WILL OF Martha Allison
Martha Ann Leatherwood Allison
COUNTY OF HAYWOOD
I, Mrs. Matt Allison, of the aforesaid County and State, being of sound mind, but considering the uncertainty of my earthly existence, do make and decree this my last Will and Testament:
First: My Executors, hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts, out of the first moneys which may come into their hands belonging to my estate, either from personal property or from the necessary sale of real property.
Second: I give and bequeath to my son, Charlie Allison, the sum of Five Hundred (500.00) Dollars, to be paid by my executors, out of my estate.
Third: I give and bequeath to my son, Will E. Allison, the sum of Five Hundred (500.00) Dollars, to be paid by my executors, out of my estate.
Fourth: I give and bequeath to my daughter, Mrs. Laura Allison Howell, the sum of Five Hundred (500.00) Dollars, less the sum of Four Hundred (400.00) Dollars, heretofore advanced her, to be paid by my executors, from my estate.
Fifth: It is my will that the three above legacies, to-wit, the second, third and fourth, be paid from personal property, if any I have at the time of my death, and in case that I have no personal property of sufficient amount to meet said legacies, then it is my will that the hereinafter named executors sell at public or private sale, sufficient amount of my real estate to meet said legacies.
Sixth: I give and devise to my four other children, to-wit, Jessie Allison Caldwell, Eugenia Allison Hall, Essie Allison Evans, and Mittie Allison Reno, all the residue of my real estate, after the above legacies have been paid to be divided equally between the children mentioned in this paragraph; provided that said named children can divide said lands without the assistance or the Courts and a Court proceeding, but in case of a failure to divide same without Court proceeding, then it is my desire that my executors hereinafter named shall sell all of my said real estate at public sale or at private sale, as they deem best, and to equally divide the proceeds of same between said four named children in this paragraph.
Seventh: In case of the death of either of my children mentioned in paragraphs two, three, and four, to-wit, Charlie Allison, Will E. Allison and Mrs. Laura Allison Howell, prior to my death, it is my will that his or her legacy or divise shall revert to his or her brothers and sisters, and to be divided equally among them.
Eighth: In case of the death of either of my children mentioned in paragraph six hereof prior to my death, it is my will that her interest in the lands or proceeds thereof go to her children, if any, otherwise to the other three ohlldren mentioned in this paragraph.
Ninth: All the residue of my estate, if any, after taking out the above devises and legacies mentioned, shall be sold by my executors, and the debts owing me collected, and divided in equal proportion between my children.
Tenth: I hereby constitute and appoint my son, Will E. Allison and my son-in-law, L.W. Hall, my lawful executors to all intents and purposes, to execute this my last Will and Testament, according to the true intent and meaning of the same, and every part and clause thereof-- hereby revoking and declaring utterly void all other Wills and Testaments by me heretofore made.IN WITNESS WHEREOF,
I, Mrs. Matt Allison, do hereunto set my hand and seal, this the 16th day of September, 1925. MRS. MATT ALLISON (SEAL)
Signed, sealed, published, and declared by the said Mrs. Matt Allison to be her last Will and Testament in the presence of us, who, at her request and in her presence, and in the presence of each other, do subscribe our names as witnesses thereto.B.E. OWEN (SEAL)
V.R. FRANCIS (SEAL)
Both of Waynesville, N. C.
copy of will courtesy of Mr. Charles M. Allison
© Copyright 2003 by Charles M. Allison