Will of Curtis Heath-1910

Transcribed by Vickie Bright

State of North Carolina
Jones County

I, Curtis Heath, of this aforesaid county and State being of sound mind but considering the uncertainty of my earthly existence do make and declare this my last will and testament.

First. My Executor 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 my just debts out of the first money, which may come in his hands belonging to my estate.

Second. I give and devise to my beloved wife, Hariet Heath, a certain piece or parcel of land where I now reside being a part of my home plantation. Beginning at the mouth of a ditch known as the sweetgum ditch at the public road and runs with said ditch to the canal then down the canal near the big crook to the mouth of a ditch that runs up to the old gate. Then up said ditch through the cotton patch beyond the house to a ditch then up that ditch to the bridge at the lane.  Then with the lane to the public road then with the road to the beginning including my dwelling house and out buildings containing thirty four acres more or less and also the privilege of firewood and timber, from plantation acres(?) from the woods or timber lands. I give the above mentioned lands to my wife, Harriett Heath during her natural life and as long as she remains a widow and I also give her a ???? her choice of any beds and furniture and sewing machines and what part of the kitchen furniture that she may want, also five barrels of corn(?), two hundred and fifty pounds of meat and Two hundred dollars in money.

Third. I give the remainder of my land to be equally divided between Vinie M.C. Coombs, Julia F. Coombs and the heirs of Leah E. Coombs and the heirs of Christopher C. Heath. Charity J. Jones, James H. Heath and Joseph H. Heath having already received their part of my land.

Fourth. I want all the remainder of my property sold for cash and the proceeds equally divided between my children ???? it. Vinie M. C. Coombs, Julia F. Coombs, Charity J. Jones, James H. Heath, Joseph H. Heath and the heirs of Leah E. Coombs and the heirs of Christopher C. Heath.

Fifth. I nominate and appoint my friend Lake(Luke?) Dillahunt to be the executor of this my last will and testament hereby revoking all former wills by me.  In witness whereof I have hereunto set my hand and seal this the twenty-eighth day March in the year of our Lord one thousand nine hundred and five.

Curtis Heath

Signed, sealed, published and declared as and for his last will and testament by the above named testator in my presence who have at the request and in his presence and in the presence of each other signed our names as witnesses thereto:

D.W. Dudley

Joseph H. (X) his mark Heath

Bennett Jenkins

State of North Carolina In the Superior Court

Jones County

A paper writing purporting to be the last will and testament of Curtis Heath deceased is exhibited before me the undersigned clerk of Superior Court for said county by Lake (Luke?) Dillahunt the executor therein mentioned and the due execution thereof by the said Curtis Heath is proved by the oath and examination of D. W. Dudley, and Bennett Jenkins the subscribing witnesses thereto being duly sworn doth depose and says and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Curtis Heath, that the said Curtis Heath in the presence of the deponent subscribed his name at the end of said paper writing now shown as aforesaid, and which bears date of the 28th day of March 1905. And the deponent further saith that said Curtis Heath, the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed him and exhibited to be his last Will and testament and this deponent did therefore subscribe his name at the end of said will as an attesting witness thereto; and at the request and in the presence of the said testator. And this deponent further saith, that at the said time where the said testator subscribed his name to the said last will as aforesaid and at the time of deponents subscribing his name as an attesting witness thereto as aforesaid. The said Curtis Heath was of sound mind and memory of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent and further there deponents say not.

D.W. Dudley (seal)

Bennett Jenkins (seal)

Dually sworn and subscribed

this 28th day of February 1910 before me

J. B. Collins

Clerk Superior Court

North Carolina

Jones Co. In Superior Court

Before the clerk

It is there convinced and adjudged by the court that the said paper writing and every part therefore is the last will and testament of Curtis Heath, deceased; therefore, let the said will which the proof thereof be recorded.  This 28th day of February 1910.

J. B. Collins

Clerk Superior Court