WILL OF BENJAMIN FRANKLIN LITTLE - 1878
Transcribed from a photocopy of the original by Ruth Duncan of Tujunga, CA
Posted January 09, 2011
Contact Myrtle Bridges
Will of Benjamin Franklin Little
Transcribed from a photocopy of the original by Ruth Duncan
State of North Carolina,
County of Richmond
I, Benjamin F. Little, of the county of Richmond and State of North Carolina, do make and publish the following as my last Will
and Testament: I give and bequeath, and devise, unto my beloved wife, Mary Jane Little, for the term of her natural life, all my
household and kitchen furniture, including all my books; and a child's part of the balance of my estate, real and personal.
The remainder of my estate, real and personal, I wish to be divided among all my children equally, share and share alike, and my
will is to include any child or children that my be born after this date.
In the division of my real estate, it is my desire that my wife's portion include my present residence, and the tract of land on
which it stands, it being the land I bought of Arthur A. Robinson;- but no valuation is to be put on the dwelling or on any of the
buildings on said tract of land,- it being my will that my wife shall receive a child's part of my real estate over and above the
value of said buildings.
In the division of my stocks in Banks, I wish my wife and each child to receive an equal part in the stock of each bank; and the
same rule to be observed in the division of the stock in each Cotton Mill in which I own stock.
At my wife's death, it is my will and desire that all the property and estate, real and personal, that I have left to her for life,
shall be equally divided among my children and the issue of any deceased child or children. But I do not wish any sale of any part
of the real estate to effect such division, but at my wife's death, I wish the tract of land on which is situated my present residence
to be assigned to my son Rufus Reid Little, if living, and if not, then to my next oldest son. But the one so receiving said tract,
is to account to my other children for the value of said tract and for the value of the buildings on the same, including my present
residence; it being my intention that all my children shall receive an equal share in valuation of all the estate, real and personal,
left to my wife for life.
Should any one of my children die without issue living at his or her death, then the property and estate of the one so dying, to go
to my surviving children or their representatives. (The foregoing is the disposition I wish made of my estate when the division takes
place, but I wish no division made except as I shall hereinafter direct as to time and manner.)
It is my will that there be no sale of any part of my estate at my death, unless my executrix see fit to dispose of certain portions
thereof, to prevent loss, or that, in her judgement, such sale is manifestly for the best interest of herself and my children; but I
wish all my estate real and personal, kept together, without any division until one of my children shall arrive at the age of twenty
one years; then a division is to be made if the one so arriving at the age of twenty one years shall desire it; unless my wife should
marry, and in that event, I wish a division immediately made, but my wife is to have entire control of my estate during her widowhood,
until my son Rufus Reid shall arrive at twenty one years of age; and before the division of my estate my wife is to receive all the
rents and profits arising from the same, to invest the same as she may seem fit, and to apply such part as she thinks proper, to her
own maintenance and comfort, and to the maintenance and education of my children; and all such increase of my estate to be divided among
my wife and children when the division takes place, in the same manner and under the same limitations as I have directed for the division
of my estate as it may stand at the time of my death.
I authorize my executrix to make such disposition of my guns, pistols, watches and books among my children as she may think proper at
the time, even before the general division of my estate; or to sell any of such guns, pistols or books as she may see fit.
I hereby appoint my wife, Mary Jane Little, as my executrix, and as guardian of my children and of their estate, until my son Rufus R.
Little shall arrive at twenty one years of age; but up to that time (when he arrives at said age) I do not wish my wife to be required
to return to any court or any other authority, any Account as executrix or as guardian; unless she should marry; and in that event a
division is to take place, and the usual and regular accounts rendered, and my wife is to continue as my executrix and as guardian for
my children, in her own separate right, until my son Rufus arrives at twenty one years of age, when he is to become sole executor of my
Will, and sole guardian of my children and of their estates. But during the widowhood of my wife after my son Rufus arrives at twenty
one years of age, she is to continue as executrix, and as guardian of my children, jointly with my son Rufus after he arrives at said age.
To prevent any misconception of a part of the foregoing, I hereby express my intention to be, that, my wife and son Rufus shall jointly
act in every respect as executrix and executor and as guardians, after my son Rufus shall arrive at twenty one years of age, and during
the widowhood of my wife; and the usual accounts rendered to court, including an Inventory of my estate, when said son arrives at twenty
one years of age, or before in case of the marriage of my wife.
Witness my hand and seal, this May 2nd, 1878.
J. T. Bradley B. F. Little (Seal)
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