Transcribed by Vickie Bright
Levina Heath Will
In the name of God, Amen. I Levina Heath of the State of North Carolina and County of Jones being of sound and perfect mind and memory (blessed be God) do this the 15th day of October A.D. 1881 make declare(?) and publish this my last Will and testatment in manner and form followings biz:
Item 1st I give and bequeath unto my daughter Rilly W. Antwine a certain tract of land on which I now reside beginning at an ash near the run of Tuckahoe and runs N 80 W 160 poles thence S 5 E 115 poles to a sweetgum thence 88 E 80 ? to the head of ditch thence the course of the said ditch to the back line thence to the beginning containing 50 acres more or less to have during her lifetime, at her death to be equally divided between her children (except for ½ acre for a family graveyard). I also give and bequeath unto my daughter Rilly W. Antwine one bed stead and furniture to have and to hold.
Item 2nd I give unto my daughter Dama D. Rhodes the remainder of my land supposed to be about 50 acres more or less to have and to hold her and her children forever. Also one bed stead and furniture to have and to hold.
Item 3rd I give and bequeath to my daughter Anna Jane Rhodes one bed stead and furniture to have and to hold forever.
Item 4th I desire the remainder of my property of every description shall be sold at Auction to the highest bidder and the proceeds to be disposed of by my Executor as following:
to my son Levi Heath $45.00
to my son Curtis Heath $45.00
to my son John T. Heath $45.00
to my daughter Anna Jane Rhodes $35.00
to my daughter Dorcis C. Askew $35.00
to my daughter Mary L. Brown $35.00
Item 5th It is my will and desire that the remainder to be equally divided between all of my children Charity Denis Children sharing as one. Also Nancy L. Williams children sharing as one. I hereby appoint my son Curtis Heath executor of this my last will and testament. Signed sealed publish and declared by the testator as her last will and testament in our presants date above.
her
Levina (X) Heath
mark
W. B. Pike
W. A. Jones
State of North Carolina In the Probate Court Jones County
A paper purporting to be the last Will and Testament of Lovina Heath deceased, is exhibited before me the undersigned, Judge of Probate for Jones County by Curtis Heath the Executor therein mentioned and the due execution thereof by the said Lovina Heath by the oath and examination of W. B. Pike and W. A. Jones the subscribing witness thereto; who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing to the paper writing now show him purporting to be the last Will and Testament of Lovina Heath that the said Lovina Heath in the presence of this deponent subscribing her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 15th day of October 1881 and the deponent further saith, That the said Lovina Heath the testator aforesaid, did at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her last Will and Testament, and this deponent did therupon subscribe her name at the end of said Will as an attesting witness thereto and at the request and in the prescence of the said testators. And this deponent further saith that at the same time when the said testator subscribed her name to the said last will as aforesaid, and at the time of the deponents subscribing his name as an attesting witness thereto, as aforesaid, the said Lovina Heath was of sound mind and memory of full age to execute a Will, was not under any restraint to the knowledge, information or belief of this deponent, and further these deponents say not.
W. B. Pike
Duly sworn and subscribed W. A. Jones this 9th day of Sept. 1882
me
Thomas J. Whitaker, Probate Judge
State of North Carolina Before the Probate
Jones County Judge on the 9th Sept.
1882
The petition of Curtis Heath Respectfully showeth to said court that Levina Heath late of said county departed this life on the 2nd day of August 1882 leaving a last will and testatment in writing. In and by which she left – your petitioner the said Curtis Heath executor to her said last – will and testament bearing date 15 day of October 1881. Your petition further shared that the property belonging to said estate consist of real and personal estate to will one tract of land devised by said will to Rilly W.Antwine containing 50 acres also one bed and stead and furniture to said Rilly as will appear by reference to said Will. He also shows that by said will the testatrix devised followed by the 2 Item the remainder of her land suppose to contain 50 acres more or less also one bed and furniture to have and hold and c to D. D. Rhodes. He also shows that by said will the testatrix bequeaths be 3 Item one bed – stead and furniture to Annie Jane Rhodes. He also shows that by the 4th she —– the remainder to be sold and c and to be devised as follows to my son Levi Heath $45 to my son Curtis Heath $45 to my daughter Anna Jane Rhodes $35 to Darcus C. Askew $35.00 to Mary L. Brown $35.00. He further shows the remainder if any be said will is to be equally divided between all the children including Charity Denis Children and Nancy L. Williams children. Value of the real and personal estate to be about $500. Your petition further shows the Rilly W. Antwine resides in Jones County in the said State. Dama D. Rhodes resides in Lenoir County in said State. Anna Jane Rhodes resides in Jones County in said State. Levi Heath, Curtis Heath and John T. Heath resides in Jones County in said State. Darcus C. Askew resides in Johns(?) County and Mary L. Brown likewise resides in said County and State. Your petition ask to qualify as executor to said Curtis Heath maketh oath that the facts set forth in the foregoing petition of his knowledge is true sworn to and subscribed this 9 Sept. 1882.
Curtis Heath
Thos. J. Whitaker
Clerk Superior Court
State of North Carolina
Jones County In the Probate Court –
I Curtis Heath do solemnly swear (or affirm) that I believe this writing to be and contain the last will and testament of Lavina Health deceased and that I will well and truly execute the same by first paying her debts and then her legacies as far as the said estate shall extend or the law will charge me and that I will well and faithfully execute the office of an executor -agree(?) able to the trust and confidence reposed in me and according to law so half me God.
Sworn and subscribed before me this 9th day of Sept. 1882
Curtis Heath
Thos. J. Whitaker
Probate Judge