Will of John Hicks dating from 19 June 1877 and proven
in court on 12 July 1877.
State of North Carolina
Warren County} I, John Hicks of the County and State aforesaid being of sound mind and memory that considering the uncertainty of my earthly existence do make my last will and Testament.
First – That my Executor (hereinafter named) shall provide for my body a decent burial suitable to the wishes of my relatives and friends, and pay all funeral expenses, together with my just debts, howsoever and to whomever owing, out of the moneys that may first come into their hands as a part or parcel of my estate.
Second – I give and devise to my beloved wife Three hundred dollars, provided that she and I do not visit her sister Sarah Ferrell living in the Western part of this State, but if we do make the visit above mentioned, then and in that case it is my will and desire that she is to have Two hundred and fifty Dollars to be paid to her by my executors as soon after my death as practicable out of any moneys belonging to my estate not otherwise disposed of to be hers and at her disposal absolutely forever.
Third – My will and desire is that my perishable and personal property be sold and the money arising from such a sale together with any moneys belong to my estate (not otherwise disposed of) be equally divided among my children with exceptions of Thomas J. Hicks , and S. G. Hicks and as I have advanced to Thomas & Silas one hundred and twenty five Dollars each it is my will that they pay into my estate one hundred and twenty five Dollars a piece. And when this is done I desire that they shall share equally with the other children.
Fourth – My will is that my executor take and keep posseòsion of my land, and use it to the best interest of my children until all of my children become of age, at which time I desire it equally divided among Silas G. Hicks, Thos. J. Hicks, Catharine W. Hicks, Fannie R. Hicks, Lucas P. Hicks, & J. S. W. Hicks my dear children
And lastly I do hereby constitute those of my sons that may be of age at the time of my death, my lawful executors to all interests and purposes to execute this my last will and testament, according to the true interest and meaning of the same, and every part and clause thereof hereby making and declaring utterly void, all other wills and testaments by me heretofore made.
In witness whereof, I the said John Hicks do heretunto set my hand and seal this 19th day of May A. D. 1877.
Signed sealed & declared by the said John Hicks to be his last will and testament in the presence of –
North Carolina Probate Court. July 12th 1877.
The foregoing paper writing purporting to be the last will and testament of John Hicks deceased is exhibited before me the undersigned Judge of Probate by Silas G. Hicks and T. J. Hicks, the Executors therein named, and the due execution thereof by the said John Hicks, is proved by the oath and examination of John O. Drake and Z. M. P. Cole the subscribing witnesses thereto.
It is therefore considered that the said paper writing and every part thereof is the last will and testament of the said John Hicks and the same is ordered to be recorded and filed.
And thereupon, Silas G. Hicks and T. J. Hicks, the executors therein named qualified as such by taking the oath required by law.
William A. White. Probate Judge.
|Source: From the NC Archives - "Warren County Record of Wills 1863 - 1915, Vols. 50, 51, 52" C.100.80016.|
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