved daughters Letitia Carter + Mary Carter
Witnesses: J. M. Redwine and J. T. Redwine
pp. 117-118
Will of J. T. Redwine
Will Date: April 7, 1884
Probate Date: May 12, 1884
". . . to my father J. M. Redwine my house and lot in the town of Albemarle Because I have given my father my house and lot above mentioned I request and require him to pay each one of my brothers + Sisters (viz) J. P Redwine Joyce Ramsey Adelaite Coggin, Sarah R Smith, Esther Redwine Josephine Tyson, and Dora Lee Redwine the sum of one hundred Dollars each to be paid by my Executor out of my life Insurance Policy in the Knights of Honor Should he collect the same In consideration of the kindness Shown me by my Sisters Esther, Josephine, and Dora Lee, I give . . . to them Fifty Dollars each in addition to what I have already given them . . ."
Executor: my father J. M. Redwine
Witnesses: H. H. Davis and S. J. Pemberton
pp. 119-120
Will of Joseph Marshall
Will Date: December 13, 1882
Probate Date: October 7, 1884
". . . I Joseph Marshall . . . all the remainder of my Est to Louisa Thomas Hearne Daughter of W. F. + Sarah Hearne provided she lives to be married then to her husband her heirs if not to go back to P. W. Austin my neffu [?] . . . my Executor . . . to hold this property in case that she or her husband may be likely to waist it . . . give him the full controle of it so that he may take proper care of it . . ."
J. Marshall (signed)
Executor: S. J. Pemberton
Witnesses: None [will]; L. Green testified "that the said will was found among the valuable papers and effects of the said Joseph Marshall after his death to wit: In a drawer with Deeds, and notes and receipts in the House of the said Joseph Marshall". I. W. Snuggs, James R. Melton and James D. Cagle testified "that they are acquainted with the hand writing of the said Joseph Marshall having often seen him write . . . that the name of the said Joseph Marshall subscribed to the said will, and the said will itself . . . are in the hand writing of the said Joseph Marshall". [probate]
Note: N. J. Marshall appeared in court on October 10, 1884 and stated that she "hereby dissent from the Will of my deceased husband Joseph Marshall, and I hereby express my desire to receive my interest in his Estate as if he had died intestate".
pp. 121-123
Will of Ransom Motley
Will Date: March 5, 1884
Probate Date: June 7, 1885
". . . to my oldest Daughter Malendy wife of William Eudy the sum of Twenty five Dollars . . . to my daughter Sally formerly wife of Eli R Herrins Two heirs Twenty Five each that is to say that Tenia Harwood wife of David Harwood + Betty Herrin Twenty Five apeace. . . to my daughter Margret wife of C. L. Harky all of that tract of Land that they now live on + Twenty five Dollars . . . to my daughter Jimemia wife of Eli R Herrin all that tract of Land known as the Motley old place the boundries of which will be found by reference to a deed from me that the said Jimemia now holds, and I also give . . . to the said Jimemia Herrin all my property real and personal and of whatever that is not otherwise conveyed in this will . . . is to be sold and the money is to be put at Interest for the said Jimemia Herrin + her bodily heirs . . . to Mary + Molly Huneycutt jointly a certain tract of Land bounds as follows Begining . . . Duncan Tuckers corner + Jimemias corner . . . corner of the Lefler place . . . being the tract of land that I now live on . . . the following personal property, one choice Horse, one choice cow + calf, 4 choice Hogs, 2 choice sheep 12 choice chickens, 1 choice plowstock, 2 choice plowshovels, 1 choice pair of gear + bridle 1 choice ax 2 choice weeding hoes, 1 wash pot, 2 water buckets, 1 choice bed stead, and bed clothing sufficient for a good bed 1 little Spinning wheel 1 set cups + saucers one set of knives + forks 1 set plates, 2 milk crocks, 1 skillet . . . the sum of Twenty five Dollars each and all of the growing crop that is on the plantation at the time of my death, and plenty of support to mentain them 12 months . . ."
Ransom (his mark) Motley
Executor: None [will]; Eli R. Herrin [probate]
Witnesses: Rufus A. Almond and J. T. Almond
pp. 124-125
Will of Alfred Ledbetter
Will Date: September 10, 1880
Probate Date: January 1, 1886
"I, A. Ledbetter . . . to my wife Tempy Ledbetter my Land including the field whereon my buildings is situated . . . after her death for my son C. T. Ledbetter to have and possess the same and all the Balance of my Lands including the tract whereon I now live by his paying my daughter Malinda Yow One Hundred Dollars and my Daughter Lidia Adline One Hundred Dollars and Tempy Caroline One Hundred Dollars and Nancy my Daughter One hundred Dollars that C T Ledbetter is to pay half the above named sums in two years and in the other half in Four years from the time of my death . . . C. T. Ledbetter my wagon . . . care of and supporting his Mother as long as she lives . . . to my wife the Jennet I now own also one good bed and furniture also one cubboard and Bureau and necessary furniture therewith also necessary cook vessels . . . Fifty Dollars in cash and if there is any surplus left at her death . . . to sell it and Equally divide it amongst all of my Daughters and all the balance of my personal property . . . to sell it at my death and make an Equal division of the same amongst all of my Daughters . . . also all the money that I may have and all the debts owing to me . . . reserving out of the proceeds of the same Fifty Dollars for my Grand son Cornelius Ledbetter and Fifty Dollars to my Grand Daughter Ida. Ann. Ledbetter and Fifty Dollars to my Grand Daughter Minnie Ledbetter . . . I the said Alfred Ledbetter set my hand . . ."
A. Ledbetter (signed)
Executor: my worthy friend F. G. Turner
Witnesses: Dr. R. A. Anderson and J. T. Turner [will]; James D. Tucker testified that R. A. Anderson "resides out of the State of North Carolina" and that J. T. Turner "is dead" and that he "was well acquainted with the said J T Turner having known him for more than Twelve years . . . is well acquainted with the handwriting of the said J T Turner having often seen him write and having gone to school with him for a long time and having lived on the same plantation with him for six years and that the signature . . . is the genuine and proper handwriting of the said J T Turner". I W Snuggs testified "that he is acquainted with the handwriting of Dr R A Anderson . . . and that the signature to the said paper writing is in the genuine and proper hand writing of the said Dr R A Anderson". John O. Ross testified "that he was and is well acquainted with the handwriting of the said Alfred Ledbetter . . . and that the signature to said paper is in the proper and genuine handwriting of the said Alfred Ledbetter". [probate]
Note: "This is to certify that the $50 00 willed to me in this will by A Ledbetter has been paid to me in full by C. T. Ledbetter on the 8th day of September 1894. C. S. Ledbetter" was written along the margin of will on page 124.
pp. 126-127
Will of William H. Smith
Will Date: March 19, 1873
Probate Date: September 1, 1873
". . . to my beloved wife Wincey J Smith one half of my personal estate. for her sole use and benefit during her natural life . . . the remainder of my personal estate to my Children . . . my Executor . . . to sell either privately or by Public auction all of my Real estate consisting of Town in the Town of Ripley and county of Lau-derdale State of Tennesee . . . my said Executor to pay over to my wife for her sole use and benefit during her natural life, one half of the proceeds of said sale of said real estate . . . the remainder of my estate to my Children to be equally divided between them . . . my Executor pay over to my wife all of the money arising from the sale of my property either real or personal and herein given to my Children my wife to hold and manage said bequest for the sole use and benefit of my Children . . . desire her to pay over to my Children their respective Shares of my estate when they arrive at the age of twenty one years or when they ^may^ marry . . ."
Executor: my father Parham Smith of Ripley Tennesee [will]; William H. Randle [probate]
Witnesses: J. M. Ross, S. J. Pemberton, and W. H. Randle [will]/W. H. Randle and W. H. Randall [probate]
pp. 128-129
Will of Susanah Smith
Will Date: March 12, 1884
Probate Date: October 28, 1885
". . . being weak in body . . . unto my beloved Daughter Nancy A. Smith one Clock one Cupboard and its contents one spining wheele one wash pot four chairs one churn + four crocks one dinner pot one Trunk one sifter + tray one Lard jar All my knives + forks one venigar jar one large table with drawers one large Skillet one half of my Bed Clothes + wearing apparl One Bed that I have before given to her one Milch Cow . . . unto my beloved Daughter Martha J Blalock one feathr Bed and Sted one old chest one small Painted table one half of my Bed clothes + wearing apparel . . . that all other Property in my residence not named in this will belongs to my Daughter Nancy A Smith . . ."
Susanah (her mark) Smith
Executor: D. M. Ross
Witnesses: D. J. Allen and J. E. Underwood
pp. 130-131
Will of Tempy S. Elliott
Will Date: There was no date listed on will, but A. F. Atkins and B. F. Bell testified on June 7, 1886 that "the will of Temperance Elliotte hereto annexed which does not bear any date was executed on Jany 4th 1886 and that the date was inadvertently omitted by the Draftman".
Probate Date: June 7, 1886
"I Tempy S Elliotte . . . give Elizar Calloway one Bureau + one saddle . . . to Margaret P. Shaver one bed and sted one Bureau . . . also half of my thirty five acre tract of land . . . to Mary J. Kirk one bed + sted one sufe [?] one wash pot and cook vessels one Cow and four sheep also the other half of my thirty acre tract of land . . . to Locky B Elliott my watch . . . to Mary H. Fesperman one trunk . . . to sister Martha Clayton three youngest Children one chest one table one looking glass also one ten acre tract of land which I value at thirty Dllars . . . my bed cloths and other cloths divided between the several heirs . . . the mony lft by me and mony due me be equally divided between Elizer Caloway Margaret P. Shaver Mary J. Kirk heirs of Elisha Elliott + heirs of Martha Clayton the three youngest children there three children must have counted out the thirty Dollars in consideration of the land given them before mentioned . . ."
Tempy (her mark) Elliotte
Executor: D. P. Kirk
Witnesses: A. F. Atkins and B. F. Bell
p. 132
Will of W. H. Watkins
Will Date: April 5, 1886
Probate Date: June 16, 1886
". . . my present wife G. P. Watkins shall ^there^ be constituted sole owner of all the property that I may then own both real and personal . . ."
Executrix/Executor: wife G. P. Watkins [will]; H. W. Spinks [probate]
Witnesses: None [will]; H. W. Spinks and P. F. W. Stamsy [?] testified that "they are well acquainted with the hand writing of the deceased . . . that the foregoing is in the hand write of W. H. Watkins".
pp. 133-135
Will of Wilson Hartsell
Will Date: April 20, 1886 [The date was listed as April 12, 1886 when will was proven.]
Probate Date: No full date listed, only 188
". . . to J. F. Teeter + wife Hester Tilitley that tract of land on which he now lives . . . to Morgan Swarringain and wife Mary S that tract of land on which he now lives . . . to Sarah Elizabeth Yow that tract of land lying in Big Lick township known as the L. C. Burris land I will this land to her only + to her bodly heirs in case she should die without heirs it is my will the Land should be put to sail and the proceeds, theroff equ-aly divided among my Lawful heirs . . . to my beloved wife the Land on which we now live durin her natural life or widowhood for her own benefit + at her death . . . to my granson Josiar Wilson Hartsell sixty Arces of this Land to be run off of the upper end to be divided in a way that it dont take none of the Buildins . . . after the death of my beloved wife . . . to Nicy Jane Hartsell the Balence of this Land includin the buildins . . . to my beloved wife all my stock farming tools household + kitchen furniture all grain + provisions on hand and all interest that may arise all money on hand all my notes Mortgages + deeds in trust to use for her own benefit . . . to Jacob W. Hartsell, the Land on which he now lives aslso the 1 1/2 acre tract above the dam + below the dam by his paying J. F. Teeter + wife fifteen dollars also Morgan Swaringain + wife forty dollars also Josiar Wilson Hartsell fifteen dollars . . . to J. W. Hartsell my watch . . ."
Executor: my trusty friend J. W. Hartsell [will]/Jacob Hartsell [probate]
Witnesses: Jonas W. Hartsell and A. H. Hartsell
pp. 136-137
Will of Celia Harwood
Will Date: May 3, 1879
Probate Date: Two dates listed: August 1, 1886 (top of page) and August 1, 1887 (bottom of page).
"Me Susan Harwood and Sealy Harwood . . . do make and declare This our last will and testament . . . I give to Sealy Harward all my property land other property which I hold now. should have hereafter at my death. I do hereby constitute and appoint my Trusty sister my lawful executor . . . I Sealy Harwood do give to Souson Harwood my lands and property That I hold at my death . . . In witness wherof we said Souson Harwood and Sealy Harwood hereunto set our hands . . ."
Souson (her mark) Harwood
Celia (her mark) Harwood
Executrix: Susan Harwood
Witnesses: Eli R. Herrin and E. B. Harward [will]/Emsley B. Harward [probate]
pp. 138-139
Will of Allen Deese, Sr.
Will Date: January 23, 1886
Probate Date: May 26, 1887
"I Allen Deese Senior . . . Item 2nd . . . to my beloved wife Catharine Deese to have and to hold for life all the Beds and furniture of All sorts in my possession at my death, all the Cattle . . . my hogs 2 mules, 2 prs of gear a 2 Horse wagon, my buggy and harness, all my bees a years provision for herself and stock, my tract of land where I am now living about 160 acres, One Thousand Dollars in gold to be held by my executor and paid to my wife as her nscessities may demand . . . to my Daughter Mary A. Deese all the property in Item 2nd after the death of her Mother. also Five hundred and sixty two Dollars in gold. also an equeal share of my property left for her brothers A. D. Deese. Allen Deese Jun. + Eliza Smith in other words she is to Come in equal . . . in the remainder of my property after paying the heiers of William Boggan Deese Five Dollars Each. also the hiers of James A. Deese Five Dollars Each . . . to my son William Boggan Deese hiers Five Dollars Each . . . to my son James A. Deese hiers Five Dollars Each . . . to my son Atlas D. Deese, Allen Deese Junior, and my Daughters Mary A. Deese, and Eliza Smith All the property belonging to my estate after the amount has been paid out in the above state Items . . . The balance to be divided equal among them . . ."
Allen Deese (signed)
Executor: D. N. Bennett
Witnesses: D. N. Bennett, M. E. Blalock, and M. L. Barnhardt
pp. 140-142
Will of James Harward
Will Date: April 30, 1887
Probate Date: July 8, 1887
". . . to William M. Harward one hundred dollars, also . . . to each of his living children one hundred dollars . . . to Margaret Hill one hundred dollars . . . to her son Henry Hill one hundred dollars. and her daughter Mary Austin Fifty dollars . . . to Allen & Mary Barbees children, John, Matthew, and Seymour, one hundred dollars each . . . to Michel Parker one hundred dollars . . . to her son H. M. Parker the papers which I hold against him . . . to John F. Harward the notes which I hold against him . . . to B. D. Harwards Widow one hundred Dollars . . . to J. M. Harward one hundred dollars. her Daughter Annie Carpenter one hundred dollars. also her sons Peter A. and Daniel Harward fifty dollars each . . . to Mary E. Harward (Davids Widow) one hundred dollars. also a lifetime interest in the tract of land in the South side of Waters branch (see papers in my possession) and at her death to be equally divided between her two children George and Margaret . . . to James P. Hill, J. W. Harward and James Barbee the old two hundred (200) acre tract of land lying on the forts of Rocky River and Big Ling Creek (see papers in my possession) to be equally divided between them . . . to Martelie Whitley the tract of land lying north of Waters branch. the said Martelie Whitley to pay to Margaret Harward one hundred Dollars . . . to James H. Nichols Fifty seven acre tract of land lying adjoining the lands of T. A. Hathcock and others (see papers in my possession) the said James H. Nichols to pay James H. Thompson - twenty five dollars . . . to Wm M Sell and his sister Ann Eliza Griffin, the Milten tract of land containing two hundred thirty five (235) acres (see papers in my possession) to be equally divided between them . . . to Margaret Harward the tract of land on which I now live also the bed and necessary furniture in the room which she occupies . . . to Abi Tapley Harward Ten Dollars . . . the surplus to be equally divided between the Harwards, Hills, and Barbees before mentioned . . ."
Executor: Wm. M. Harward
Witnesses: John A. Tysun and D. N. Bennett
Note: "This $100 paid to Margaret Harward by M M Whitley + she holds a receipt for the the same dated May 30 1892" was written along the margin on page 141.
pp. 143-144
Will of Parham Kirk
Will Date: July 11, 1885
Probate Date: June 29, 1887
". . . to Louis D. H. Milton the tract I now live on to be his forever. also one bed and furniture one cupboard also one clock . . . to Martha R Swaringen the sum of Twenty five Dollars. one bed and furniture also one bureau and looking glass . . . all the rest of my property including the balance of my land shall be sold and equally divided between my lawful hiers except as to L. D. H. Milton . . ."
Executor: my friend and relative Houston Milton [will]/S. H. Milton [probate]
Witnesses: T. L. Fesperman and S. M. Stoker
Codicil (May 19, 1887): ". . . revoke that part of my Will that gives to Martha R. Swaringen Twenty five Dollars one bed and furniture, one bureau and looking glass, and the same to be and equally divided between my lawful hiers . . ."
Witnesses (Codicil): S. M. Stoker and W. M. Kirk
pp. 145-146
Will of Frances S. Kendall
Will Date: February 9, 1887
Probate Date: July 21, 1887
". . . to my beloved sister Lucy L. Kendall All the rents of my land until sold of my own land and interest in Brother Henry Kendalls land Diecd and after the sale of said lands she is to have five hundred dollars out of the proceeds of sale of land . . . to my beloved sister Betty Parker one hundred and fifty dollars out of the same proceeds of sale of land and seventy dollars to Sister Betty Parker for the maintenance of Brother Samuel Kendall and if any surplus of the proceeds of land left after paying off the above it is my desire for it to be equally divided between my three brothers - John Kendall, George Kendall, and D. W. F. Kendall . . . unto my sister Lucy L. Kendall all of my personal property except . . . one bed and furniture and one bureau . . . unto Veronia Parker one Bureau, and to Elisabeth Parker daughters of Betty Parker one bed and furniture . . ."
Executor and Executrix: my trusty brother D. F. W. Kendall and sister Lucy L. Kendall
Witnesses: W. W. Russell and H. F. Byrd
pp. 147-148
Will of Ann J. Kirk
Will Date: April 27, 1887
Probate Date: August 11, 1887
". . . to my beloved children James L. Kirk, Martha A. Kirk, Brantley H. Kirk, William F. Kirk and Chas. S. Kirk my home tract of Land, it being the place whereon I now live. Containing Three Hundred and fifty five (355) acres more or less . . . all my personal property of every description including stock cattle . . . to my beloved children Watter M. Kirk Lilla D. Hamilton Thomas V. Kirk M. Annie Kirk and Lou E. Kirk my bottom tract of land Containing Thirty one acres . . . to Lou E. Kirk and M Annie Kirk each one bed . . . that all claims against my estate shall be paid by all the hiers of my body each paying a proportimate part thereof . . . that all my interest in my tract of land known as the Fishery tract be sold to pay my debts . . ."
Executor: my son Thomas V. Kirk [appointed in an undated codicil presumely written the same date as the will, with the same witnesses as the will.]
Witnesses: J. P. Nash, F. E. Reeves, and J. C. Nash
pp. 149-152
Will of Maria J. Rush
Will Date: May 5, 1842
Probate Date: September 6, 1887
". . . of the County of Montgomery . . . My father the late John Christian of Said County having devised to me, in fee, + for my sole + separate use + benefit one moiety of the tract of land called the Thomas C. Dunn tract + one sixth part of a tract of fifty acres land, on the east side of the road from Laurenceville to Peacocks as will more fully appear by references to the last Will and Testament of said John Christian . . . the aforesaid Moiety of the said Dunn tract of land . . . and also my sixth part of the said tract of fifty acres to my son John C. McCain . . . My said father, John Christian, also by his said will, bequeathed to me, in fee + for my sole + separate use + benefit with express power to dispose of the same by will or in any other way by writing, one sixth part of all his personal estate . . . The Slaves which I acquired by said bequest + which was allotted to me . . . now are as follows "viz" Jarman, Rody, Ned, William, Visy, Emaline, Edmund, Mary + Candis . . . all the said lands . . . from the day of the date of this Will to my said son, John C. McCain, his hiers . . ."
Codicil (May 5, 1842): "A doubt have been expressed, whether I can dispose by Will of the personal estate, acquired by the Will of my father the late John Christian, although by said Will it has been secured to my sole + separate use with express power to dispose of the same by Will: I now vest by appointment, which a court of equity will protect all said personal estate, with the increase from this day to my son John C. McCain . . . declare him my appointee: As I am told I cannot divide my real estate, being a married woman, although it was given by said Will . . . I now vest by appointment, which a Court of Equity will protect, all the real estate which I acquired by the Will of the said John Christian . . . to my said son John C. McCain . . . declare him my appointee: - Both of said appointments to take effect at my death . . ."
Executors: my brothers Eli W. Christian and Samuel H. Christian [will]; George R. McCain exhibited the will. He testified that Eli W. Christian and Samuel H. Christian "are dead" and that "the property of the said Mariah J. Rush Consisting of real estate lying + being the Counties of Montgomery + Stanly is worth about $3000.00 so far as can be ascertained at the date of this application. And that this affiant residing the County of Stanly, Annie M. Gentry wife of C. M Gentry who resides at Newton, Catawba County, + John T. McCain, who resides at Rock Wall, Rockwall County Texas are the parties entitled under said will to the said property." on September 2, 1887 in Montgomery Co. [probate]
Witnesses: Mary Christian and John L. Christian [will and codicil]; Eliza Christian testified that Mary Christian and John L. Christian "are dead" and that she "is well acquainted with the hand writing of The Testatrix Maria J. Rush, and of both the subscribing witnesses Mary Christian and John L Christian subscribed aforesaid to the said Will and Codicil are in the proper Hand writing of the said Maria J. Rush Testatrix and of the said Mary Christian + John L. Christian" on September 6, 1887 in Montgomery Co., NC. [probate]
Note: The Clerk of the Montgomery Co. Superior Court "certify that the foregoing sheets Contain true full + perfect Copies of the Will + Codicil of Maria J. Rush with the application, Probate + order for recording as recorded upon the book of Wills now on file in my office Pages 242, 243, 244, 245" on September 10, 1887.
pp. 153-154
Will of Sion Page
Will Date: October 30, 1885
Probate Date: April 12, 1887
". . . to my daughter Mary Frances one Cow + calf one bed and furniture, two hogs . . . my kitchen furniture one chest, one Table, six chairs, all my Cooking utensils, and all my table ware . . . all the residue of my estate shall be sold and the debts owing to me collected, and if there should be any surplus over and above the payment of debts and expenses shall be paid to my daughter Mary Frances for her support . . ."
Sion (his mark) Page
Executor: my trusty friend Wm. R. Hartsell
Witnesses: Conrad Craton and G. N. Craton
pp. 155-156
Will of Martin Rush, Sr.
Will Date: November 1, 1877
Probate Date: No date listed, but the Clerk of the Montgomery Co. Court certified "that the foregoing is a full, true, and perfect copy of the last Will and testament of Martin Rush Senr Deceased. as proven and recorded in my office" on February 18, 1885.
". . . of the county of Montgomery . . . to my Wife Maria J. Rush all the plantation on which I now live during her natural life, together with all the stock household and kitchen furniture, also all the farming implements belonging to the plantation . . . that my sons Martin and Robt T. Rush at the death of their Mother Mariah J Rush, shall divide equally all the personal property that shall be then remaining on the place by choosing three disinterested persons to divide the same between them and they shall abide by the division . . . that my son Robert T Rush shall remain on the plantation after my death and take care of his mother all the days of her natural life . . . to my son Martin Rush all my lands lying south of a line as follows. Beginning on a Maple Peter Green Corner . . . to Caswells old beginning Corner Hickory . . . J. Luther hickory Corner thence with Deberrys plot on the line adjoining J. Luther Jas. F. Green and others . . . that my son Robert T. Rush and his lawful children shall have all my lands on both sides of cheeks creek lying north . . . To my son Martin Rush according to DeBerrys genral Plot Provided that if my son Robt. T Rush shall die without lawful issue. That my son Martin Rush if he choose shall have all the land on which I now live on both sides of chees creek provided he will be willing to let the lands on Pee Dee River in Stanly County be sold and divided amongst the children of my first wife - If not the lands which I will to my son Martin Rush on cheeks creek in Montgomery shall be sold and divided equally, amongst the children of my first wife and he my son Martin Rush shall have all the lands which I now own in Stanly County . . . to my first children two hundred acres more or less lying and being in the County of Montgomery on the waters of Mountain and Aaked creeks also one other tract being on the waters of cheeks creek adjoining Dowd Pool + others Containing Three Hundred acres more or less . . ."
Executor: Robt. T. Rush
Witnesses: Allen McLumon and A. T. Rush
pp. 157-158
Will of Susan Parker
Will Date: May 4, 1887
Probate Date: October 21, 1887
". . . being weak of body . . . after maturely Considering the Circumstances, and the object of my gratitude . . . that tomb stones be put up at my husband Howell Parker Decd. grave, also my own grave, and ^to^ the grave of Howell Parkers Dest [?] first wife, and also to the graves of his two sons, D. F. Parker and John Lee Parker, also my mothers grave who is buried at Albemarle . . . The above toom stones to cost about ten dollars . . . that my executor sell enough of my property to pay for the tomb stones and my Burrying expenses . . . to Saml P. Haskell, one Bed, Bedstead and furniture, then the balance of my property . . . be equally divided betwixt Saml P. Haskell and Ella Ritchie, wife of D. F. Ritchie . . ."
Susan (her mark) Parker
Executor: my trusty friend M. S. Parker
Witnesses: D. J. Parker and D. F. Ritchie
pp. 159-161
Will of William S. Hatley
Will Date: February 10, 1864
Probate Date: January 27, 1888
"I Wm. S. Hatley . . . to my beloved wife Elizabeth Hatley . . . all the Lands that I hold titles for on the waters of Bear Creek Containing one hundred + 37 acres of Land, also one Sorrel Mare 19 years old, 1 Do 7 years, 1 Sorrel horse 3 years old, one Sorrel Colt 1 year old, Three head of Cattle and their increase, 10 head of hogs and their increase, 14 head of sheep, and 4 Bee stands and their increase, farming Tools of all descriptions, one two Horse wagon, all the grain that shall be on hand at the time of my death. Household and kitchen Furniture . . . that all the foregoing property shall belong to my beloved wife Elizabeth Hatley as long as she lives and keeps my name and no longer, now if in case my beloved wife should marry or decease from this life Then and in that Case for all my property to be Sold and divided among my bodily heirs Share and Share alike, Except my land and for it to be uninterfered with until my youngest heir becomes of age, and then for it to be equally divided among them all . . ."
Executrix: my trusty wife Elizabeth Hatley
Witnesses: J. W. Morton and Allen Barbee [will]; A. C. Freeman and David S. Morton testified that J. W. Morton and Allen Barbee "are dead" and that they are "well acquainted with the handwriting of both the subscribing witnesses . . . Subscribed aforesaid to the said Last Will . . . are in the proper Handwriting of the said William S. Hatley the Testator and of the said J. W. Morton and Allen Barbee". [probate]
pp. 162-163
Will of Enoch A. Littleton
Will Date: No date on will
Probate Date: February 17, 1888
"I Enoch A. Littleton . . . that my wife Patsey Littleton have all she brought to my house when we married . . . that Daniel my son shall have my gun . . . the balance of my property to be divided equally among Patsy and the children, Daniel and Elizabeth Share and share alike . . . appoint . . . Dr. J. W. Littleton guardian . . ."
E. A. Littleton (signed)
Executor: Robert Earnhardt
Witnesses: Henry Blalock and W. J. Laton
pp. 164-166
Will of Daniel Biles
Will Date: August 22, 1868
Probate Date: March 24, 1875
". . . to my beloved wife Christenia Biles the tract of Land that I now live on called the home tract adjoining Leonard Talbert, Harriet Biles and others containing 116 acres more or less "see deeds" one other tract of land adjoining Thomas Biles, H. Parker, Hewlins and Smiths containing 75 acres . . . more or less, see deed to the same - these lands including my mansion House and all out houses and other improvements during her natural life or as long as she bears my name . . . in satisfaction for and in Lieu of her Dowery to raise my youngest children on . . . If there should be any thing left of the land after raising my youngest children . . . that it be sold and equally divided between my children by my second wife Christena Biles after her death or marriage . . . to my beloved wife Christena Biles all my personal estate during her natural life or marriage "viz" all my household and kitchen Furniture consisting of one Bureau and Book case, one walnut cupboard, Four Beds and furniture one clock and chairs and all ^the^ other little property about the house and kitchen, All my Horses, cattle sheep and hogs my wagons, carriage and wheat Fan, and all farming Tools and all my poultry, and all my corn or wheat or oats and provender on hand and all growing Crops on hand at the time of my death, in short everything that I possess at the time of my death except one Feather Bed and furniture . . . to my step daughter Sarah Kirk to be her absolute right of property, all of the above property that I have willed to my wife if any part of it should remain after my wifes death or marriage it shall be sold and equally divided between my children by my second wife Christena Biles . . ."
Daniel (his mark) Biles
Executors: my trusty friend and grandson Postel Biles and Mumford Parker [will]/ M. S. Parker [probate]
Witnesses: A. J. Shankle and John Howell
pp. 167-169
Will of John A. Lilly
Will Date: March 29, 1884
Probate Date: May 25, 1888
"I John A. Lilly . . . of advance age . . . to my son Dr. William H. Lilly, one thous-and dollars in money which sum is less than I leave to my other children, not because I love him less, but because he is less needy and is better able to take care of himself . . . to my daughter, Mary E. Lilly all my household + kitchen furniture, + also my Piano, subject to the condition herinafter expressed . . . that my executors sell all my other property of every nature + description, collect all the debts + claims due me . . . + that they pay three sevenths of the net surplus to my daughter Martha E. Lilly, wife of Samuel S. Lilly; as I have been married twice my son Dr. William H. Lilly + my daughter Martha E. Lilly are children by my first wife now dead, my daughter Mary E. Lilly is my child by my second wife, Leah C. Lilly who is the owner of a good estate in her own right, which is likely to benefit only my + her daughter Mary E. Lilly + not my other children, and any increase of my wife Leah C. Lillys estate, would, after her death, go the same way . . . that if my wife, Leah C. Lilly should not dissent from this my will, my executors pay to my daughter Mary E. Lilly the remaining four sevenths of the net surplus of my estate; but in the event that my wife Leah C. Lilly should dissent from this my last will then . . . that my daughter Mary E. Lilly receive only five dollars out of my entire estate, + that the property herin before bequeathed to her in be sold. by my executors, + the proceeds of such sale added to the above mentioned four sevenths net surplus, + that four fifths of this sum, after deducting therefrom the five dollars for my daughter Mary E. Lilly be paid by executors to my daughter Martha E. Lilly, + the remaining one fifth thereof to my son Dr. William H. Lilly As my daughter Mary E. Lilly is a minor I desire that some person who is reliable should guard her interests till she is of full age . . . that my son William H. Lilly act as her guardian . . ."
J. A. Lilly (signed)
Executors: my son Dr. William H. Lilly and my son-in-law Samuel S. Lilly
Witnesses: M. S. Robins, W. W. Russell, and John W. Bostian
pp. 170-172
Will of Edmund Murray
Will Date: November 29, 1880
Probate Date: October 12, 1886
". . . I Edmund Murray . . . in a low state of health and feel not able of living much longer . . . that my wife Catharine and my son Benjamin take charge of my estate . . . that my wife after paying up all that is due as a balance on the land I am living on to secure titles for the same of Joseph Marshall . . . the tract of land known as the Patsy Murray tract 77 acres be divided between my daughter Sallie and Maggie . . . my son Elleck and Francis to have such part in said land as the four just named may agree upon and as may appear just and right with the family all mind . . . after the death of my wife, the one hundred acre tract of land where on I now live go into the hands of my son John and that my Benjamin be appointed as his guardian. I also wish him to be appointed as guardian for all his single sisters . . . my son Benjamin has taken my land 95 acres on Rocky River for his portion in real estate and holds a deed for said land. I will now state that I have tried to do what I Considered right and just and that my mind is about as good as Common in case of sickness . . ."
Edmun (his mark) Murray
Executrix and Executor: my wife Catharine and my son Benjamin
Witnesses: W. H. D. Greene, Allen (his mark) Carpenter, and S. D. Greene
pp. 173-174
Will of Mary Ann Stoker
Will Date: January 23, 1878
Probate Date: December 3, 1888
". . . all my tract of land on which I now live to James Daniel Stoker and Edward L. Stoker my sons . . . that my two daughters Mary A. Stoker Ellor A. Stoker shall have a home in my house as long as they live single and that Mary and Eller Stoker have the 2 Cows . . . to Edward L. Stoker my sorrel mare . . . to Daniel + E. L. Stoker my wagon and all my farming tools . . . all my household and kitchen Furniture to my two Daughters Mary + Ellor . . . to my five daughters a note on James E. Howell for about $77. said note to collected and divided equally between the five last . . ."
Mary Ann (her mark) Stoker
Executor: my son in law William Parker
Witnesses: Joseph Marshall and W. E. Smith [will]; I. W. Snuggs testified that Joseph Marshall "is dead"and that he "is well acquainted with the handwriting of the said Joseph Marshall having often seen him write, and that the name of the said Joseph Marshall subscribed as a witness to the said Will is in the hand writing of the said Joseph Marshall". G. C. Smith testified that W. E. Smith "is ^also^ dead" and that he "is well acquainted with the handwriting of the said W. E. Smith having often seen him write, and that the name of the said W. E. Smith subscribed as a witness to the said Will is in the hand writing of the said W. E. Smith". [probate]
pp. 175-177
Will of George Cagle
Will Date: November 30, 1868
Probate Date: February 27, 1888
". . . unto my daughter Menece A. Hartsell, fifty acres of land off the Western end of my three hundred acre tract comenceing on Dunns line . . . unto Ely Huneycutt My ilegitimate son, one hundred and fifty acres of land the whereon I now live, by his mentaining my daughter Beedy M. Cagle during her natural life, in Case she does not marry, and if she marrys he shall be released from that obligation by his paying her one hundred dollars . . . unto my grandson William Huneycutt, seventy five acres of land, adjoining the fifty acre tract given to Mence A. so as to include, The long house place, now in case The above named Ely Huneycutt and William Huneycutt should . . . be disobedient to me and not serve as dutiful children till they attain the age of twenty one years, in that case they shall have nothing of my property and in such case I direct That my daughter Beedy M. have one hundred acres of the land disignated for Ely Huneycutt including the dwelling house and out Buildings . . . that the remainder of the land Disignated for Ely and allso the land disignated for William, and allso all the ballance of my land not herein disposed of after running off my son David S. Cagle fifty acres, to be divided aqueally, Between my daughters Sarah Jones, Mary Smith Martha Cagle, Ann, Jane and Fany L. Cagle and Malinda Criscoe . . . Allso, I direct That my personal estate goods and chattels in every respect be sold and Eaqualy divided between my daughters Sarah Jones, Mary Smith, Martha Cagle, Ann J. Cagle, and Fany L. Cagle, Malinda Crisco, Mence A. Hartsell, and Beedy M. Cagle, and my son David S. Cagle, and my son Ely Huneycutt and my grandson William Huneycutt, and also my saw mill with ten acres of land for the cite and priviledge of the same, adjoining J. A. Criscos line be sold and eaqually divided between my daughters above named . . ."
Executor: S. C. Little [will]; Eli Huneycutt [probate]
Witnesses: A. J. Austin and S. C. Little
pp. 178-179
Will of Thomas Lambert
Will Date: September 21, 1887
Probate Date: May 7, 1888
". . . I. Thos. Lambert . . . being in feeble health in body . . . to my beloved wife forty acres of land . . . in the east end of the tract whereon I now live, so as to include my Dweling house, all out houses and other improvements . . . to her the said Nancy Lambert, for and during the term of her natural life, in satisfaction for and in lieu of her dower and thirds of and in all my real estate . . . to my daughter Julia Lambert the above described dower at my wife death . . . during the term of her natural life, or while she remains Single. Then said lands to be sold and divided equally between all my lawful hiers . . . That my Mills and machinery and all other property be sold and all just debts paid, and the balance divided Equally among all my lawful heirs, To wit, my wife Nancy Lambert, my daughter Julia Lambert, my son Anderson Lambert, my son Thomas Lambert, my Daughter Louisa Almond, my Daughter Nancy Furr, my daughter Martha Lambert, and my son John Lambert . . . that my daughter Martha Lambert have a home with Julia while she remains unmarried . . ."
Thomas Lambert (signed)
Executors: my sons Thos. Lambert and John Lambert
Witnesses: William E. Furr and W. A. McClure
pp. 180-181
Will of Sarah Rumage
Will Date: No date on will
Probate Date: August 24, 1889
". . . to my son Dargan Rumage all of my estate of what ever source or kind . . ."
Sarah (her mark) Rumage
Executor: my son D. F. Rumage
Witnesses: J. T. Redwine and S. S. Stone [will]; S. H. Hearne testified that J. T. Redwine "is dead" and that he "is well acquainted with the handwriting of the said J. T. Redwine having often seen write, and that the name of the said J. T. Redwine subscribed as a witness to the said Will, is in the handwriting of the said J. T. Redwine". I. W. Snuggs testified that S. S. Stone "is also dead" and that he "is well acquanited with the hand writing of the said S. S. Stone, having often seen him write, and that the name of the said S. S. Stone subscribed as a witness to the said Will, is in the hand writing of the said S. S. Stone". [probate]
pp. 182-184
Will of David Lyerlee
Will Date: March 17, 1890
Probate Date: June 2, 1890
". . . to my beloved wife Jane Lyerlee, the tract of land on which I now live . . . containing 202 acres, for her natural life, in satisfaction of her dower and third in all my land . . . all the household and kitchen furniture consisting of beds, chairs, tables, clock, bureau, bookcase, dishes, organ, chest, sewing machine, stove and fixtures, safe and all other things in the house and kitchen not mentioned . . . one horse named Lee, three head of cattle, one hog, all the poultry, all the wheat, corn, oats straw, fodder, bacon and all my farming tools consisting of wagons, buggy and harness, plows, harrows, and all other things pertaining to the farm . . . all moneys and notes belonging to me . . . Fifth . . . to my daughter, A. L. C. Bangle, wife of B. D. Bangle, 40 acres of land on the south end of the plantation on - which I now live to include the buildings, provided she stays and takes care of me and my beloved wife Jane Lyerlee during our natural lives. if my daughter A. L. C. Bangle . . . fails to stay and take care of me and my beloved wife Jane Lyerlee, then this item to be null and void . . . the remainder of my land to all the rest of my children after the 40 acres is cut off . . . share and share alike, if they fail to comply with item fifth, then all my land shall be divided between all my children share and share alike . . . if I should die first then my beloved wife and my executor . . . shall make sale and sell off such personal property as does not need . . . after my death and the death of my beloved wife Jane Lyerlee my executor . . . shall sell all my personal property at public auction and divide the money between all my children share and share alike . . ."
Executor: my trusty friend W. A. Moody
Witnesses: D. H. Blackwelder and L. A. (his mark) Ridenhour
pp. 185-186
Will of W. C. Thompson
Will Date: April 24, 1886
Probate Date: September 1, 1890
". . . all my property both real and person-al . . . to my beloved wife anna Thompson during her natural life . . . to my son Daniel G. Thompson and his heirs the tract of land on which he now lives Containing 55 acres and known as the Jas. C. Lilly tract . . . After the death of my wife I give the balance of my estate, both real and personal to my other children share and share alike. "viz" Thomas, Eli S. James R. John, Zebedee, George, Alexander, Mary J. Eliza Ann, Lucy, and Martha and their heirs forever . . ."
Executor: None [will]; D. G. Thompson [probate]
Witnesses: S. J. Pemberton and Jas. R. Milton
pp. 187-188
Will of Wincie J. Smith
Will Date: August 14, 1889
Probate Date: September 30, 1889
"I, Wincey J. Smith of the town of Albemarle . . . all my property, both real and personal to my daughter Fannie Smith . . . I appoint my trusty friend Sidney H. Hearne Guardian of my daughter Fannie until she arrives at full age, or until she may marry . . ."
Wincie J. Smith (signed)
Executor: Sidney H. Hearne
Witnesses: W. H. Hearne and S. J. Pemberton
pp. 189-190
Will of William Simpson
Will Date: December 27, 1886
Probate Date: June 13, 1887
". . . that my beloved son R. W. Simpson have all my property both real and personal after my death, on the following conditions to wit: that the said R. W. Simpson supports and takes care of me during my natural life . . ."
William (his mark) Simpson
Executor: my son R. W. Thompson
Witnesses: L. Greene and J. D. Cage [will]/J. D. Cagle [probate]
pp. 191-194
Will of George W. Crowell
Will Date: March 27, 1889
Probate Date: September 14, 1889
"I G. W. Crowell . . . to my daughter Estelle Jane and her husband Thomas C. Harris the tract of land where they now live containing about 165 acres and known as the Troutman place . . . to my son Daniel W. Crowell the place where he now lives and the same is to be set off mete, and bound as follows . . . on the South east side of my 519 acre home place now containing about 373 acres . . . to the line of the Gold Mine tract now owned by J. Mann . . . to my son Adolphus H Crowell the tract of land he is now farming on contain-ing about 85 acres and known as the Babe Burrage place . . . to my beloved wife Lucy C. Crowell and to my daughter Lula A. Crowell and Mattie A. Crowell the balance of my home planta-tion containing about 223 acres. My wife is to have a life estate in her share, or as long as she keeps my name, and if my executors see fit in their discretion they may divide the same, reserving the house and all buildings for my wife. And at her death the land given to her and my daughter Lula and Mattie is to be divided equally between Mattie, Lula, and my son Adolphus H Crowell . . . to my beloved wife all my personal property, including stock farming tools, and everything on the place, and she is to live on the home place and have and enjoy the same as if I was ^still^ living . . . I appoint my wife guardian for my daughter Mattie A. Crowell, who is afflicted, and is to be supported from my estate as long as she lives and if my executors shall deem it expedient then Mattie is to have my store house and still house and the buildings thereto attached, and two acres of land with the same, the rents to go for her benefit alone . . . My desire is that all my children shall be made equal in the land I have given them, and to that end I wish my executors with the assistance and advice of S. J. Pemberton, who is appointed attorney for them and for my estate, to select three free holders, good and lawful men to view the land willed and value the same, and to make a report in writing charging the greater amounts to those who get the most valuable lands, and allowing to those who get the least valuable lands whatever may be due them, so as to make them equal . . . The balance of my estate either real or personal or mixed is to be sold . . . and equally divide amongst my children, so as to keep them equal . . . to J. F. Thompson, my Frank Pence place containing 30 acres . . ."
Geo. W. Crowell (signed)
Executors: my wife Lucy C. Crowell and my son Daniel W. Crowell
Witnesses: S. E. Greely, J. Mann, and S. Furr
Codicil (May 22, 1889): "I, George W. Crowell . . . hereby revoke the line of my son Daniel W. Crowell . . . that all my heirs have an equal part in the River + bank to the reed Island of my daughter Estelle Jane and Thos C. Harris tract known as the Troutman place. Also timber for working in fisheries and way to the river . . ."
Witnesses (Codicil): J. Mann and S. Furr
pp. 195-197
Will of Reubon Springer
Will Date: March 17, 1886
Probate Date: March 29, 1889
". . . to my daughter Emeline Greene, one dollar . . . But the said Emeline Greene and her husband T. N. Greene is to pay who ever takes care of me, The said T. N. Greene gave bond for my maintenance, and he was to treat me well my life time for one- hundred and Twenty eight acres of land, but failed to do it, and I was obliged to ^leave^ and who ever takes care of me, the said T. N. Greene, and wife Emeline Greene shall pay for my maintenance my natural life out of hers and his lands which I deeded to them for that purpose from the writing of this will, But of my executor was to fail to collect out of T. N. Greene for my main-tenance then he shall pay who ever does . . . to Wiley Springer's heirs one Dollar . . . that all the residue of my estate . . . shall be sold . . . and be equally divided among Sylva Hatley, Aaron Springer, Leah Hatley, Catharine Eudy, Rhoda Burlyson, Elmire Burris Francis Morton, Monroe Springer + J. D. Springer . . ."
Reubon (his mark) Springer
Executor: my trusty friend Aaron Springer
Witnesses: D. A. G. Hatley and Daniel (his mark) Bowers
pp. 198-199
Will of James C. Kirk
Will Date: October 18, 1864
Probate Date: May 7, 1890
"I, James C. Kirk . . . to my beloved wife Delpha Kirk during her natural life or widowhood, all my estate both personal and real . . . to be held and owned by her for the support of herself and children thereby authorizing, empowering my said beloved wife Delpha to give to any of my children when they become of age or marry, such property of my estate, as she may think Just + equitable, but should my wife again marry . . . that my estate be equally divided between my said beloved wife Delpha + my children . . . declaring that as each one of my children are equally beloved by me, that each one of them should share alike in the division + destribution of my estate . . ."
J. C. Kirk (signed)
Executrix: my beloved wife Delpha Kirk [will]/ Delpha A. Kirk [probate]
Witnesses: Wm. Forrest and J. H. Montgomery [will]; Jas. R. Milton testified that he is "well acquainted with hand writing of the said J. C. Kirk, having often seen him write and that the name of the said J. C. Kirk subscribed as testator to the said will, is in the handwriting of the said J. C. Kirk". E. A. Forrest testified that Wm Forrest "is dead" and that he is "well acquainted with the hand writing of the said Wm Forrest, having often seen him write, and that the name of the said Wm Forrest subscribed as a witness to the said will is in the handwriting of the said Wm. Forrest". S. J. Pemberton testified that J. H. Montgomery "is also dead" and that he is "well acquainted with the hand writing of the said J. H. Montgomery, and that the name of the said J. H. Mont-gomery subscribed as a witness to the said will is in the hand writing of the said J. H. Montgomery". [probate]