Will of James M. Sitton, January 1, 1862

Transcribed by Philip Underwood-Sheppard

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Information and index of Transylvania County Wills and Estate Records

    I, James M. Sitton, of the county of Transylvania and state of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existance do make and declare this my last will and testament in manner and form following, that is to say:

    First, that my executor hereinafter mentioned, 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 or to whomsoever owing, out of the money that may first come to hand as a part or parcel of my estate.

    Item. I give and bequeath to my beloved wife, Martha Sitton, a share equal to each of my children both of my personal and real estate together with one year's maintenance for herself and all the children.

    Item. I give and bequeath to all my children and each of them a share equal to my wife both in my real and personal estate, share and share alike to them and each and every of them their executors, administrators, and assigns absolute forever.

    And. Lastly, I do hereby constitute and appoint my trusty brother and friend, John G. Sitton, my lawful executor to all intents and purposes to sell and dispose of to the highest bidder all my estate both real and personal and to collect all debts owing to me, and, the surplus after paying of debts and expenses to divide the same amongst my wife and children according to the true intent and meaning of this my last will and testament and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

    In witness whereof I, the said James M. Sitton, do hereby to sit hand and seal this 1st day of January 1862.

                                                                                                    James M. Sitton  (Seal)

Signed, sealed, published, and declared by the said James M. Sitton to be his last will and testament in presents of us who at his request and in his presents do subscribe our names as witnesses thereto.

Jonas Simpson
George Orr
                                                                                                      James M. Sitton  (Seal)

The due execution of the foregoing will of James M. Sitton was proven in the court of pleas and quarter sessions by the subscribing witnesses thereto viz. Jonas Simpson and George orr the 19th day of August 1862.

Witness: George Orr, Clerk

From: Minutes of the Court of Pleas and Quarter Sessions, Transylvania County, NC, 1861-1867, by Sue Dempsey Brewer, privately published, 1999:

"The last will and testament of James M. Sitton, deceased was received by James Simpson & George Orr, the subscribing witnesses and recorded and John C. Sitton, Executor therein named appeared and was sworn as Executor and letters of administration granted."

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