Return to Hyde County

J.S. [Jonathan Spivey] & Elvorie Harris
Nov. 16, 1910
Will Bk. 12; pgs. 74-76  [Typed version transcribed in 1973 by Walter A. Credle, CSC]

In the Name of God, Amen.

We, J.S. Harris and wife Elvorie Harris, of Hyde County, State of North Carolina, do make, publish and declare this our joint will and testament for deposition of such property as we own or possess, being both of sound mind, but well advanced in years.

Item 1.  It is our will and desire and I, J.S. Harris do hereby devise and bequeath to my wife, Elvorie Harris, for the term of her natural life, all my personal property of every kind and description with power of disposition of same should it be necessary for her support during her natural life, except the beds hereinafter bequeathed to our grand-daughters, Bettie Midyette, Alma Harris and Cleone Harris.

Item 2.  After the death of said Elvorie Harris, I, J.S. Harris, give and devise to my grand-daughter, Bettie Midyette, one bed and bedstead and one suit of bed furniture, the same heretofore pointed out to her as the one I intended for her.

Item 3.   After the death of my said wife, I the said J.S. Harris, give and bequeath to my grand-daughters Alma Harris and Cleone Harris, each one bed, bedstead and one suit of bed furniture.  If there should arise between my grand-daughters, Alma Harris and Cleone Harris, any dispute as to which shall have choice of the last two mentioned beds, etc., my executor shall provide for them to choose by lot.

Item 4.  the remainder of my personal property, consisting of cattle and such other chattle property as my said wife shall not have consumed in the use thereof or disposed of for her support and maintenance during her natural life, I, J.S. Harris, give and bequeath to my children of my marriage with my present wife, the said Elvorie Harris, viz: to Joseph B. Harris, William A. Harris and Eleanor Midyette, wife of Alfred Midyette, to be equally divided among my said three children, this bequest does not include my horse disposed of in the succeeding items.

Item 5.  After the death of my said wife, Elvorie Harris, I bequeath my horse named "Don" to my Son William A. Harris and my grand-son John A. Harris, in joint tenancy with survivorship in the one who outlives the other.

Item 6.  The tract of land on which we now reside, consisting of about sixty (60) acres, I, J.S. Harris, give and devise to my said wife, Elvorie Harris, for the term of her natural life.

Item 7.  I, J.S. Harris, give and devise to my son, William A. Harris, for the term of his natural life, subject to the life estate of his mother, as aforesaid, that portion of my home tract of land which lies between my middle lead ditch, running by the west of my pasture lot, and the lands of my brother Robert D. Harris, it being my intention to give to my said son, William A. Harris, all that portion of my said home tract that lies to the west of said pasture ditch extended to my back line.

Item 8.  I, J.S. Harris, give and devise to my son, Joseph B. Harris, for the term of his natural life, subject to the life estate of his mother, as aforesaid, the residue of my home tract of land which lies between said middle or pasture ditch extended to my back line and the lands of the Gard Howard heirs.

Item 9.  After the death of my said sons, William A. Harris and Joseph B. Harris, it is my will and desire and I so direct that, if they leave widows surviving them, their said widows shall have the rents and profits from the aforesaid tracts of land for the terms of their natural lives.

Item 10.  After the death of my son William A. Harris, I give and devise the tract of land herein devised to him for the term of his natural life to his children, subject to the aforesaid provision for his widow.

Item 11.  After the death of my son, Joseph B. Harris, I give and devise the tract of land herein devised to him for his natural life to his children subject to the provision hereinbefore made for his widow.

Item 12. It is our will and desire and we give and devise to our daughter Eleanor Midyette, wife of Alfred Midyette, the tract of land devised to Elvorie Harris by her father, James N. Jarvis, deceased, in his last will and testament, to her, the said Eleanor Midyette, and her heirs in fee-simple forever.

Item 13.  the portions of our estate devised to our sons, William A. Harris and Jospeh B. Harris, are hereby charged with the sum of thirty dollars ($30.00), to be paid by them within one year form the date of the death of J.S. Harris, ten dollars ($10.00) to Thomas B. Harris, ten dollars ($10.00) to Mary Keach and ten dollars ($10.00) to Adelaide Jarvis.

The said Thomas B. Harris, Mary Keach and Adelaide Jarvis, children of J.S. Harris by a former marriage, have already been advanced, or had portions of the estate of J.S. Harris, one of the testators hereto, by way of deeds of release of a life estate in the property that belonged to their mother.

We hereby nominate and appoint our sons, William A. Harris and Joseph B. Harris, our executors to this our last will and testament, who shall execute the same by paying all our just debts and the legacies herein enumerated according to its true intent and meaning.

In witness of all which we have hereunto subscribed our names and affixed our seals.  this 16th day of November 1910.
    /s/ J.S. Harris
    /s/ Elvorie [x] Harris

Signed, sealed, published and declared by the said J.S. Harris and Elvorie Harris to be their last will and testament in the presence of us, who at their request, and in their presence do subscribe our names as witnesses thereto.
    /s/ S.S. Mann
    /s/ Annie Watson

Jonathan Spivey Harris, son of Thomas Dupree Harris and Susannah Jarvis, was born in Oct. 1836 & died before July 24, 1913.  His 1st marriage was to Louisa David Farrow on Dec. 30, 1857.  They had 3 children:
    1) Mary Adelaide "Addie" Harris was born Oct. 1860 & died in 1913.  She married Brock Samuel Jarvis on Feb. 7, 1883.
    2) Thomas Benson Harris was born May 2, 1862 & died Jan. 27, 1944.  He married Salome Jarvis on Jan. 12, 1888.
    3) Mary Jane Harris was born Jan. 22, 1865 & died in Asheville, NC on Nov. 2, 1939.  She married Redden Lewis Keech on Feb. 12, 1896

J.S. Harris was married a second time to Mary Elvira Jarvis on Nov. 15, 1867 and they had 3 children:
    1) Eleanor Louise Harris was born Sept. 2, 1868 & died Sept. 29, 1953.  She married Alfred Stanly Midyette on Mar. 11, 1894.
    2) William Albin Harris was born Oct. 31, 1870 & died Sept. 26, 1940.  He married 1st Bezzie Jarvis on Apr. 26, 1903; 2nd Lottie Ursula Hudson on Feb. 21, 1906.
    3) Joseph Benjamin Harris was born Oct. 13, 1874 & died Apr. 25, 1944.  He married 1st Zada Jane Sermons; 2nd Dessy Sermons

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