I, John Clayton
Of the county of
Transylvania and State of North Carolina being
of sound mind and memory but considering the
uncertainty of my earthly existence do make and
declare this my last will and testament in
manner and form following that is to
say,
First that my executors 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 all of my just debts howsoever
and to whosoever owing out of the money that
may first come into their hands as a part of
parcel of my estate.
Item 1st I give and bequeath to my
beloved wife Susannah Clayton the benefit of my
mansion house and out buildings together with a
suitable amount of my household and kitchen
furniture as may be necessary for her comfort
to be set apart by my executors according to
there judgment and to have a comfortable
maintenance and support from the proceeds of
all my lands set in reserve in titles by me
made to J. W. Clayton, E. B. Clayton and G. W.
Wilson all to be under the management of my
executors.
2nd My will and desire is that all the
residue of my estate by sold by my executors
and all debts due me be collected and after
paying all expenses and debts the residue to
equally divide amongst my children or their
representatives share and share alike they
(that is my children or representatives)
rendering and accounting by inventory account
of all that they have received as an
advancement heretofore made.
And lastly I do hereby constitute and
appoint my trusty friends George Orr and G. W.
Wilson my lawful executors 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 thereof
hereby revoking and declaring utterly void all
other wills and testaments heretofore
made.
This 28 day of March AD 1867
John Clayton (Seal)
Signed, sealed, published, and declared
by the said John Clayton to be his last will
and testament in presence of us who at his
request and in his presence do subscribe our
names as witnesses thereto.
J. S. Lyday
A. W. Beck
The foregoing is a true copy of John
Clayton's will
George C. Neill
Probate Judge  ^ Back
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From: Minutes of the Court of Pleas and
Quarter Sessions, Transylvania County, NC,
1861-1867, by Sue Dempsey Brewer, privately
published, c. 1999:
p. 109: 'Executor of John Clayton, Dec. be
relieved from as access of county tax for 1869
on two separate tracts of land.'
p. 120: 'Ordered by the Board that the
Executors of John Clayton, Dec'd be allowed to
make correction of a Deed of John Clayton to T.
W. Clayton dated 16th day of May 1863 and in
the first tract of said Deed and fifth line is
that it should read as follows "North 15 West
44 poles to a Red Oak" and the Records be so
amended by the Registrar and certified on the
books of the Deed.'
^ Back
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