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State of North Carolina, County of
Transylvania.
I, Marion Owen, of said State and County,
and of Gloucester Township, being of sound mind
and disposing memory, but considering the
uncertainty of my earthly existence, do make,
publish and declare this to be 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 all my just
debts, out of the first moneys which may come
into his hands belonging to my
estate:
SECOND:- I give and devise unto my son,
Spurgeon Owen, in fee simple forever, all
rights, interests or equities, which I may own
at my death in and to any lands, situate, lying
and being in said State and
County:
THIRD:- I give and bequeath unto my said
son, Spurgeon Owen, all money, or moneys, live
stock, farming tolls, household and kitchen
furniture, notes or other evidence of debt due
me, provisions on hand, and any [and] all other
personal property of every kind and description
which I may own at my death:
FOURTH:- I hereby constitute and appoint
my trusty friend, Roland Owen, my lawful
executor to all intents and purposes, to
execute this my last Will and Testament,
according to the true intent and meaning of the
same, and every part and clause thereof -
hereby revoking and declaring null and void all
other Wills and Testaments by me heretofore
made.
In witness, I, Marion Owen, do hereunto
set my hand and affix my private seal, this the
4th day of May, 1917.
Marion (his X mark) Owen
(SEAL)
Signed, sealed and delivered, published
and declared, by the said Marion Owen to be his
last will and testament in the presence of us,
who, at his request and in his presence, (and
in the presence of each other) do subscribe our
names as witnesses hereto.
Witnesses}
D. L. English
Cos Paxton
O. W. Clayton
North Carolina In the Superior Court,
Transylvania County. Before N. A. Miller, C. S.
C.
Now comes Roland Owen, Executor named in
a paper writing purporting to be the last will
and testament of Marion Owen, deceased, and
exhibits the said paper writing before me, the
undersigned Clerk of the Superior Court of
Transylvania County, and the due execution of
said paper writing as the said last Will and
Testament is proved by the oath and examination
of Cos Paxton and D. L. English, the
subscribing witnesses thereto, who, being duly
sworn, doth depose and say, and each for
himself deposeth and sayeth that he is a
subscribing witness to the paper writing now
shown him purporting to be the last Will and
Testament of Marion Owen: that the said Marion
Owen in the presences of this deponeth,
subscribe his name at the end of said paper
writing now shown as aforesaid, did, at the
time of subscribing his name as aforesaid,
declared the said paper writing so subscribed
by him and exhibited to be his last Will and
Testament and this deponeth did thereupon
subscribe his name at the end of said Will as
an attesting witness thereto, and at the
request and in the presence of said testator:
That at the said time when said testator
subscribed his name to the said last Will and
Testament as aforesaid and at the time of this
deponeth subscribed his name as attesting
witness thereto as aforesaid the said Marion
Owen 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 these
deponents say not.
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