Will of William Morgan Sneed, Jr.
This William Morgan Sneed, Jr., born 1843 in Granville County, later moved to Shelby County, Tennessee, was son of William Morgan Sneed, resident of Granville, later called Vance County, North Carolina. William Sr., in turn, was the son of Richard R. Sneed, who died in Henderson, Kentucky on June 28, 1861, and was married First to Maria Louisa Bethel, in 1842 Caswell County, North Carolina, and Second to Sarah Lewis Bullock, in 1866 Granville County, North Carolina. He and his first wife had 6 children, of which William, Jr. was the oldest. The sister referred to in this will was the oldest daughter of William M. Sneed, Sr., Mary Bethel Sneed who was married to John W. McCann, who was from West Virginia and lived in Tennessee, and later to Hugh M. Neely of Tennessee. This will and the accompanying documents are a transcription of the documents which can be found at the North Carolina State Archives, under Vance County Record of Wills, 1881-1916, Vols.A-B, C.098.80001,Vol A, .pp. 233 – 238
Notations in square brackets [ ] are mine:
[testamen]tary on said will issue to Mrs. Mary B. Neely (formerly Mary B. McCann) the executrix named in the will, without bond the same being expressly waived by the provisions of said will upon her taking the oath prescribed by law in such cases.
I, William M. Sneed of Memphis, Tennessee contemplating a long journey, do make and publish this my last will and testament revoking all others, heretofore made by me.
First, I desire that all my debts be paid as soon after my death as practicable and my executrix herein after named is authorized to appropriate such of my moneys or effects as may be convenient for that purpose.
Second, I give to my father, W. M. Sneed, Sr., for and during his natural life an annual allowance for his support and maintenance the same to be paid over to him by my executrix in such amounts as may be necessary to supply his necessary wants and benefits. Said donation shall be a charge on my estate.
Third, the residue of my estate of all and of every class wheresoever situated I give and bequeath to my executrix herein after named in trust to be equally divided share and share alike to my brothers and sisters. The shares going to my said sisters to be held by each respectively to her sole and separate use free from the debts or contracts of their respective husband’s but with full power of disposition of the same by will. The share or shares going to my brothers to be held and owned by each respectively absolutely and in fee simple.
My executrix herein after named is allowed three years after my death within which to make a division and distribution of my estate, as herein provided. And during said period she is to have its management and control of the whole of my estate.
Fourth, I hereby appoint my sister, Mary B. McCann [sp?] my executrix and exempt and excuse her from giving any bond or security for the performance of the duties of said office, and in addition to this share of my estate given to my said sister Mary b. McCann in the Third clause of this will to wit; an equal share with my other brothers and sisters I give her the further sum of five thousand dollars which said last named sum shall be in lien of compensation for services as my executrix and shall be a charge on my general estate.
In witness whereof I have here unto affixed my signature this 28th Day of June 1886.
W. M. Sneed
We the undersigned signed our names hereunto at the request of W. M. Sneed as the witnesses to his will, he declared the same be such and requested us to witness it as such.
D. C. Myers
E. A. Long
Admitted to Probate and ordered to be recorded Feby. 1st, 1895.
J. S. Galloway, Judge
Recorded Feby. 11th , 1895.
R. A. Speed, Clerk
By James Brett, Jr.
(initialed) D C
Probate Court Feby. Term 1895
State of Tennessee
(To Mrs. Mary B. Neely) formerly Mary B. McCann, a Citizen of said county.
It appearing to the Probate Court, now in session, that W. M. Sneed has died leaving a Will, and the Court being satisfied as to your claim to the administration and qualified as directed by law, and the Court having ordered that Letters Testamentary be issued to you without Bond.
These are, therefore, to authorize and empower you to take into your possession and control all the goods, chattels, claims and papers of the said estate, and return a true and perfect inventory thereof to our next Probate Court to collect and pay all debts and to do and transact all the duties in relation to said estate which lawfully devolves on you as Executrix and after having settled up said estate, to deliver the residue thereof to those who are by law entitled.
Witness R. A. Speed, Clerk of said Court, at office this 9th day of Feby 1895, and in the 119th year of American Independence.
R. A. Speed Clerk
By Thos. B. Crenshaw D. C.
State of Tennessee
I, R. A. Speed, Clerk of the County and Probate Courts of said County, do hereby certify that the foregoing pages contain a full true and perfect copy of the Order admitting to probate the Last Will and Testament of W. M. Sneed. Copy of the original Will and Letters Testamentary issued to Mrs. Mary B. Neely formerly Mary B. McCann Executrix of W. M. Sneed as the same appears of record in Minute record No. 63 paper 3860C and Will Book No. 12 pp. 609 now on file in my office.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court, at office, in the city of Memphis, this 7th day of October, 1895
R. A. Speed, Clerk
State of Tennessee Probate Court Room
Shelby County, Memphis , Tenn October 7, 1895
I, J. s. Galloway, sole and presiding Judge of the Probate Court of said County, certify that R. A. Speed, who gave the foregoing certificate is now and was at the time of signing the same, Clerk of said Court, and that said Court is a Court of Record and that his attestation is in due form, and his official acts, as such are entitled to full faith and credit.
Witness my hand, this 7th day of October 1895.
J. S. Galloway Judge
State of Tennessee
I, R. A. Speed, Clerk of the Probate Court of said County, certify that Hon. J. S. Galloway, whose genuine official signature appears to the above and hereto annexed certificate, is, and was at the time of signing the same sole and presiding Judge of the Probate Court in and for the County and State aforesaid, duly commissioned and qualified, and that all his official acts as such are entitled to full force and credit.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court, at office, in the City of Memphis, this 7th day of October 1895.
R. A. Speed Clerk
In Re last Will and Testament of W. M. Sneed decd.
H. M. Neely being duly sworn doth say that he was well acquainted with the late W. M. Sneed of Memphis, Tennessee and was well acquainted with his handwriting that the paper writing purporting to be his last will and testament and which has been duly admitted to probate in the County of Shelby State of Tennessee and a copy of which is this day produced before the Clerk of the Superior Court of Vance County for probate said paper bearing date the 28th day of June 1886 and every part thereof including the signature thereto is in the handwriting of said W. M. Sneed. That the said Will of W. M. Sneed was found among the valuable papers and effects of said W. M. Sneed after his death.
Sworn & Subscribed before me this 15 day of October 1895. --- H. M. Neely
P Nesin [sp?] Notary Public
State of North Carolina In the Superior Court, Vance County
In Re the last Will and Testament of W. M. Sneed decd.
It appearing to the satisfaction of the Court from the exemplification of the record herein after mentioned that the last Will and Testament of W. M. Sneed decd – Citizen of the City of Memphis State of Tennessee has been duly proved and allowed in the proper Court of probate of said City and State in Shelby County according to the laws of said State, and it appearing further affirmatively in the certified probate or exemplifications of said Will that said Will was executed according to the laws of the State of North Carolina and that said W. M. Sneed left property in the County of Vance in the State of North Carolina.
It is therefore ordered and adjudged that the exemplification of said will and of its probate in the proper Court in the County of Shelby, State of Tennessee, which has been produced and exhibited here duly certified and authenticated by the Clerk of the Court of Shelby County, State of Tennessee in which said will has been duly proved and allowed, be allowed and filed and recorded in this Court.
Witness David H. Gill, Clerk of the Superior Court of Vance County North Carolina this 16th day of October 1895.
D. H. Gill
Clerk of Superior Court
Of Vance County