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Know all men by these presents, that I Mary R. Clayton of Engelhard in the County of Hyde and State of North Carolina, considering the uncertainty of this life, and being of sound mind and memory, do make, declare and publish this my last will and testament.

I give, devise and bequeath to my beloved husband John M. Clayton, all my property, real, personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of decease, to have and to hold the same to his use during his natural life and after the death of my husband, the said John M. Clayton, then to my beloved nephews and nieces, the children of my sister Brittian Gutherie, in fee simple.

I do nominate and appoint my beloved husband John M. Clayton to be the sole executor of this My Last Will and Testament.  In testimony whereof I have hereunto set my hand and seal and publish and decree this to be my last will and testament in presence of the witnesses named below, this 5^th day of June in the Year of Our Lord, One Thousand, Eight Hundred And Ninety-Five.
    /s/ Mary R. Clayton

Signed, sealed, declared and published by the said Mary R. Clayton, as and for her Last Will and Testament in the presence of us, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses hereto.
    /s/ J.B. Williams, residing at Engelhard, Hyde Co., N.C.
    /s/ George E. Roper, residing at Engelhard, Hyde Co., N.C.

NORTH CAROLINA        IN THE SUPERIOR BEFORE THE CLERK
   HYDE COUNTY             IN THE MATTER OF THE LAST WILL OF MARY R. CLAYTON, DECEASED

A paper writing hereto attached and purporting to be the Last Will and Testament of Mary R. Clayton, deceased, bearing date of the 5^th day of June, 1895, is exhibited before the undersigned Clerk of the Superior Court of Hyde County, North Carolina, by Geo. T. Davis, Attorney, who found same among the original Wills filed for probate in the office of the Clerk of the Superior Court of Hyde County, North Carolina, between the 22^nd day of November, 1932, and the 9^th day of November, 1933, the same being recorded in Will Book 13, page 54 (being page No. 808 of this Book), and thereupon the following proof thereof is taken by the oath and examination of I.B. Watson that J.B. Williams, one of the subscribing witnesses thereto is dead, and it is also proved by oath and examination of Lena M. Roper, that George E. Roper, the other subscribing witness thereto, is also dead.  And it is further proved by the oath and examination of the said I.B. Watson that he is well acquainted with the handwriting of the said J.B. Williams, having often seen him write, and that the name of the said J.B. Williams, subscribed as a witness to the said Will, is in the genuine handwriting of the said J.B. Williams; and it also proved by the oath and examination of the said Lena M. Roper, that she is well acquainted with the handwriting of the said George E. Roper, subscribed as a witness to the said Will, is in the genuine handwriting of the said George E. Roper.  And it is further proved by the oath and examination of Annie Watson, that she is well acquainted with the handwriting of the said Mary R. Clayton, testator therein named, having often seen her write, and that the name of the said Mary R. Clayton, subscribed to the said Will, is in the genuine handwriting of the said Mary R. Clayton.
    /s/ I/B/ Watson
    /s/ Lena M. Roper
    /s/ Annie Watson

Severally subscribed and sworn to before me, this the 24^th day of January, 1948.
    /s/ Ralph L. Roper, Clerk of the Superior Court

[NOTE]  Mary R. Midyett, daughter of Little Samuel Midyett & Susan Jane Stowe, was born Dec. 22, 1851 and died May 2, 1933.  She married John Monroe Clayton (1850-1922) on Feb. 14, 1877.  They were childless.  Mary's short obit was found in  May 1933 issue of the Hyde County Messenger.

This will was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

© 2010 Kay Midgett Sheppard