Abstracts of Stanly County, North Carolina, Will Book II, 1868-1910, pp. 200-399
Copyright Leah C. Sims 2000
pp. 200-204
Will of Mary E. Waddill
Will Date: March 5, 1891
Probate Date: May 26, 1891
". . . to the Norwood Presbyterian church the sum of Two Hundred and fifty Dollars to be placed in the hands of the Trustees of said church (and their successors in office) to be securely invested and only the accumulations from such investment to be used annually for the benefit of said church. Item III . . . to my neice Sarah Cornelia Atkins (wife of A. S. Atkins) the entire tract of land and all the appurtenances thereunto . . . adjoining the lands of D. N. Bennett Henry Mills J. W. Bunn and others and known as my homestead, where I now live, to be valued at Two Thousand Dollars. Item IV . . . to my neice Julia Montgomery (widow of Geo. Montgomery) the entire tract of land lying . . . on the waters of Rocky river adjoining the lands of the Crump mill tract Allen Hill and others containing 258 1/2 acres more or less conveyed to me by D. A. Bennett and known as the Wincie Kendall lands the same to be valued at Two thousand five hundred Dollars. In event of the death of the said Julia Montgomery without a will then the above named property in this item to go the one half to my neice Florence Spencer and the remainder to the children of the above named Sarah C. Atkins . . . that the residue of my estate (if any) be disposed of after taking out the devises and legacies as above men-tioned, and the proceeds be applied so as to make the amounts in Items III and IV equal according to the above valuation and if any remains to be equally divided between the above named heirs share and share alike . . ."
Executor: John Tyler Bennett
Witnesses: D. N. Bennett, V. A. Whitley, and C. D. Barnhardt [will]/C. D. Bennett [probate]
pp. 204-207
Will of Johnathan Mann
Will Date: No date on will; April 4, 1891 [probate]
Probate Date: April 10, 1891
". . . I desire that tombstones be place at the graves of both my father and mother suitable to their stations and condition in life . . . to Camaline Holt the sum of Twenty - five Dollars . . . The remainder of my estate both real and personal . . . to my brother Davidson Mann . . . my land described as follows viz: one tract of land . . . adjoining the lands of David-son Mann, Webb Hartsell, John A. Troutman and others containing one hundred acres more or less. My interest in one other tract of land . . . adjoining the lands of William Biles, Dock Safly and others, known as the Mason tract and containing one hundred acres more or less. one other tract . . . on the waters of Rock Hole creek, adjoining the lands of W. H. Crowell, Isaac Calloway, and others, known as the Gold Mine tract and containing fifty acres. . . all the residue of my estate . . ."
Johnathan (his mark) Mann
Executor: my brother Davidson Mann
Witnesses: T. S. Parker, D. F. Parker, and A. J. Furr
pp. 208-210
Will of John Hinson
Will Date: December 9, 1887
Probate Date: December 29, 1890
". . . to my beloved daughters Rhoda Hinson and Necy Hinson and Sarah Hinson eaqually divided between them eighty six acres of land where I now live so as to include my mansion House . . . all of my half interest of 52 1/2 acres of land known as the Griffin Place . . . to my beloved daughters Margaret Huneycutt all that tract of land 52 1/2 acres known as the Rily Griffin land where Wade Hinson and others lived by paying Rhoda Hinson and Sarah Hinson twenty - five dollars each . . . to my son Arch Hinson the sum of $10.00 to be paid to him by Roda Hinson and Sarah Hinson out of the money paid to them by Margaret Huneycutt . . . to my beloved daughters Roda Hinson and Sarah Hinson all the personal property of what ever name that I may own at my death by their tak-ing Good care of their mother during her natural life . . ."
John (his mark) Hinson
Executor: my trusty friend Josiah F. Honeycutt
Witnesses: J. A. Little and A. W. Honeycutt
pp. 211-212
Will of Joshua Osborne
Will Date: October 3, 1871
Probate Date: March 5, 1888
". . . unto my wife Eneline all my land and all my Stock horses Cattle Sheep . . . Emiline has the privilege to sell or convey the above Lands and Stock or to have the sole right to manage it as she may see proper and further if any of the above mentioned property remains at my wife Emelines Death it shall be appropriated to the use of raising the children I also Request that two sons Adam and Eli M Osborne see to carry out the above will . . ."
Executrix: my wife Emeline Osborne
Witnesses: Joseph E. Hartsell and Wilson Hartsell [will]; J. M. Hartsell testified that Wilson Hartsell "is dead" and that "the other subscribing witness thereto is also dead". J. M. Hartsell testified that he "is well acquainted with the handwriting of the said Wilson Hartsell having often seen him write and that the name of the said Willson Hartsell subscribed as a witness . . . is in the handwriting of the said Wilson Hartsell". [probate]
pp. 213-214
Will of Daniel Fisher
Will Date: December 27, 1887
Probate Date: July 7, 1891
". . . to my two Daughters Martha C. Fisher and Joicy E. Fisher all my live stock including Horses, Cattle, sheep, and Hogs . . . all my farming utensils including wagon . . . all my house hold and kitchen furniture . . . all other property belonging to me not herein before mentioned . . ."
Executor: my son Charles T. Fisher
Witnesses: John L. Peck and J. W. (his mark) Sides
pp. 215-217
Will of Tilman Hatley
Will Date: July 29, 1890
Probate Date: October 3, 1891
". . . being weak in body . . . unto my beloved wife Elizabeth Hatley all my property real personal and mixed . . . and to have the use of all the increase of the property both real and personal during her natural life provided she does not change her name. If she changes her name then all my property both real and personal to be divided between my heirs. first giving Elizabeth Hatley's bodily heirs by me Thirty Five Dollars and they are to have this if my wife does not change her name at her death. then the rest of my property to be divided among all my heirs share and share alike. But if Elizabeth Hatley shall change her name then she is to receive Twenty-Five Dollars only . . ."
Tilman (his mark) Hatley
Executrix: Elizabeth Hatley
Witnesses: Rufus A. Hatley and D. H. Lowder
pp. 218-221
Will of John Furr
Will Date: February 23, 1883
Probate Date: March 24, 1888
". . . unto my beloved wife Beneaty Furr all my household and kitchen furniture, and 1 cow and calf . . . unto my son William E. Furr one hundred and fifty four acres of land, the land I now live on, and W. E. Furr is to maintain myself and wife Benaty Furr during our natural lives, and Wm. E. Furr pays to my heirs as follows: John Furrs heirs fifty dollars, to Sarah Furr fifty dollars, to Davidson Furr fifty dollars, Elmira Eudy fifty dollars, Catherine Furr fifty dollars, Beneaty Furr fifty dollars, Minta Eudy fifty dollars, Martin F. Furr fifty dollars and Mary A. Lowder fifty dollars . . . to my son James M. Furr fifty dollars on a note I hold against him for land I let him have . . . unto Daniel M. Furrs heirs fifty dollars out of the same note that I hold against James M. Furr for land . . . that the balance of my property shall be sold and equally divided among my lawful heirs . . ."
Executors: my sons Wm. E. Furr and Martin F. Furr
Witnesses: Thos. Lambert, Sr. and John Lambert [will]; Thomas Lambert, Jr. testified that Thomas Lambert, Sr. "is dead" and that he "is well acquainted with the handwriting of the said Thomas Lambert Sr. having often seen him write, and that the name of the said Thomas Lambert Sr. subscribed as a witness to the said will, is in the handwriting of the said Thomas Lambert Sr". [probate]
pp. 221-228
Will of Alexander McLester
Will Date: February 8, 1889
Probate Date: December 14, 1891
". . . I Alex. McLester . . . to my beloved wife Lydia B. McLester the use of four tracts of land on which I am now living including all of my buildings . . . Two of said tracts containing one hundred acres each and one tract contains twelve and one half acres, and one tract contains about five acres . . . adjoining each other . . . for and during the term of her natural life . . . the use of a Sixty five and a half acre tract of land known as the J. D. Poplin tract lying and joining of J. W. Burleyson + Allen Barbee + I. P. Efird's lands . . . for and during the term of her natural life . . . all of my money and notes and all of my personal property . . . after taking out all that I have other ways disposed of in a former item of my will . . . to Daniel S. Speight the following tract of land, after the death of my beloved wife . . . the sixty five + a half acre track of land known as the J. D. Poplin tract . . . to Sarah Rebecca Speights and her heirs four tracts of land on which I am now living . . . except the life estate of my beloved wife in the aforesaid four tracts of land, devised in a former item of this my will . . . to Sarah Rebecca Speights and her heirs one hundred acres of land where she is now living . . . on condition that the said Sarah Rebecca Speights shall not dispose or sell any of the aforesaid lands during her natural life, at her death to go to her heirs . . . to William Alexander Speights . . . two tracts of lands containing one hundred acres moore or less, lying on big Bear creek and known as the Cobb tract and the second tract containing fifty acres moore or less known as the round about tract both tracts lying on the South side of Big Bear creek . . . to Joseph Wesly Burleyson a fifty acre tract of land lying on Big Bear creek known as the Laban Smith tract of Land . . . another tract of land containing about sixteen acres, lying between and adjoining the above named tract of fifty acres and J. W. Burleyson and Allen Barbee lands . . . Except the life Estate of my wife in said land devised in a former item of this my will in the meadows on the fifty acre tract that I have bequeathed to the said Joseph Wesley Burleyson . . . one certain note I hold against him to the amount of Two hundred dollars. If not collected during my life time . . . to Laura Ella Barbee Four hundred Dollars in cash . . ."
Alex. McLester (signed)
Executrix and Executor: my beloved wife Lydia B. McLester [will and codicil] and my trusted friend Solomon D. Bost [codicil]
Witnesses: R. H. Griffin, C. D. Robbines, and S. D. Bost
Codicil (December 29, 1890): "I, Alexander McLester . . . by my will above, - mentioned, I gave and devised to my adopted daughter Laura Ella Barbee, Four Hundred Dollars . . . I hereby revoke the said
devise . . . and devise her Eight Hundred Dollars in cash . . ."
Alex McLester (signed)
Witnesses (Codicil): R. H. Griffin and J. W. Whitley
pp. 228-231
Will of Lydia B. McLester
Will Date: December 29, 1890
Probate Date: February 1, 1892
". . . to my sister Easter Harkey's daughter Sarah Rebecca Speights, one half interest in my estate . . . to Laura Ella Barbee one half interest of my estate . . ."
Executor: my trusty friend Solomon D. Bost
Witnesses: R. H. Griffin and J. W. Whitley
pp. 232-234
Will of Whitman Hill Smith
Will Date: February 15, 1888
Probate Date: February 6, 1892
". . . I Whitman H. Smith . . . to my youngest son Robert Lee Smith, my Homestead tract with the all improvements theron known as the Culpper Watkins old Homestead, also . . . that the said tract be enlarged by run-ning with W. H. Watkins line . . . to Jacob Shankles line. But in consid-eration of the above bequeath to my son Robert . . . that he pay to each of my daughters Eliza P. Smith and Alice E. Smith Two Hundred Dollars and also that the said daughters Eliza and Alice are to have during their single life a home at the said homestead, and a support from the products of the said tract of land - also own an equal interest in all the personal property such as house-hold and kitchen furniture, Stock etc. Should one or both daughters, named choose to make their home while single, elsewhere, the said Robert is not liable for their support. Also should one or both daughters marry - They are to have one third each of the household and kitchen furniture also of stock on said farm . . . to Eliza P. Smith, Geo. W. Smith, James W. Smith, John W. Smith, Alice E. Smith + Robert Lee Smith equally my river tract of land being on Pee Dee river and bounded by the new line mentioned above . . . I desire the said river tract to be sold . . . then the balance to be equally divided among all my sons and daughters above named . . . published by the said Whitman Hill Smith . . ."
Executor: my son Robert Lee Smith
Witnesses: J. M. Wright [will]/James M. Wright [probate] and Maggie C. Wright
pp. 235-237
Will of Sarah Maulden
Will Date: December 15, 1891
Probate Date: January 25, 1892
". . . being weak in body . . . unto my son A. M. Maulden fifty acres of land . . . of the tract of land on which I now live, so as to include my dwelling house and all out houses . . . during his natural life. Then at his death the said fifty acres of land . . . is to go to and belong to his bodily heirs . . . that the remainder of my estate . . . be sold . . . The balance of the proceeds of the same (if any) be equally divided among my bodily heirs . . ."
Sarah (her mark) Maulden
Executor: my trusty friend Justus J. Efird [will]/Justice J. Efird [probate]
Witnesses: D. O. Rummage and W. B. Hinson
pp. 238-240
Will of Mary F. Smith
Will Date: March 5, 1892
Probate Date: April 22, 1892
". . . of the town of Albemarle . . . the property that I may inherit from my Grand father Randall's Estate shall be distributed among the heirs at law of said estate . . . that all my property . . . shall be sold . . . my watch to Fletcher Randall - My new Bible to Julius Parker . . . the small gold ring which was my mothers to Aunt Sallie Gaddy . . . that my Executor shall procure granite and have the graves of my mother, Charlie and myself enclosed as he may direct . . . my gold thimble to Mrs. G. P. Watkins . . . all the remainder of my property to the building of a new Methodist parsonage in the town of Albemarle for the Albemarle Circuit . . ."
Executor: my friend S. H. Hearne [will]/Sydney H. Hearne [probate]
Witnesses: Geraldine Watkins and L. C. Lilly [will]/Leah C. Lilly [probate]
pp. 241-244
Will of Daniel Reap
Will Date: November 30, 1887
Probate Date: May 2, 1892
". . . to Elizabeth Melinda Tucker, Widow of Daniel M. Tucker, all my property . . . consisting of about three hundred forty seven and one - half acres of Land including all buildings . . . My personal property, consisting of cattle, horses, hogs, sheep, and house-hold and kitchen furniture, farming tools, wagon and Smith tools and carpenter tools . . . during her life. On the following terms and conditions, that is to say if she remains virtuous to the name and widow of Daniel M. Tucker . . . when her daughter Mary Jane Tucker shall arrive at the age of twenty-one years she shall have all the land lying on the West side of Cucumber creek, from the road leading to Solomon Pless's to Calvin Smith's line and Rufus Tucker's . . . if the mill on the creek should be put in running order, it should be excepted, with enough land to make a good suitable mill-yard and roads. And when William A. Tucker arrives at the age of twenty one years he is to have all the balance of my lands, including my residence . . . Provided he takes care of his mother and treats her with respect and kindness and remains on said lands. If he should not do this, the said land and premises to remain in the hands of Elizabeth M. Tucker, her lifetime and then at her death said lands and premises to go to said William A. Tucker . . . to Mary Jane Tucker Sixty Dollars out of the proceeds of my Estate . . . Elizabeth M. Tucker is, when any of her children marries or settles off themselves, is to furnish them such stock, household and kitchen furniture as she may deem necessary for them to have. . . and if at my death, there may be more tools and other property, on hand which the said Elizabeth M. Tucker may think they will not need, then my Executor shall . . . sell such property at public sale . . ."
Daniel (his mark) Reap
Executor: my friend Jas. W. Efird
Witnesses: David Burris, Sr., W. L. Huneycutt, M. B. Huneycutt, H. P. Tucker, and E. F. Huneycutt
pp. 245-248
Will of A. F. Atkins
Will Date: May 21, 1888
Probate Date: September 3, 1892
". . . my beloved wife Hannah Atkins shall have all the household and kitchen furniture she may select and have it valued by two reasonable men, (except the household and kitchen furniture she brought here, she is to have that extra) and the amount counted in the one thousand dollars, I will give to her . . . she shall have one thousand dollars in all instead of a dowery in the land to be hers forever . . . that she shall take possession of all the money and good notes that I may have on hand to the amount of one thousand dollars. If there is not enough money and good notes . . . the balance must be paid out of money coming out of private sale of wheat, corn bacon and such . . . My wife shall take possession of the money or property . . . without any commissions being paid out of it. If it should so happen that my wife should die before I do I will to her son Harris C. Elliott the sum of five hundred dollars . . . to my son John S. Atkins a tract of land known as the Freeman tract adjoining A C Freeman and others containing about three hundred acres . . . to my son Archabald S. Atkins two tracts of land. one known as the Forrest place adjoining the land of Martin Bird and containing two hundred and eighty acres. the other tract containing four hundred and twenty five acres, adjoining the lands of David Lowder and others lying near the P D River . . . to my son Homer F. Atkins a tract of land six hundred and forty acres, known as my home place adjoining the lands of F. H. Smith and others . . . Also one Cow and Calf and one bed and furniture also my one horse wagon and six chairs, After my wife has been paid her thousand dollars . . . that the ballance of my property equally, without public sale divid among my three sons John S. Atkins Arch S. Atkins and Homer F. Atkins . . ."
Executor: my three sons John S. Atkins, Arch S. Atkins, and Homer F. Atkins
Witnesses: B. F. Bell and S. M. Stokes
pp. 249-252
Will of Henry C. Turner
Will Date: May 4, 1892
Probate Date: September 23, 1892
". . . of the town of Norwood . . . unto my loving wife Rebecca J. Turner all my interest in a tract of land lyining above and below Allenton Ferry + including Fery adjoining the lands of G. T. Dunlap C. A. Lentz J M Lanier Decd. + others known as the Allenton farm. Also one hundred acre tract lying near Rehobeth Church known as J. D. Smith land. Also one lot in town of Norwood, N. C. Containing one fourth of an acres including, blacksmith shop + where corner store was burned. Also all my personal property including 5 head horses + 6 head mules, 5 head cow 10 head hogs, all household + kitchen furniture farming tools of all kinds, Cotton Gin + Cotton press Mowing Machine, Hay Rake, Wagons, wagon and plow gear Buggy + Carriage + harness . . . all corn now on hand. hay +c and all growing crops . . . my life insurance policy Three thousand dollars. One note R L Smith + D. N. Bennett Two hundred + seventeen dollars. Deed in trust B F Lampley Five hundred and fifty Dollars, note D N Bennett one hundred and twenty five dollars Two Notes John Swaringen 1/28.00 1/53.97 deed in trust M. M. McSwain Eighty dollars, also my open accounts due me by tenants on farm for supplies rents +c + all notes + accounts not included in above . . . all my intrest in Stock of Merchandise, books of accounts, notes, mortgages Leins of all description. Store furniture, fixtures +c owned by G T Dunlap + myself jointly . . . my loving wife . . . to use enough of the money remaing to build a nice, comfortable house in the town of Norwood for herself + children to live in + I give her to build said house twenty two Thousand feet of lumber now on the yard . . . my executor to use all income from real estate + money remaining . . . to raise, support + Educate my children . . . should deliver some part of my estate to each child as they become of age or marry as may be thought right and such property valued by disinterested men. . . and they to account with the rest of the children for said property so as to make the division equal . . . All the real estate That I lend unto my wife + all the money on hand after the youngest child becomes of age. I leave to be equally divi-ded among all my children share + share alike . . . to my wife all my interest (2 shares) in Norwood Hotel + lots . . ."
Executrix and Executor: my beloved wife Rebecca and James D. Hearne
Witnesses: Geo. T. Dunlap and J. A. Farmer, both of Norwood
pp. 253-255
Will of William Coley
Will Date: September 28, 1892
Probate Date: January 2, 1893
". . . to my beloved Wife Parthena Coley the Tract of land on which I now reside containing 135 acres for her natural Life after selling enof of said Land to pay a trust at William H. Poplin holds against Said Land . . . to my Said Beloved Wife Partheny Coly all of my personal property . . . after the death of my beloved Wife . . . to my son Isom Coley one half of the aforesaid tract of land . . . to my Daughter Miley Hinson one half of aforesaid track of Land . . ."
William (his mark) Coley
Executor: my trusty friend W. H. Poplin
Witnesses: S. D. Bost and J. B. Mauldin
pp. 256-258
Will of John Morton
Will Date: March 7, 1885
Probate Date: August 3, 1895
". . . being weak in body . . . to my beloved wife three hundred dollars either in money, or chattels to be valued by a Justice of the peace, and two free holders. Said three hundred to be given out of my personal property, as is provided by law for widows, who are left interstate . . . to my wife, Mary F. Morton, 95 acres of land, the tract whereon I now live . . . 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 each of my daughters, viz. Susannah C. Treece, Elizabeth Hatley, Mintie Russell, + Sarah A. Rogers, twenty dollars in consideration of my having done more for my sons than for my daughters . . . to my daughter Martha J. Whitley's heirs one dollar each . . . to my son, John W. Morton's heirs one dollar each . . . that my sons, Joseph C. Morton and David S. Morton, and my daughter Susannah C. Treece Elizabeth Hatley, Mintie Russell, and Sarah Rogers, shall all have equal shares of the remainder of my estate. If any of these my devisees shall make a furse about the way I have disposed of my property; he or she shall forfeit all claims to the portion assigned them . . ."
John (his mark) Morton
Executor: my trusty son David S. Morton
Witnesses: Solomon Burris and Ransom Furr
pp. 259-261
Will of Jacob B. Murph/Jacob R. Murph [listed as Jacob Murph when will was probated.]
Will Date: January 7, 1895
Probate Date: May 6, 1895
". . . I J. B. Murph . . . to my wife Elizabeth Murph all my real estate that I now own or may own at my death . . . all Horses, cows, hogs, sheep and all live stock that I may own at my death and all household and kitchen furniture . . . and all notes and money that may be due me at my death. and every thing that I have . . . to my wife . . ."
J. R. Myrth (signed)
Executor: Jacob Fry
Witnesses: D. A. G. Hatley (J. P.) and E. A. Huneycutt
pp. 261-264
Will of R. M. Wall
Will Date: January 30, 1888
Probate Date: October 24, 1895
". . . being in good bodily health . . . my body to the earth, to be buried with little expenses or ostentation . . . to my son Robt. M. Wall Jr my lands and its appurtenancis . . . adjoining the lands of John Morgan, G. O. Wilhoit Geo. O. Swearing and others, known as the lands bought of G. S. Swearingen and Henry Shankle lying on David Creek, Containing Three hundred and twenty five acres, more or less And profit in come and advantages that may result therefrom . . . Also my personal property . . ."
Executor: David R. Dunlap
Witnesses: J. W. Bunn and D. N. Bennett
pp. 264-268
Will of Levi C. Tucker
Will Date: January 3, 1891
Probate Date: November 2, 1891
"I Levy C. Tucker . . . to my beloved wife Elizabeth Tucker, the tract of land on which I now reside, Containing one Hundred (100) acres, for her natural life . . . to my son George M. Tucker . . . a tract of Land in Furrs Township . . . Adjoining the lands of J. C. Burris, Lenurd [?] Lambert and others, containing one Hundred (100) acres being a part of the tract - which I purchased of Joe Marshall Administrator of Josiah Tucker Decd and also Two Hundred Dollars money out of the proceeds out of my real estate and personal effects after my and beloved wifes death . . . to my daughter Mary Jane Eudy Two Hundred dollars in money of the proceeds and my real estate and personal effects . . . to my daughter Sarah J. Eudy Two Hundred dollars in money of the proceeds, out of the real estate and personal effects . . . to my daughter Laura Malindy Tucker Two Hundred dollars in money of the proceeds out of my real estate and personal effects . . . to my daughter Victoria Tucker Two Hundred Dollars in money of the proceeds out of my real estate and personal effects . . . to my daughter Elizabeth Almond Five Dollars in money of the proceeds out of my real estate and personal effects . . . to my daughter Mary J. Bryant Five Dollars in money of the proceeds out of my real estate and personal effects . . ."
Levi C. (his mark) Tucker
Executors: my son Geo. M. Tucker and my trusty friend Franklin Eudy
Witnesses: R. H. Griffin and D. B. Tucker [will]; R. H. Griffin testified on November 2, 1891 that he was one of the witnesses to the will. G. F. Almond testified on March 11, 1895 that D. B. Tucker "is dead" and that he "is well acquainted with the handwriting of the said D. B. Tucker having often seen him write, and that the name of the said D. B. Tucker subscribed as a witness . . . is in the handwriting of the said D. B. Tucker". Mary J. Eudy testified on December 3, 1895 that D. B. Tucker "is dead", that "the other subscribing witness thereto is also dead"and that "she saw Levi C. Tucker make his mark to said will". [probate]
pp. 268-271
Will of John Greene
Will Date: November 30, 1888
Probate Date: January 12, 1893
". . . my Executors . . . as soon after my decease as practicable to take possession of my Personal and Real Estate and to convert the same into money with as little delay as possible . . . devote the Sum of $20.00 to the purchase of a suitable head stone to marke the place of my Burial . . . that my wife Hattie Ellen have all her property also her bed clothing which she had mad and claim as her part, and real estate which belonged to her since the time of our marriage and after she receives her dower in my Estate which is Three Hundred Dollars . . . to my daughters Elizabeth M. Little Surah C. Bigger, Mary T. Little and Martha A. Furr one hundred dollars each it being a consideration of what I have already give my sons to wit: Land, horse, sadle and bridle, after my four above named daughters have one hundred each, then . . . to my daughter Beede E. Love Fifteen Dollars which is all that I will give her of my Estate . . . all the rest and Residue of my real Estate . . . unto my sons and 4 daughters to be divided equally between them . . . all the rest and remainder of all my personal Estate . . . between my sons and daughters . . . all of my son I. F. Greene share of my Estate to his 5 children provided I do not have to pay up a security bond for J. F. Greene if I do then the amount shall be deducted out of his share if any over then his children to share alike. . . all of my son J. J. Greene share to his bodily heirs after a fifty dollar note is deducted out. The remainder if any to be equally divided between his heirs. Provided any of my children should be dissatisified or make a dispute concerning my division I make between my children then I will to him or her as the case may be fifteen Dollars then the balance of his or her share shall be equally divided between the rest of my sons and daughters . . . all of my clothes to my 2 sons I. M. Greene and A. M. Greene . . . Provided I John Greene should become in a helpless condition so that should need attention to wait on me if I am not competent to see to it then I want my Executors to take care of me as long as I live and all the expenses to be paid out my Estate . . ."
Executor:s Jas. L. Little and Jas. M. Greene
Witnesses: J. E. Hartsell and J. M. Hartsell
pp. 272-273 Blank
pp. 274-276
Will of Joshua Hudson
Will Date: January 15, 1885
Probate Date: January 30, 1896
". . . to my beloved wife Martha the Hold of my estate to have and to hold during her life time or widowhood for the purpose of raising the children. But in case she should Marry . . . my personal property should be sold and equeally divided between my six youngest Children Palley, Anny, Lency ane, Judy, Jane, Minty . . . My land in the North East side of ugly creak to be equeally divided in valueation between my six youngest daughters I have named . . . that my Spring on the South West side of ugly creak are to belong to my 7 youngest children . . . that my son Eben have that part of my land lying on the South West Side of ugly creek to have the privelege to improve it at an time to be his and his heirs after him at Marthas death . . . that if Anny one or more of the named Children Die before Martha my wife their part falls back to the survevers if they have no bodily heirs . . ."
Joshua (his mark) Hudson
Executor: None [will]; Eben Hudson [probate]
Witnesses: W. R. McSwain and O. H. Upchurch
pp. 276-279
Will of Aaron Wiley Miller
Will Date: December 14, 1893
Probate Date: July 3, 1895
". . . to my beloved wife Rachel Lunday Miller all my household and kitchen furniture consisting of beds and furniture cook vessels wash vessels and every thing in or about my house as much and such as she wants all if she wants it and her choice Buggy and harness and one hundred and fifty Dollars in money to have and to hold as long as she remains my widow . . . to my son John Mackville Miller a parcel of land which I give him a deed for it . . . to my son Jeremyah Coonrod Miller a parcel of land which I give him a deed for it . . . to my son Phillip Washington Miller a parcel of land which I give him a deed for it . . . to my son Henry Travis Miller a parcel of land which I give him a deed for it . . . to my son Crawford Columbus Miller a parcel of land which I give him a deed to be his at my and my wifes death if he gives me and my wife our support up to our death . . . to my daughter Susan Saphfier Catharine Misenhamer wife of J. S. Misenhamer house property and other property which she has got she is to have $50.00 dollars in money . . . to my daughter Rachel Morgan Bell wife of J Bell house property and other property which she has got. she is to have $100.00 in money . . . that all my residue of my estate . . . shall be sold . . . if there should be any surplus . . . shall be equally divided between my wife and all my childrens . . ."
Executor: my trusty sons P. W. Miller and J. C. Miller
Witnesses: W. T. Huckabee and Geo. D. Palmer
pp. 279-282
Will of James W. Love
Will Date: May 9, 1893
Probate Date: May 16, 1894
". . . I . . . a Farmer . . . (Marble Tombstones to be placed over my grave) . . . to my beloved wife Mary C. Love Three hundred dollars as Dower . . . and notes and accounts that have or may at any time before my decease to be assigned over to my said wife . . . all the corn, wheat, meat and and all other provisions or feed for stock, that may be on hand at the time of my decease, also all the hogs one mule and one milch cow one two horse wagon and one Buggey and harness, one single and double fvrt [?] plow and harness one small harrow one two horse harrow, Stretchers and single trees log chain and all the appliances . . . to my Matthias Love one tract of land on which he now resides (know as the Harkey place) . . . to my son John E. Love the tract of land on which he now lives and for which he has a deed known as the Sol Hartsell place . . . to my son James D. Love a tract of land on which he now resides and for which he holds a deed known as a part of the Michael Love lands. . . my son Greene Love a tract of land, the one which he now lives but holds no deed known as part of the Harkey Tract . . . to my son Henderson Love the tract of land on which he now lives and holds a deed known as a part of the Michael Love land . . . to my wife Mary C. Love and my youngest son Milas H. Love the home place Adjoining the lands of the Adam Love heirs James M. Greene, Emeline Osborn, Jacob W. Hartsell and from Jacob W. Hartsells . . . thence to Henry Reeds corner on the west . . . to the corner in the old Adam Love line . . . the above described land to be held jointly by my wife Mary C. Love and son Milas M. Love during my said wife's natural life and after her decease . . . that my son Milas H. Love have full possession . . . That in the event of my said wifes death occuring before my youngest son Milas H. Love becomes of age, Then my said son shall have a years allowance out of the Estate . . . to my son Milas H. Love one mule or horse one set of Harness, one plow stock and appliances . . . that after my said wifes decease that all the personal property conveyed to her in this will shall be sold at Public Sale . . . and the proceeds of said sale be equally divided between all the heirs . . . that my lands adjoining my home place on the north including the Jonah Love home place be sold at Public Auction . . . and the money . . . equally divided between all the heirs . . . that any notes or accounts that any of the heirs are due the estate Shall be accounted for in the Settlement . . . if any of the heirs of my estate Shall not be satisfied or shall make any disturbance concerning their proporton of the estate, they Shall have no more of the estate than they possess at the time of my decease . . . my said wife Mary C. Love have all the house hold goods and kitchen furniture during her lifetime . . ."
James W. (his mark) Love
Executrix and Executors: my said wife Mary C. Love, John E. Love and James D. Love
Witnesses: J. E. Hartsell and Jas. M. Greene
pp. 283-284
Will of Mollie A. Robinson
Will Date: September 8, 1892
Probate Date: February 19, 1897
". . . of the County of Richmond and State of North Carolina . . . unto my husband Robert A. Robinson . . . all of my real property in Richmond County . . . consisting of 265 acres of land more or less lying on west side of little River adjoining the lands of J. P. Little, W. P. Standback and others . . . Also undivided interest in a tract of land in Vance County willed to myself Theo' and Sue Overby by our Grandmother Elizabeth Norwood of Vance County N. C. ; Also all personal property . . ."
Executor: None [will or probate]
Witnesses: Frank V. Watkins and Ellen A. Wall
pp. 285-287
Will of Mary Deese
Will Date: February 13, 1897
Probate Date: March 9, 1897
". . . to my beloved John Deese and his heirs the house and lot situated in Stanly County adjoining the lands of M. E. Blalock and others the place left to me by my father Allen Deese Decd in his will known as the home place, together with all the household and kitchen furniture therein contained, together with all my notes, Acts, and personal property . . . the remainder of my estate both real, personal and mixed be converted into cash by my Executor and I give . . . the same to John Deese . . ."
Mary (her mark) Deese
Executor: D. N. Bennett
Witnesses: Eben Lowder and Fannie Cauble
Note: Executor D. N. Bennett stated when will was probated that Mary Deese's property consisted of land worth about $750.00 and personal property worth about $2500.00.
pp. 287-290
Will of Joshua A. Burris
Will Date: March 10, 1863
Probate Date: March 24, 1897
". . . to my beloved wife sixty nine acres of land whereon I now live so as to include my mansion house . . . for and during the term of her natural life or while she keeps my name and no longer and also all the rest of my estate while she keeps my name and no longer . . . to my eldest son Hyram Twenty five dollars in money . . . to my eldest Daughter Martha 1 cow and calf, 1 bed and furniture . . . to my son John A. Burris Twenty five dollars in money . . . to my two sons Green and Noah all my land and the remainder of my Estate not otherwise disposed of . . . at the natural death of my wife or the altering of my name . . ."
Executor/Executors: my trusty friend Michael Garmon [will]; Hyram Burris and John A. Burris, who are "two of the heirs at law of said Decd", because Michael Garman was dead. [probate]
Witnesses: James C. Tucker and Davidson Whitley [will]; J. T. Tucker testified that James C. Tucker "is dead" and that he "is well acquainted with the hand writing of the said James C. Tucker having often seen him write, and that the name of the said James C. Tucker subscribed as a witness to the said will, is in the handwriting of the said James C. Tucker". [probate]
pp. 290-293
Will of John Jacob Efird
Will Date: January 23, 1897
Probate Date: March 4, 1897
"I, John Jacob Efird . . . to my beloved wife, Martha M. Efird, the tract of land on which I now reside, containing one hundred and fifty acres, for her natural life, in satisfaction of her dower and thirds in all my lands . . . to my son Jacob E. Efird, after the death of my beloved wife Martha M. Efird, one hundred acres of the tract of land on which I now live including all the buildings thereon to be run off as he may select, all in one body . . . to my beloved wife all my personal property, or as much thereof as she may desire for her maintenance . . . after the death of my beloved wife, that all the remainder of my real estate and personal property then on hand, shall be sold and the proceeds thereof be equally divided among my five lawful heirs in equal proportions, share and share alike . . ."
Jacob J. Efird (signed)
Executor: my son Jacob E. Efird
Witnesses: W. T. Huckabee and J. R. Lowder
pp. 293-296
Will of Green Hatley
Will Date: May 18, 1891
Probate Date: April 26, 1897
". . . that my beloved wife, Margaret C. Hatley after my decease, have and hold all my real and personal effects . . . so long as she lives and keeps my Name. at her decease I direct that my Daughter Sarah Letitia, hath received 121 Acres of land which is her share . . . that my son Goodin hath also had his share of Land 165 Acres . . . that my Daughter Celia Elizabeth, have the Track of Land known as the James Furr Track . . . that my Daughter Louiza Quintina have the Track of Land known as the Davidson Furr Track, with enough of my home Track there to adjoining on Austin road, to make her 110 Acres, (except 2 Acres including the Wm Dick house) . . . that my Daughter Margaret Ellen, have 110 Acres of Land on the North end of my Bloomington Track . . . all my personal property and effects if any, to be equally divided among my bodily heirs . . ."
Green (his mark) Hatley
Executor: my wife Margaret C. Hatley
Witnesses: Chanzie E. Dick and E. A. Dick [will]/E. H. Dick [probate]
pp. 296-299
Will of L. E. Melchor
Will Date: March 8, 1897
Probate Date: May 3, 1897
". . . shall erect at my grave . . . suitable tombstones not to exceed in cost thirty dollars . . . as my son J. A. Melchor, has received from me an advancement of one hundred and sixty dollars - for which I hold his note without interest . . . that out of my personal estate my daughter Ella J. Russell, shall first receive one hundred and sixty dollars, and that the remainder of my personal estate . . . shall be equally divided between my son J. A. Melchor and my daughter Ella J. Russell . . . and the note of one hundred and sixty dollars which I hold against my son, shall not be paid, but surrendered to him . . . my real estate, being the place on which I live to my son J. A. Melchor and my daughter Ella J. Russell as follows, The tract shall be equally divided in two lots and I hereby devise The lot on which my residence is situated to my son J. A. Melchor . . . and at his death I devise said lot of land to the children of the said J. A. Melchor and the other half of my land I devise to my daughter Ella J. Russell . . . and at her death I devise the said lot of land to the children of the said Ella J. Russell and if J. A. Melchor should die without leaving children then I devise his lot to the children of Ella J. Russell and if Ella J. Russell should die without children living I will her lot to the children of J. A. Melchor . . ."
Executor and Executrix: my son J. A. Melchor and my daughter Ella J. Russell
Witnesses: S. H. Hearne and J. Ed. Kluttz
pp. 299-302
Will of B. H. Carter
Will Date: November 19, 1895
Probate Date: April 27, 1896
". . . Item 2 . . . that my beloved wife, Minta Carter, if, in the providence of God she outlives me, shall have my home place, and fifty acres of land surrounding to be chosen by her, also that my said wife shall select such of my household and kitchen furniture as she may desire, and that she shall have 15 bu. wheat 25. b.u. corn, 100 lbs meat, and one milch cow to be one year's allowance, and twenty - five dollars in money: and that all the remainder of my personal property be sold . . . that all my lands, not included in Item 2, above, shall be held by my executors . . . and rented by them, to the best advantage possible, until the death of my wife, and after her death I will that all the real and personal property, belonging to me and my wife, be sold . . . that my executors fence in the grave yard at Prospect Baptist church . . . that good post oak posts, sawed, made with pointed tops, tops to be painted black, main body of posts painted white, instead of wood . . . that rest of fence be of smooth wire, of proper size and distance apart, and an entrance gate suitable . . . that five hundred dollars, out of my estate, be put out on interest, made perfectly secure, and that the interest be collected annually and divided equally between the Misionary Baptist Foreign Mission work, and Prospect Baptist Church above mentioned, and I will that the deacon, or deacons of the said Prospect Baptist church, and their successors in office be made the trustees of this fund, Provided, Should Prospect Baptist church cease to be a church, then the entire interest on the above mentioned five hundred dollars shall be paid to the Foreign Missionary work of the said Baptist church, and the State Board of Foreign Missions of North Carolina shall, in that case become the trustees of that fund , collect all the interest and apply it to the Foreign Missionary work . . . that this item shall go into effect as soon as possible after my death . . . that the remainder of my estate be divided equally among my heirs, as the law directs . . ."
Executor: my son Ephraim A. Carter and my son-in-law G. D. Moose
Witnesses: W. T. Huckabee and Rufus A. Crowell
pp. 303-305
Will of Temperance Ledbetter
Will Date: July 29, 1887
Probate Date: June 8, 1896
". . . that all my property of all description, at my death be sold for cash; also all my notes be collected and the proceeds of all be equally divided among certain of my children to wit: Hester Shinn, John Brooks, Malinda Yow, Lyda A. Underwood, Tempy C. Brooks, and Nancy L. Whitley . . . to my son Calvin T. Ledbetter, One dollar . . . to the heirs of my deceased son Archy Ledbetter one dollar . . ."
Temperance (her mark) Ledbetter
Executor: my son John Brooks
Witnesses: Stephen McIntyre, N. W. Hathcock and Jas. H. Brooks
pp. 305-307
Will of Tilman Hartsell
Will Date: February 12, 1883
Probate Date: May 31, 1897
". . . that the remainder of all my estate, real and personal be my beloved wife's Mary L. Hartsell, so long as she lives or remains my widow: and at her death or cessation of widowhood . . . that all my personal and real estate be sold, and all the proceeds equally divided among all my beloved children . . ."
Executors: my two sons Jonah M. Hartsell and Joseph P. Hartsell
Witnesses: T. L. Triplett and J. F. Little
pp. 308-311
Will of Emsley B. Harwood
Will Date: November 26, 1894
Probate Date: December 28, 1897
". . . to my beloved wife Julia Harwood 156 acres of land on which I now live as long as she keeps my name. after her death it is to be divided equally between my daughter Mary E. Harwood and John D. Harwood and my son John D. Harwood is to have the lot on which the buildings are located and my daughter Mary E. Harwood and my son John D. Harwood are each to pay my son N. Dawson Harwood Fifty dollars to make him equal with my other sons whom I gave land . . . Item 3 . . . to my beloved wife Julia Harwood one sorrel mare named Hutch, and also all grain on hand and growing and also all meat and household and kitchen furniture all named in Item 3 is to be sold at the death of my wife Julia Harwood and the money to be divided between all my heirs share and share alike . . . to my son John D. Harwood one sorrel hose 6 years old named mike and one cow and calf 2 head of hogs, 2 head of sheep. After every thing has been settled if there should remain any money on hand . . . divide it equally between my heirs . . ."
Executors: my two sons Pearson Harwood and John D. Harwood
Witnesses: J. L. Peck and M. H. Herrin
pp. 311-313
Will of William Burleyson
Will Date: April 24, 1897
Probate Date: January 5, 1898
". . . to my son Japheth forty Acres of land and one bay horse and all my farming tools and one bed. To my son Shem forty Acres of land and one one horse wagon and one bed. To my son Ham forty Acres of land and six head of hogs. To my daughter Hannah one cow and yearling four head of sheep and one bed and Bureau. To my wife one bed. To my daughter Suanna one dollar. To my son Absolom one dollar To my son Isaac one dollar To my son Ervin one dollar To my son Isaac one dollar To my daughter Elizabeth one dollar To my son Harvell one dollar To my son Williams heirs one dollar To my daughter Nanny one dollar To my daughter Dixie one dollar . . ."
William (his mark) Burleyson
Executor: my son Japheth Burleyson
Witnesses: Weddington (his mark) Burleyson and Erastus Burleyson, both residing in Almond Township
pp. 314-316
Will of Calvin Lee
Will Date: August 9, 1878
Probate Date: December 6, 1897
". . . I Calvin Lee . . . that my plantation where on I now live containing about one hundred + eighty two acres shall belong to my wife Lucy Lee, and my two sons Lloyd Lee and David B. Lee and in case my wife should marry then it shall belong to my two sons, also at her death to them . . . that all my personal property ^household and kitchen furniture^ my stock of horses, cattle, hogs + sheep, my wagon + farming utensils belong to my said wife Lucy Lee and my two sons Lloyd Lee and David B. Lee the same as my real Estate . . . The same to be kept and used in Common as long as they live together . . . As to my other sons James + Robert, and my grand children the children of my daughter, Camilla Hudson I consider that I have already give to them heretofore amounts equal to what I now give to my younger children which former advancements, I desire that they remain in peaceable possession of the same . . ."
C. Lee (signed)
Executors: my son James Lee [will]; Lloyd Lee and David B. Lee [probate]
Witnesses: R. Harris and W. P. Thompson [will]; E. S. Swaringen testified that R. Harris "is dead" and that he is "well acquainted with the hand writing of the said R. Harris having often seen him write, and that the name of the said R. Harris subscribed as a witness to the said will, is in the handwriting of the said R. Harris". [probate]
pp. 317-319
Will of Alison Whitley
Will Date: March 10, 1894
Probate Date: May 22, 1896
". . . that my Daughter Mary A. Whitley and my Daughter Sarah A. Whitley have each of them forty acres of my Land and the remainder of my lands I direct that they be eqully divided between my son Ashly S. Whitley + my two daughters Lucy and Martha E. Whitley with the Exception of one half acre including the grave yard Which half acre I . . . Donate to the Jones Hill church for a burying ground . . . that my grandson William L. Whitley have my watch . . . my Executor, sell all my personal property and apply the proceeds to the payment of my debts and if any surplus money remains . . . to Divide the same equaly Between my Daughters Mary A. and Sarah A. Whitley . . ."
Executor: my son Ashly S. Whitley
Witnesses: S. C. Little and W. J. Osborne
pp. 319-321
Will of John R. Ivey
Will Date: August 8, 1893
Probate Date: June 1, 1896
"I, John R. Ivey . . . to Mary Jane Palmer wife of John L. Palmer Sixty Five Dollars . . . out of my personal property estate This amount is given to her in lieu of a horse . . . to Martha M. Ross wife of R. J. Ross Sixty Five Dollars . . . out of my personal property estate. This amount is also given to her in lieu of a horse . . . to Esther Ross daughter of Martha M. Ross Fifty Dollars . . . out of my personal property estate This amount is given to her, provided she survives me, for services rendered and to be rendered me . . . The residue of my Estate both real and personal . . . together with all notes and receipts I may hold against any of my children or their husbands. I wish divided into Seven equal shares . . . to Thos. P. Ivey one share first deducting all amounts of notes and receipts I may hold against him. To Mary Jane Palmer one share, first deducting all amounts of notes . . . To B. F. Ivey one share first deducting all amounts of notes . . . To Henry C. Ivey one share first deducting all amounts of notes . . . To Martha M. Ross one share first deducting all amounts of notes . . . To R. W. Ivey one share first deducting all amounts of notes . . . To Wm M. Ivey one share first deducting all amounts of notes . . . that there shall be no funeral services over my body Except the simple burial services at my grave . . . my executors to place simple and plain tomb stones over my grave . . ."
John R. Ivy (signed)
Executors: B. F. Ivey and John L. Palmer
Witnesses: V. Mauney and W. J. Ross
pp. 322-324
Will of William R. Eudy
Will Date: December 21, 1895
Probate Date: Two dates listed in probate. First date February 15, 1897, second date June 1, 1896. [Salem Cemetery has a William R. Eudy b. November 10, 1833, d. January 11, 1897, so the February 15, 1897 date is probably correct.]
". . . to my beloved wife all my real and personal estate except one hundred dollars to be equally divided between my two daughters Minty M. Furr and Haley Ann Eudy . . ."
William (his mark) R. Eudy
Executor: my trusty friend John M. Morton
Witnesses: C. E. Dick and Aaron Furr
pp. 324-327
Will of William Biles
Will Date: May 12, 1891
Probate Date: August 3, 1896
". . . I William Biles . . . to my youngest son W. B. Biles all of my tract of land wheron I now live . . . after the death of my self and beloved wife his mother provided he W. B. Biles my youngest son shall provide for and support my self and beloved wife Amanda C. Biles and my oldest daughter Ann Rosetta Biles so long as each of us shall live, but the land shal be under my controle so long as I shall live . . . the track is about 145 acres more or less . . . all of my personal property of what-ever kind to my two oldest sons and daughter Ruban F. Biles, Luther A. Biles and Ann Rosetta Biles in equal shears . . . And whereas my oldest and only daughter is not of sound mind and health . . . that . . . Wm B. Biles is hereby appointed and constituted guardian of this my oldest daughter Ann R. Biles to have and to hold the custody and guardian-ship of her respective person and estate so long as she shall live and at her death shal have the part of the personal property which I have will to her . . ."
Wm. Biles (signed)
Executor: my son Luther A. Biles
Witnesses: C. H. Brooks and J. F. Thompson [will]; G. W. Lowder testified that J. F. Thompson "is out of the State" and that he "is well acquainted with the handwriting of the said J. F. Thompson and Wm Biles having often seen them write, and that the name of the said J. F. Thompson sub-scribed as a witness to the said will is in the handwriting of the said J. F. Thompson . . . and that the name of the said Wm Biles Subscribed to the said will, is in the handwriting of the said Wm Biles". [probate]
pp. 327-330
Will of L. F. Shankle
Will Date: April 8, 1898
Probate Date: May 12, 1898
". . . my Executor . . . to raise the money to pay said debts and expenses he shall sell as much of my personal property as is necessary except House hold + kitchen furniture One gray horse named Deck. But in case the personal property is insufficient to pay said debts and expenses then he shall sell enough real estate to pay them . . . to my beloved wife Susan Jiles Shankle all my real esstate (provided it is not taken under first section of this will.) House hold and kitchen furniture one gray horse named Deck age about 6 years. And the remainder of my personal property if any remains after distribution named . . . during her natural life during that time she may make any distribution of personal property that she may deem necessary . . . After the death of my beloved wife . . . that my sons Ivey P. and Frank W. Shankle shall have one good bed and furniture and one hundred dollars each. In case that they . . . can not get it from personal property they shall have it from real estate . . . that all the residue of my Esstate (if any) . . . Shall be equally divided between all my heirs . . ."
Executor: my trusty friend T. P. Snuggs
Witnesses: T. P. Snuggs and E. S. Swaringen
pp. 331-333
Will of M. Jane Lowder
Will Date: July 26, 1898
Probate Date: August 29, 1898
". . . to my Brother Alexander Lowder and his heirs . . . my entire interest in my mothers Lidda Lowder's dowery about six acres at my mother's death . . . to my nephew H. A. Harwood and his heirs . . . a tract of land in Ridenhour township . . . adjoining the lands of Marshall Sides Jim Lowder and others containing twenty acres . . . that all the residue of my estate . . . shall be sold . . . and if there should be any surplus over . . . shall be equally divided and paid over to my Brother Alexander Lowder and my nephew H. A. Harwood in equal proportion . . . whereas my nephew H. A. Harwood is a minor of the age of about eighteen years old now therefore my will and desire is that my friend R. L. Lipe . . . is hereby constituted and appointed guardian of the said H. A. Harwood . . . to hold the custody of his estate until the said H. A. Harwood shall arrive at the full age of twenty one years . . ."
M. Jane (her mark) Lowder
Executor: my trusty friend R. L. Lipe
Witnesses: R. L. Lipe, G. H. Sides, and Lucy T. Lowder
pp. 333-335
Will of Absalom Burleyson
Will Date: November 20, 1897
Probate Date: August 30, 1898
". . . To my sons John, William, and Ralph, all of my Lands, Farming tools, Threshing machine, wagon and hogs, cattle, Equelly divided between them, to my son William one mule, to my son Ralph one horse. To my daughters, Kittie, Attie, Nannie and Agnes one bed each, and one cow each . . ."
Executors: my said sons John and William
Witnesses: Ebin (his mark) Burleyson [will]/ Eben (his mark) Burleyson [probate] and Dora Burleyson, both of Plyler
pp. 335-337
Will of Tilithia A. Cagle
Will Date: November 2, 1889
Probate Date: August 1, 1898
"I, Tilithia A. Cagle . . . to my daughter Lucy all my real Estate for her to secure title at my decease and said real estate to be hers during her life said lands is the 46 acres that I now live on, my daughter is to take care of me as best she can through my natural life . . . all my Estate both personal and real that she be declar-ed my lawful heir to all that shall be lawfully mine at my decease . . ."
Tillithia A. (her mark) Cagle
Executor: A. F. Huneycutt
Witnesses: J. S. Huneycutt and P. S. Huneycutt
pp. 337-340
Will of Jacob Kimra
Will Date: February 20, 1889
Probate Date: October 30, 1893
". . . to my two sons Martin and John, one hundred acres of land off of my home tract which has already been surveyed . . . adjoining the lands of Benjamin Mabry . . . to my wife Minty Kimra the balance of my lands containing about one hundred and fourteen acres it being my home place to be hers for the term of her natural life if she does not marry again and at her death or marriage again I devise the same to my son Jacob Alexander Kimra . . . my wish is that he and his mother live together . . . After my executor shall have allotted my wife a years provision out of my personal property . . . that he give my son Jacob Alexander one horse or mule his choice and the proceeds divided between my heirs at law as if I had no will . . ."
Jacob (his mark) Kimra
Executor: Benjamin Mabry
Witnesses: S. J. Pemberton, J. M. Bivins, and E. C. Jerome [will]; T. J. Jerome testified that E. C. Jerome "is dead" and that he "is well acquainted with the handwriting of the said E. C. Jerome having often seen him write, and that the name of the said E. C. Jerome subscribed as a witness to the said will, is in the handwriting of the said E. C. Jerome". [probate]
pp. 341-342
Will of George W. Calloway
Will Date: June 30, 1898
Probate Date: December 17, 1898
"I, Geo. W. Calloway . . . to my daughter Anara E. Milton one hundred dollars . . . remainder of my real and personal estate, I give . . . in equal shares to my daughter Bith A. Calloway and my daughter Eva Elizabeth Calloway and my son John T. Calloway and my son James P. Calloway . . ."
Executors: my son John T. Calloway and my son James P. Calloway
Witnesses: Edgar F. Eddins and G. W. Ingram
pp. 343-345
Will of Matthias M. Love
Will Date: July 30, 1898
Probate Date: December 22, 1898
". . . to my beloved wife, Hester Love, all my real estate and personal property to have and to hold during her widowhood or until my youngest child becomes twenty one years old to use a part of it . . . in raising my children . . . that after my youngest child becomes twenty one years old that all my property remaining then be sold equally divided between my wife Hester Love and my four children namely McDaniel Mary Lovina Flora E. and Bud Love provided that if my son McDaniel who is away from home returns in thirty days and remains at home does his duty until he becomes twenty- one years old then he is to share alike with my wife and the other children mentioned above, if does not comply with the above condition, then he is not to share any my estate . . . that if my two daughters Mary Lovina and Flora E. or either them should marry before they become of age that my wife Hester provide them with a bed cook stove cow and other necessary things for keeping house . . ."
Executors: James D. Love and Williamson Little
Witnesses: J. E. Hartsell [will]/Jos. E. Hartsell [probate], H. B. Brattain, and Williamson Little
pp. 346-347
Will of Wilson Adkins
Will Date: May 25, 1897
Probate Date: December 31, 1898
". . . to my 3rd son Pinkney A. Adkins all of real estate or tract of land . . . adjoining the lands of Layd Ivey and others . . . to my only daughter Julia A. Lanier all of my personal property that is to say if Pinkney A. Adkins and Julia A. Lanier do maintain myself and my beloved wife Sarah Adkins so long as each of us lives at our death put us away according to the cus-tomes of the day and pay all funeral expenses then they shall have what I have above given to them if not - this will shall be null and void . . ."
Wilson (his mark) Adkins
Executor: C. H. Brooks
Witnesses: M. D. Brooks and J. E. Brooks
pp. 348-350
Will of Allen Burris
Will Date: June 6, 1874
Probate Date: February 2, 1899
". . . to my beloved wife Lucy a dower right of one third of my lands (and request that she remain and live with my son James A. Burris as long as she may live) for the term of her natural life . . . a years support out of my personal prop-erty for the term of her natural life and direct my Executor to set it apart to her if she may so choose. If she desires to make any choice as to property she may do so but I request her to let every thing remain as it is until her death . . . to my son James A. Burris . . . my tract of land on which I now live containing 160 acres more or less which lands I bought from Daniel Freeman . . . all the rest of my personal property and he is to assume and take entire control of the whole of my property and at my wife's death is to have all . . ."
Executor: my son James A. Burris
Witnesses: Jno. C. Puett, J. T. Redwine, and J. M. Ross [will]; Wm. H. Hearne testified that J. T. Redwine "is dead", that John C. Puett and J. M. Ross "reside out of the county" and that he "is well acquainted with the handwriting of the said J. T. Redwine, having often seen him 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". J. M. Redwine and G. W. Huneycutt testified that they "are well ac-quainted with the handwriting of the said Allen Burris, having often seen him write, and that the name of the said Allen Burris, subscribed as the testator to the said will, is in the handwriting of the said Allen Burris". J. M. Ross acknowledged that he was a subscribing witness to the will in Cabarrus County on March 11, 1899. [probate]
pp. 351-354
Will of Ephraim Flake
Will Date: May 15, 1896
Probate Date: December 12, 1899
". . . To the airs of my body at the death of my self + wife . . . the following estate . . . to I. M. Flake the tract of Land that he now lives on with the exception of 7 acres that is a corner off of the North Side. Lyda Ann Davis is to get the 7 acres . . . also the land on the North side of Ugly creek . . . to Grant Flake the 14 acres that I bought from Elijha Hudson, also the House place . . . to Lee Flake the land on Ugley creek east side of the creek up to J. J. Cooper's line . . . to Eliza Allen the east end beginning at Grant + Lee's line up to Mary Flakes lines . . . Jula Ann Palmer Twenty five dollars . . . House hold and personal property to be sold at the death of my self + wife and to be divided eceral . . . If my wife marries after my death then the land is to be divided as above mention and they are to take possession of the land and other property . . . I. M. Flake and Grant Flake are to be the gardene . . ."
Ephraim (his mark) Flake
Executors: I. M. Flake and Grant Flake
Witnesses: E. W. Steadman and F. M. Duke
Note: I. M. Flake testified that the property of Ephraim Flake "is worth about $525.00" and that "I. M. Flake, Grant Flake, Lee Flake, Julia Palmer, Lidia Ann Davis, Liza Allen are the parties entitled under said will".
pp. 354-358
Will of Sidney Threadgill
Will Date: June 20, 1899
Probate Date: February 1, 1900
". . . of Cottonville . . . to my son Simon Threadgill (45) forty five acres of land, of 55 fifty - five acres known as the Floid Track . . . to Daniel Crump (10) ten acres of land it being the balance of the Floid Track . . . to my wife Martha Thread-gill, (25) twenty acres of land, of the (63) sixty - three acres, known as the Crump track . . . during her widow lifetime, or as long as she remains a widow . . . including house and at the deat or marriage of my wife Martha Threadgill, the 25 twenty five acres and including houses shall be equally divided between Simon Threadgill, Lizer Jane Lilie, + Ella Cochram . . . to Ella Cochram (26) twenty six acres of land known as the above name Crump Tract . . . to Maggie Colson, (4) four acres of the same track of land . . . to Cala Threadgill (4) four acres of the same Track of land . . . to Sidney Threadgill Jr. (4) four acres of the same land known as the Crump Track, it being the bal-ance of the (63) sixty three acres . . . to Lizzer Jane Lilie (20) twenty acres of land . . . known as the Bennett Tract . . . to Jack Lillie (20) twenty acres of ^the same^ land known as the Ben-nett land . . . to Dock Lee and Harriett Lee's children $1.00 one dollar a p - or each . . . and the balance of said estate is to be equally divided between my child-ren and Sarah's children . . ."
Executor: Mr. George Crump
Witnesses: G. W. Crump [will]/George Crump [probate] and Rev. J. C. Cox, both of Cottonville
pp. 359-360
Will of G. W. Simpson
Will Date: July 5, 1897
Probate Date: No information about the probate of this will listed
". . . to my chil-dren to - wit: C. J. Simpson, A E. Simpson, and W. H. D. Simpson one dollar each to be paid out of my personal estate. Art 3rd . . . unto my other children to - wit: B. J. W. Simpson, Henry C. Simpson, J. A. Simpson, E. W. Simpson, C. I. P. Simpson, Rebecca S. Lee, Melinda J. Simpson, Margaret C. Simpson, W. N. Simpson the tract of land on which I now reside containing 114 acres more or less adjoining the lands of C. W. West, Jas. M. Davis, J. A. Poplin and D. N. Bennett in Tyson Township . . . That the above named heirs of my body shall share each alike in the above devised land . . . unto my children mentioned in Art. 3rd. of this will all of my personal property . . ."
G. W. (his mark) Simpson
Executors: my two sons B. J. Simpson and C. I. P. Simpson
Witnesses: P. A. Harward, W. R. McSwain, and J. M. Poplin
pp. 360-362
Will of Sarah Hartwick
Will Date: February 7, 1898
Probate Date: April 29, 1901
". . . being in poor helth . . . unto my bloved sun V. M. Hartwick all my real and personal property during his natural life and at his deth I give J. Terenton Hartsell, fifty dollars in money, I give my brothers and sisters here after named an equal part in all of my real and personal property at my suns deth Jms. W. Hartsell, Jacob Hartsell Luvina Hltey Beady Morton, Cristinee Coley, Rosana Teeter, I give the $500.00 in gole I heve in the Cabarrus Saving bank at Concord to the above named brothers and sisters and their heirs after paying J. F. Hrtsell $50.00 . . ."
Sarah (her mark) Hartwick
Executor: D. W. Turner
Witnesses: None [will]; D. W. Turner and John F. Eudy [probate]
pp. 363-365
Will of Jonathan Christian Bell
Will Date: February 7, 1900
Probate Date: June 1, 1901
". . . to my beloved wife, Martha Jane Bell, the tract of land on which I now reside, containing one hundred (100) acres, more or less, for her natural life, in satisfaction of her dower and thirds in all my lands . . . all my personal property of any and all descriptions . . . as her own personal estate . . . that she be hereby empowered to use and dispose of the same in whatever way she may wish . . . that all the residue of my estate . . . shall be sold . . . that such surplus shall be paid over to my afore-said wife . . . that at the death of my said wife, the aforesaid tract of land on which I now reside shall be sold and the proceeds divided as follows: I. My son, B. F. Bell, one fourth. II. My son, Henry C. Bell, one fourth. III. To the children, begotten on the body of my daughter, wife of Mose L. Stoker, one fourth. IIII. The remaining one fourth to be given to Mrs. Sarah A. Smith, relict of the late Freeman H. Smith . . ."
Jonathan Christian (his mark) Bell
Executor: my trusty friend John F. Lilly
Witnesses: C. M. Bivins and J. D. Bivins
p. 366
Will of Nathaniel Wallace
Will Date: May 12, 1900
Probate Date: No information about the probate of this will listed
". . . to my grandson, Whitson Ross, one hundred dollars . . . the remainder of my entire estate go to my beloved wife, Casandra . . . during her lifetime, and at her death the personal property to be equally divided among her three children Moses Kendall, Sarah McSwain's children, and Sophronia Poplin, and the land to be divided as follows . . . that Sophronia Poplin shall have the home place, and Moses Kendall to have the upper part of the land from the line that I had run - from the Davis road, East to Jack's Branch, and Sarah McSwain's children to have all the land on the West side of the Davis road . . ."
Nathaniel (his mark) Wallace
Executor: my friend William F. Crump
Witnesses: Minnie L. Crump and W. R. McSwain
pp. 367-368
Will of Elizabeth Threadgill
Will Date: July 13, 1900
Probate Date: No information about the probate of this will listed
". . . Center Township . . . This indenture made by Elizabeth Threadgill . . . that her health is bad and cannot stay here long and her desire is that when she is no more in this world that she wants her daughter (Mary Lou Fourt) to have . . . every thing that she has left in this world . . . and hav full controle of every thing . . . is not to sell eney thing from the place nor sell eney timber from the land but hav full us of all timbers to keep up the place with and firwood and pine to use . . . that she wants her daughter Mary Lou to keep every thing together so long as she lives and at her death every thing to go to Mary Lou Fourt's children only I want a nuff of my personal property sold at a public sail to pay all my exspencies with . . . Henry Fourt is not to hav eney controle of said land only to work on for a susport for self and famely if the said Henry Fourt and wife Mary Lou does not want to live on. Said alnd then she may rent said land out and the rents be paid over to Mary Lou every year . . ."
Elizabeth (her mark) Threadgill
Executor: her brother John B. Hudson
Witness: B. F. Snuggs
pp. 368-370
Will of Martha Efird
Will Date: August 18, 1900
Probate Date: July 31, 1901
". . . to my daughter Martha Frances Efird, my house and lot where I now live, being in the town of Albemarle, adjoining lots of Maggie Lit-tleton, Adam Dry and others, also all personal property of every description . . ."
Executor: my son Jacob E. Efird
Witnesses: R. L. Smith and W. T. Huckabee
pp. 370-372
Will of Christena Almond
Will Date: May 31, 1895
Probate Date: November 19, 1901
". . . to my son Jonah Almond, all my land (about thirty acres more or less) as long as he lives and then his son Robert shall have the land and that his sister Rebecca shall live with him as long as she remains single . . . to the said Jonah Almond my clock and one bed and when his son Harris Lee becomes 21 years old that he shall have the said bed . . . to my daughter Catharine Lowder my Lyon bed . . . to my grandson Robert 2 beds one chest one big table and half of my bed clothing, one trunk and rocking chair . . . to my grand daughter Rebecca 2 beds one chest one little table and one bureau and half my bed clothing . . . My grand children Eb Whitley, Luke Whitley, Isabelle Efird and Charles Burris and David Burris is not to have any thing more than what I give their mothers. James A. Almond and W. B. Almond. [? It appears that some text has been omitted here.] And I want James M. Lowder, Catharine Lowder and A. F. Morton to divide the property to the above named as equally as they can . . ."
Christena (her mark) Almond
Executor: None [will or probate. The statement about James M. Lowder, Catharine Lowder and A. F. Morton dividing the property could mean that they were to act as executors.]
Witnesses: Aaron Furr and A. F. Morton
pp. 372-374
Will of Mrs. Elizabeth Lee Redwine
Will Date: November 28, 1901
Probate Date: February 24, 1902
"I, Elizabeth Lee Redwine . . . to my sister Julia A. Moore All my personal property . . ."
Mrs Elizabeth Lee (her mark) Redwine
Executor: my trusty friend John H. Moore
Witnesses: Minnie C. Moore and Virgil A. Whitley
Note: John H. Moore testified that Mrs. Elizabeth Lee Redwine's estate consisted of personal property worth about $150.00.
pp. 375-376
Will of Joseph Burleyson
Will Date: March 24, 1898
Probate Date: March 19, 1902
". . . To my son Waitsly R. Burleyson forty acres of land known as my home place, and all of my personal estate . . ."
Joseph (his mark) Burleyson
Executor: my son Waitsly R. Burleyson
Witnesses: Jas. A. (his mark) Lowder [will]/James A. (his mark) Lowder [probate] of Bloomington, R. D. Barbee of Plyler, and T. F. Rogers of Plyler
pp. 377-379
Will of Ithama Sides
Will Date: August 10, 1898
Probate Date: June 3, 1902
". . . to my daughters Mary Maulden, Sarah Poplin, Elizabeth Kimery, and Frankey Holt each Five dollars in money and of my personal estate, the remainder of my personal estate . . . to be equally divided between my sons Jas. M. Sides and William D. Sides . . . to my son William D. Sides in consideration of my support and maintenance during my natural life, and for my support and main-tenance prior to the execution of this Will, all of my real estate, it being the lands willed to me by my grand-father Benjamin Cagle, lying on the waters of Big Long Creek . . . adjoining the lands of T. A. Coble, Alexander Coley, W. D. Sides and others containing in all about one hundred and fifty acres, it being the lands upon which I am now living . . ."
Ithama (her mark) Sides
Executor: William D. Sides
Witnesses: John W. Bostian and G. R. McCain
pp. 380-382
Will of J. C. Gilbert
Will Date: February 4, 1901
Probate Date: July 9, 1902
". . . to my daughter M. E. Furr, wid. of J. F. Furr all that tract of land on which she now lives about 150 acres which metes and bounds shown by deed in her possession . . . to my beloved wife Mary M. Gilbert all my home plantation whereon I now live about 150 acres east of former devise give to my daughter M. E. Furr and on the waters of bear Creek and Stony run Creek except 2 acres known as the Mill Lot this devise will include my mansion house and all out houses and improve-ments . . . during the term of her natural life in satisfaction and lieu of her dower and thirds of and in all my real estate . . . that my daughter Zina A. Smith have all the tract of land whereon I now live except the life estate of my wife . . . to my beloved wife Mary M. Gilbert my mare and buggy and harness one cow and calf all my house hold and kitchen furniture or so much thereof as she may desire . . . at her decease all the wearing appearel and beds be divided equally between my daughters shear and shear alike . . . to my daughter Sarah A. E. Whitley wife of E. J. Whitley all that tract of land whereon she now lives on the So. Et. side of the public road . . . to here and her bodyly heirs forever except M. A. and C. O. Whitley her sons which have had their shears . . . to my daughter Mahasey L. Barbee wife of J. A. Barbee all the tract of land whereon she now lives . . . also all nots and trusts that I have against him J. A. Barbee if the interest is paid annually untill my death . . . to my son A. A. Gilbert all that tract of land whereon he now lives . . . about 180 acres on the No. Wt. side of Stony Run Creek . . ."
Executors: my trusty friends James A. Barbee and A. A. Gilbert
Witnesses: A. F. Huneycutt and G. L. Eudy
pp. 383-385
Will of Carrie Rogers
Will Date: June 4, 1902
Probate Date: August 4, 1902
". . . to my sister Mary A. Furr during her earthly existence and after her death to her children, to - wit: Victoria Furr, Hathe Furr, John M. Furr, and Wm. Daniel Furr, my house and lot . . . It being the second lot on north side of Mill Street and fully described in a deed from J. S. Efird to my self recorded in Book 25 page 202 in the Register's Office . . . to my said sister Mary A. Furr my sewing machine, my cow and also all other real estate, personal property, money or other things of value I may be seized and possessed of at my death . . ."
Executrix: my trusty friend Mary A. Furr
Witnesses: J. C. Davis and A. G. Morton
pp. 385-387
Will of Eliza Calloway
Will Date: July 10, 1902
Probate Date: September 20, 1902
". . . that my daughters Susan Rebecca (Sis) and Frances Cornelia have Thirty acres of land lying on the north end of the home place and east of the Railroad including all the buildings, spring . . . Should my son Rufus take care of Sis and Nelie and live longer than they, then this Thirty acre tract is to go to Rufus and his heirs, but should Rufus die or otherwise fail to take care of them, then the said tract is to go to the persons or person who takes care of them . . . the remainder of the land (102 acres) to my other six children, Madison, Rufus, Loula, John, Wilbur and Sally's heirs - Pearl, Anna, and Mary Lee Clayton, Each of the six to share and share alike . . . that my five feather beds be made in four and that Sis, Rufus, Wilbur and Nelie have one bed each. Should there be any other personal property left . . . that the same be sold and divided equally among all my children . . ."
Eliza (her mark) Calloway
Executor: my son Rufus G. Calloway
Witnesses: W. T. Huckabee and J. S. Huckabee
pp. 388-390
Will of B. Jane Hatley
Will Date: December 24, 1902
Probate Date: February 6, 1903
". . . to my son Munsa Hatley three dollars in money to buy one trunk . . . to my daughter Lillie Hatley three dollars in money to buy one trunk . . . to Munsa Hatley, Lillie Hatley, Elmer Eudy, Millie Hatley, Eliza Hatley my five beds to be devied equal . . . to the heirs of Dalla Lowder deceased, Arie Lowder, Lee Lowder, Ritha Lowder one good quilt that is all tha are to have out of my estate . . . that all the residue of my estate . . . shall be sold . . . if ther should be any surplus . . . shall be equally devied and paid over to Munsa Hatley, Lillie Hatley, Elmer Eudy, Millie Hatley, Eliza Hatley in equal proportion shear and shear alike . . . And whereas Munsa Hatley, Lillie Hatley, and Elmer Eudy ar minors . . . that my friend R. L. Lipe be and is hereby consti-tuted and appointed guardian for the above named minors . . . to hold the custody of their estate until the said minors shall arrive at the full age of twenty one years old . . ."
B. Jane (her mark) Hatley
Executor: my trusty friend R. L. Lipe
Witnesses: R. L. Lipe and A. J. Lipe
pp. 391-393
Will of John Smith
Will Date: January 22, 1903
Probate Date: April 9, 1903
". . . to my beloved wife Fannie M. Smith all my real estate . . . to be used by her for her natural life and after her death to go to Coner Smith a sun of Wash Smith in case of the death of Coner Smith without heirs in that case I will it to Richard Smith a son of Wash Smith . . . to my wife Fann M. Smith all of my personal property of every description . . . she can dispose of the same as she may think best . . ."
Executrix: my wife Fann M. Smith
Witnesses: D. N. Bennett and J. W. Dry
pp. 393-396
Will of J. Wesley Hatley
Will Date: May 1, 1897
Probate Date: July 22, 1903
". . . I, J. Wesley Hatley . . . to my beloved wife one half of the tract of land on which I now reside which would be twenty five acres for her natural life or as long as she keaps my name in satisfaction of her dower and thirds in all my lands and my wife is not to move any boddy on the land, except my children . . . to my daughters, Lucy A. Hatley, Sary A. Hatley all the lands I own at my death and the twenty five acres, I willed to my wife to go to my to daughters at the death of my wife . . . to my said beloved wife $50.00 in money, one milk cow of her own choices, one hog of her own choices, one sheep of her own choices and half of my chickens. My wife is to have one bed sted and half of the quilts and bed clouths that she made after we were married, She is to have my stove and other things she neads for house keeping, sutch as dishes, plates, cups and saucers, knives and forks, spons, buckets and chers . . . to my son C. G. Hatley $50.00 in money . . . that all the residue of my estate (if any) . . . shall be sold . . . and if there should be any surplus . . . shall be equaly divided and paid over to my three children, Charley G. Hatley, Lucy A. and Sary A. Hatley . . ."
J. W. Hatley (signed)
Executors: my trusty friends Lucy Ann Hatley and R. L. Lipe
Witnesses: R. L. Lipe and B. R. Hatley
pp. 397-399
Will of S. D. Green
Will Date: May 3, 1887
Probate Date: July 21, 1903
"Rocky River Springs . . . all my land that I may die seized and possessed of to Mrs. Elizabeth Greening, during the term of her natural life, for and in con-sideration of the good will I bear her, and after her death I bequeath it to her children, during the term of their natural life, and after their death, I bequeath it to their heirs . . . this I do with the distinct understanding that the said Mrs Elizabeth Greening , her heirs and assigns . . . shall comply strictly with the restrictions herein after mentioned . . . to the said Mrs Elizabeth Greening, my interest in the Rocky River Springs and also my interest in the acre lot enclosing said mineral waters with all the privileges I now enjoy in said property subject to the same restrictions herein after men-tioned. I possess one eighth of said mineral waters, also one eighth of the acre lot enclosing them. If I should sell my interest in the Rocky River Springs before I die the purchase money shall be paid to Mrs Elizabeth Greening, her heirs . . . except what I may use of it, during my life time . . . that my executor sell enough of my personal property to finish paying my lawyer, I. W. Mauney, and two dollars, which I owe Mr. William H. Randall, for surveying some land . . . The above mentioned land is adjoining the lands of the late I. H. Underwood, Hezekiah Hough and others . . . all my personal property to Mrs Elizabeth Greening , her heirs . . . The following restrictions must be complied with, first Mrs Greening must make this place her home, she must reside here permanently, the above mentioned property must never be sold, or con-veyed in any way to C. C. Foreman, his heirs and assigns or to any one who is akin to him, either by blood or marriage, further more, it must never be mortgaged to any person or persons whatsoever, for any consideration, if all, or any of these restrictions should be violated by Mrs Elizabeth Greening or her heirs . . . then the above conveyance shall be null and void, and the property so conveyed shall revert to my nephew, M. A. Underwood and he must conform to the same restrictions and the property must descend to his heirs and assigns as it would have done to those of Mrs Greening, should he refuse to take the property on these terms, then I bequeath it to B. C. Blalock, subject to the same restrictions . . ."
Executor: B. C. Blalock [will]; W. F. Crump [probate]
Witnesses: C. W. West, W. R. McSwain, and W. F. Crump [will]; R. L. Green testified that "the said will was found among the valuable papers and ef-fects of the said S. D. Green after her death". H. L. Green, R. L. Green, and Atlass Green testified that "they are acquainted with the hand - writing of the said S. D. Green, having often seen her write, and verily believe that the name of the said S. D. Green subscribed to the said will . . . is in the hand writing of the said S. D. Green". [probate]
Codicil (June 17, 1895): "If the persons to whom I willed the property men-tioned in the foregoing will have died, I do hereby revoke said will, and I now will . . . all the property mentioned . . . to William F. Crump, sub-ject to the same restrictions or conditions, and if I should die before the suit which I have commenced against D. N. Bennett, Foreman and others, for my youngest sisters interest in the Springs property (one eighth) of said property, I now bequeath my interest in my sister Rosanna B. Smith's interest in said property to W. F. Crump, subject the same restrictions . . ."
Witnesses (Codicil): None