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Vance County Wills, Part 2

 

Will of PARTHENIA GREEN-1909
Vance County, NC- Will Book B, Pages 200-202

 

In the Name of God Amen
I, PARTHENIA GREEN being of sound mind, and disposing memory make, and disposing memory make this my last Will and Testament, revoking all others heretofore made by me. Viz, I give and bequeath unto my husband JOE GREEN my lot, containing two acres land adjoining the lands of GEORGE VANLANDINGHAM, ROBT. THOMAS and ATKINS, the large & shall trunk. My feather bed & bolster & pillows, my cart pot & kettle and such of my clothing as he may want, his natural life at his death, to be given in manner & form following to wit:
1st- I give and bequeath unto my friend & cousin GEORGE VANLANDINGHAM his heirs and assigns forever my lot containing two acres situate as above.
2nd- I give and bequeath unto my cousin ALONEDIUS VANLANDINGHAM my large trunk.
3rd- I give and bequeath unto my cousin JOE VANLANDINGHAM my small trunk.
4th- I give and bequeath unto my cousin DELIA VANLANDINGHAM my feather bed & two pillows and such of my clothing as my husband JOE GREEN may not want.
5th- I give and bequeath unto my cousin WILLIE VANLANDINGHAM my cart pot & teal kettle.
In witness whereof I the said PARTHENIA GREEN do hereunto set my hand and seal this 21st day of April 1886.
PARTHENIA GREEN ("X" his mark)

Signed Sealed published declared by the said PARTHENIA GREEN to be her last Will and testament in the presence of us who at her request and in her presence do subscribe our names as witness thereto.
W. J. KIMBALL
W. C. KIMBALL


State of North Carolina
Vance County
In the Superior Court

A paper writing purporting to be the Last Will and Testament of PARTHENIA GREEN deceased, is exhibited before me, the undersigned Clerk of the Superior Court, for said County by GEORGE VANLANDINGHAM one of the heirs therein mentioned and the due execution thereof by the said PARTHENIA GREEN is proved by the oath and examination of W. J. KIMBALL and W. C. KIMBALL the subscribing witnesses thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him purporting to be the last Will and Testament of PARTHENIA GREEN that the said PARTHENIA GREEN subscribed her name at the end of said paper writing now shown as aforesaid, and which bears date of 21st day of April 1886.
And the deponent further saith, that the said PARTHENIA GREEN the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited to be her Last Will and Testament, and this deponent did thereupon subscribe her name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further saith, that at the said time when the said testator subscribed her name to the said last Will as aforesaid, and at the time of deponents subscribing her name as an attesting witness thereto, as aforesaid, the said PARTHENIA GREEN 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.
Severally sworn and subscribed this 21 day of Jan 1909 before me
HENRY PERRY Clerk
Superior Court

W. C. KIMBALL
W. J. KIMBALL


North Carolina
Vance County
In Superior Court
Before Clerk
In Re Estate of PARTHENIA GREEN Deceased

Order for Probate of Will

A paper writing purporting to be the last Will and Testament of PARTHENIA GREEN deceased, is exhibited in open court for probate by GEORGE VANLANDINGHAM one of the Heirs therein named. And the due execution by the said PARTHENIA GREEN deceased, is duly proved by the oath and examination of W. C. KIMBALL and W. J. KIMBALL subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by the said PARTHENIA GREEN was, at the time of making said Will, of sound mind and memory, of full age to execute a Will and under no restraint to their knowledge, information or belief. It is thereupon considered, adjudged and decreed, that the said proof is sufficient and according to law, and that said paper writing is and contains the last Will and testament of PARTHENIA GREEN deceased. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the Office of the Clerk of Superior Court of said County.
Dated this the 20 day of Jan. 1909.
HENRY PERRY
Clerk of Superior Court
 

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Will of JOHN W. KITTRELL -1907
Vance County, Will Book B, Pages 123-125

 

Vance County
North Carolina

I, JOHN W. KITTRELL of Vance County North Carolina do make and declare this my last will and Testament
First. I desire my debts if any to be paid promptly. Also my funeral expenses.
Second. I give and bequeath to my son JESSEE KITTRELL the residence and immediate out buildings of residence and fifty (50) acres of land around and adjoining residences.
Third. I give and bequeath to my other three children, FLORENCE HIGHT, JOHN KITTRELL & ROBERT L. KITTRELL the balance of my real estate to be divided equally between them.
Fourth. I give and bequeath to my two grand children, MARY KITTRELL and FLORENCE KITTRELL (my deceased son WILLIE's children) Two hundred & fifty ($250.00) dollars each.
Fifth. All the remainder of my personal property I give one fifth (1/5) to each of my four children FLORENCE HIGHT, ROBERT L. KITTRELL, JOHN KITTRELL and JESSEE KITTRELL and to my deceased son WILLIE's two children I give each (1/10) of said remaiing personal property.
Sixth. I appoint my son ROBT. L. KITTRELL and my son in law H. N. HIGHT to be my executors of this my Will and instruct them to divide the personal property between the heirs or sell it for partition as they may deem best.
Witness my hand & seal this Dec. 31, 1906.
J. W. KITTRELL

Witness
C. L. BLACKNALL
J. B. ELLIS



State of North Carolina
Vance County
In the Superior Court

A paper writing to be the last Will and Testament of JOHN W. KITTRELL deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by H. N. HIGHT and R. L. KITTRELL the executor therein mentioned, and the due execution thereof by the said JOHN W. KITTRELL is proven by the oath and examination of J. B. ELLIS and C. L. BLACKNALL the subscribing witnesses thereto; who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of JOHN W. KITTRELL that the said JOHN W. KITTRELL in the presence of this deponent, subscribed his name at the end of said paper writing, now shown, as aforesaid, and which bears date of the December 31st 1906.
And the deponent 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 the said testator, and this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent subscribing his name as an attesting witness thereto- as aforesaid, the said JOHN W. KITTRELL was of sound mind and memory, of full age to execute a will, and was not under any restraint to their knowledge, information, or belief of this deponent, and further these deponents say not.
J. B. ELLIS
C. L. BLACKNALL

Personally Sworn and Subscribed
this 2nd day of December 1907
HENRY PERRY Clerk Superior Court


North Carolina
Vance County
In Superior Court Before HENRY PERRY Clerk
In Re Estate
of
J. W. KITTRELL Deceased
Order for Probate of Will

A paper writing purporting to be the last Will and Testament of JOHN W. KITTRELL deceased, is exhibited in open Court for probate by H. M. HIGHT & R. L. KITTRELL Executors therein named; and the due execution thereof by the said J. W. KITTRELL deceased, is duly proven by the oath and examination of C. L. BLACKNALL and J. B. ELLIS subscribing witnesses thereto and it is further shown to the satisfaction of the Court by said witnesses that the said J. W. KITTRELL was, at the time of making said will, of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information or belief.
It is thereupon considered adjudged and decreed that the said proof is sufficient and according to law and that said paper writing is and contains the last will and testament of J. W. KITTRELL deceased And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Vance County, and as such filed as provided by law in the office of the Clerk of Superior Court of said County.
It is further ordered that said H. M. HIGHT & R. L. KITTRELL be allowed to qualify as executors as provided by law and enter upon the discharge of the duties improved by said trust.
Dated this the 2 day of Dec 1907.
HENRY PERRY
Clerk of Superior Court

 

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Will of WILLIAM L. MOSS- 1908
Vance County, NC -Will Book B, Pages 139-142

 

Vance County
North Carolina

I, WILLIAM L. MOSS of Vance County, North Carolina being of sound and disposing mind do make and declare this my last will and testament; hereby revoking and declaring void all other wills herertofore made by me.
Item First. After the payment of my debts (I do not owe any thing at present) including burial expenses & doctor bill. I give my property as follows:
Item Second. I give and bequeath to my daughter MARTHA H. WOODLEIF, wife of PAT WOODLEIF, the home place including residence, and all out buildings which said home place containing about thirty acres of land and is known as the HENRY POWELL tract, but provided the lines of the HENRY POWELL tract cannot be established to the satisfaction of all concerned then I give and bequeath to my said daughter MARTHA H. WOODLEIF all the houses of residence lot and thirty (30) acres of land, in any shape she, the said MARTHA H. WOODLEIF, may choose to have the land cut.
Item Third. All the remainder of the BALL tract or any other land of mine between the HENRY POWELL or home place and the railroad I give and bequeath t my son THOMAS LEWIS MOSS.
Item Fourth. I give and bequeath to my son, BLAIR B. MOSS, for his only use and behoof during his natural life and at his death to go to his children the tract of land on which he now resides, situate on Buffalo Creek and containing Eighty (80) acres more or less.
Item Fifth. All my household and kitchen furniture (excepting my bed & bed clothing of my own bed which I give to LENA MOSS) I give to my daughter MARTHA H. WOODLEIF.
Item Sixth. All other property what soever (live stock, money &c) that I may die possessed of I give and bequeath equally to all my children and my grand daughter LENA MOSS who shall share equally with my children under the provisions of Item Sixth of this my Will. In testimony of their above I have this April 25th 1905 hereunto set my hand & seal.
WILLIAM MOSS ("X" his mark)

Witnesses
C. L. BLACKNALL
P. B. FINCH


State of North Carolina
Vance County
In the Superior Court

A paper-writing purporting to be the last Will and Testament of WILLIAM MOSS deceased, is exhibited before me, the undersigned Clerk of the Superior Court for said County, by MRS. PAT WOODLEIF one of the Heirs, therein mentioned, and the due execution thereof by the said WILLIAM MOSS is proved by the oath and examination of C. L. BLACKNALL & P. B. FINCH the subscribing witnesses thererto; who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper now shown him purporting to be the last Will and testament of WILLIAM MOSS that the said WILLIAM MOSS in the presence of this deponent, subscribed his name at the end of said paper writing, now shown, as aforesaid, and which bears date of the 25 day of April 1905.
And the deponent further saith that the said WILLIAM MOSS the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited, to be his Last Will and Testament and this deponent 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 the said testator, and this deponent further saith that at the said time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of deponents subscribing his name as an attesting witness as aforesaid the said WILLIAM MOSS 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.
C. L. BLACKNALL
P. B. FINCH

Severally sworn and subscribed this 19 day of March 1905 before me
HENRY PERRY Clerk
Superior Court


State of North Carolina
Vance County
In Superior Court Before HENRY PERRY Clerk
In Re Estate of WM. MOSS deceased
Order for Probate of Will

A paper writing purporting to be the last Will and testament of WILLIAM MOSS dec'd, is exhibited in open Court for probate by MRS. PAT WOODLEIF one of the Heirs therein named; and the due execution thereof by the said WM. MOSS dec'd is duly proven by the oath and examination of C. L. BLACKNALL and P.B. FINCH subscribing witnesses thereto. And it is further shown to the satisfaction of the Court by said witnesses that the said WILLIAM MOSS was at the time of making said Will, sound mind and memory, of full age to execute a Will and under no restraint to their knowledge, information or belief; it is thereupon considered, adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of WILLIAM MOSS dec'd. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the office of the Clerk of Superior Court of said County.
Dated this the 19th day of March 1908.

HENRY PERRY, Clerk of Superior Court

 

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Will of CHARLES A. NUTALL -1909
Vance County, NC - Will Book B, Pages 197-199

 

I CHARLES A. NUTALL of Vance County STate of North Carolina being of sound mind and memory do make this my last Will and testament.
I bequeath to my beloved ANNIE E. NUTALL all of my real and personal property for her benefit during her natural life and at her death to be equally divided between FANNIE E. BRITT and EDWARD W. NUTALL I want FANNIE E. BRITT to have the use of it during her life and at her death to her children. I also make EDWARD NUTALL and WILLIE A. BRITT my executors to my last Will. I want them to have power to sell or divide as they may see proper.
Witness my hand and seal this the 27 of March 1909.
C. A. NUTALL

Witness
MRS. H. W. POLSTON
M. B. FULLER


State of North Carolina
Vance County
In the Superior Court

A paper writing purporting to be the Last Will and Testament of C. A. NUTALL deceased, is exhibited before me, the undersigned Clerk of the Superior Cort for said County by MRS. C. A. NUTALL one of the heirs therein mentioned. And the due execution thereof by the said C. A. NUTALL is proved by the oath and examination of MRS. H. W. POLSTON & M B. FULLER the subscribing witnesses thereto who being duly sworn, doth depose and say, and each for himself deposeth and saith that he & she are subscribing witnesses to the paper writing now shown therein purporting to be the last Will and testament of C. A. NUTALL that the said C. A. NUTALL in the presence of this deponent, subscribed his name at the end of said paper writing now shown as aforesaid, and which bears date of the 27 day of March 1909. And the Deponent further saith that the said C. A. NUTALL the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited to be his Last Will and Testament, and this deponent did thereupon subscribe her name at the end of said Will as an attesting witness thereto and at the request and in the presence of the said testator. And this deponent further saith, that at the said time, when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing her name as an attesting witness thereto, as aforesaid, the said C. A. NUTALL 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.

MRS. H. W. POLSTON
M. B. FULLER

Severally sworn and subscribed
this 11 day of Oct 1909 before me.
HENRY PERRY Clerk Superior Court.

North Carolina
Vance County
In Superior Court
Before HENRY PERRY Clerk
In Re Estate of C. A. NUTALL Deceased

Order for Probate of Will

A paper writing purporting to be the last Will and Testament of C. A. NUTALL deceased is exhibited in Open Court for probate by MRS. C. A. NUTALL therein named; and the due executon thereof by the said C. A. NUTALL deceased, is duly proven by the oath and examination of MRS. H. W. POLSTON and M. B. FULLER subscribing witnesses thereto. And it is further shown to the satisfaction of the Court by said witnesses that the said C. A. NUTALL was of at the time of making said will, of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information or belief. It is thereupon considered, adjudged and decreed, that the said proof is sufficient and according to law and that said paper writing is and contains the last Will and testament of C. A. NUTALL deceased. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Vance County, and as such filed by law in the office of the Clerk of Superior Court of said County.
Dated this the 11 day of Oct 1909.
HENRY PERRY
Clerk of Superior Court
 

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Will of STELLA PERRY -1908
Vance County, North Carolina
Will Book B, Pages 126- 133
(Note, entire proceedings go on through Page 138)

 

State of North Carolina
The County of Vance
In the Superior Court, Before the Clerk

In the matter of the Will of STELLA PERRY, Deceased
Application for Letters Testamentary

HENRY PERRY being duly sworn doth say:
That STELLA PERRY, late of said County is dead having first made and published her last will and testament and that HENRY PERRY and A. C. ZOLLICOFFER are the executors named therein.
Further that the value of the said testators' property is near or the same can now be ascertained in about $45,000.00 consisting of land, stock, bonds, money and personal belongings.
That HENRY PERRY, of Henderson, Vance County, North Carolina, GENEVIEVE NICHOLSON of Hickory, Catawba County, said State, TEMPIE ZOLLICOFFER of Henderson, Vance County, said State, LESLIE PERRY of Henderson, Vance County, said state, the heirs of REDDIN PERRY, deceased, viz: BENNETT PERRY of Henderson, Vance County, said state, LEAH PERRY, of Henderson, Vance County, said state, MARY PERRY, of Henderson, Vance County, REDDIN PERRY, of Henderson, Vance County, said state, ISABEL PERRY, of Henderson County, said state, the item last-named being in just under the age of twenty-one years, having testamentory guardian, viz, FANNY PERRY of Henderson, Vance County, said state.
The heirs of LEAH H. COOPER, deceased, viz SIDNEY P. COOPER of Henderson, Vance County, said state, ALEXANDER COOPER, of Henderson, Vance County, said state, D. Y. COOPER JR. of Henderson, Vance County, said state, GENEVIEVE COOPER, of Henderson, Vance County, said state, ALLISON COOPER, of Henderson, Vance County, said state, the two last named being infants under the age of twenty-one years and without guardian.
The heirs of BENNETT PERRY, deceased, viz, MARTHA ROSE, of Henderson, Vance County, said state BENNETT B. PERRY, of Louisburg, in Franklin County, said state, EDWARD C. PERRY, of Louisburg, Franklin County, said state, are all the persons entitled as heirs or distributees of the estate so far as known to affiant. Whereupon he applies to the Court for the probate of said will according to law.
HENRY PERRY

Sworn and subscribed before me this 22nd day of February A.D. 1908.
H. T. POWELL
Notary Public

My commission expires Jany. 23/09.


State of North Carolina
The County of Vance
In the Superior Court

In Re the Will of STELLA PERRY, Deceased
Application for Removal
To
The Honorable C. C. LYNE
Judge of the Superior Court of North Carolina Holding the Courts of the Fourth Judicial District. The Petition of HENRY PERRY, respectfully showeth unto your Honor;
That he is a Clerk of the Superior Court of Vance County, that STELLA PERRY late of said County is dead, leaving a last wil and testament whereof he is therein named one of the executors and under which he is interested as a beneficiary, under said will he is disabled to act as such Clerk in relation to said will and estate, that he exhibits herewith his application before the Clerk of Vance Superior Court for the probate of said will, which has not been acted on because of his said disability. Whereupon he makes application, that your Honor will provenant to the statute in such case made and provided, remove the proceedings for the probate of said will to the Clerk of the Superior Court of an adjoining County in the same Judicial district.
HENRY PERRY

J. C. KITTRELL
THOMAS M. PITTMAN
Attorneys


State of North Carolina
The County of Vance
In the Superior Court

In Re the Will of STELLA PERRY, Deceased
Order of Removal
This cause coming as to be heard, upon the application of HENRY PERRY for the removal of the proceedings for the probate of the Will of STELLA PERRY, deceased, to the Clerk of the Superior Court of an adjoining County in this Judicial district.
And it affirming that STELLA PERRY, late of said County of Vance is dead, having made a last will and testament, when in HENRY PERRY is named as one of the executors and is given a beneficial interest in her estate, that said HENRY PERRY is Clerk of the Court, and by statute disqualified to act as such Clerk in relation to said will and estate; that said HENRY PERRY has made application to the Clerk of the Superior Court of Vance County for the Probate of said will, which is not acted upon because of such disqualification, and has made application to the Judge holding the Courts of this district for the removal of said proceeding to the Clerk of the Superior Court of an adjoining County in the same district.
Now, on motion of J. C. KITTRELL and THOMAS M. PITTMAN attorneys for said petitioners, it is ordered and adjudged that the proceeding for the probate of said Will be removed to the Clerk of the Superior Court of Franklin County, which County is adjoining Vance County, and with the same district, for action upon and application for probate.
The said Clerk of the Superior Court of Franklin County will take, hear, and examine the proofs of the execution of said will, and adjudicate thereon as fully as if the proceeding were one originating in his County, this proceeding including the application for probate herewithunto, the application for removal and this order of removal together with the record of probate of said will and the qualification of the executor or executors shall be directed and recorded in the office of the Clerk of the Superior Court of Franklin County, and the said will if admitted to probate shall also be recorded in said office, the said record shall then be certified back to the Clerk of the Superior Court of Vance County for record in his office, and the said will shall be returned to the said Clerk for record and filing in his office as required by law.
The Inventories, Accounts, and Settlements of said executor or the executors, upon the admission of the will to probate and the qualification of said executors or either of them, shall thereafter be submitted to the Judge of the Superior Court of the District or the Judge holding the Courts of the district, for such orders as may be necessary in the settlement and administration of the estate. Done at Henderson, in Vance County, this February 22, 1908.

C.C. LYNE
Judge holding the Courts of the district


North Carolina
Franklin County

I. J. J. BARROW, Clerk of the said state and County do hereby certify that the foregoing application for Letters Testimentary, official for Removal and order of Removal, is the original files of papers ordered to be recorded in the office of the Clerk of the Court said County and State. That the same has been duly recorded, in said office in the Book of Orders and Decrees No.8, at Pages 189 & 190. Witness my hand and seal this March 18th 1908, at office in Louisburg, N.C.
J. J. BARROW
Clerk Superior Court Franklin County North Carolina


North Carolina
Vance County

I, STELLA PERRY, last of Franklin County, North Carolina, being of sound memory and disposing mind
do make, declare and publish this my last will and testament hereby revoking and declaring all other will or wills by me made null and void, in manner and form, following to wit:
1st. I give and bequeath to my brother HENRY PERRY my land cut off from the old home place, known as "Cascine" during his life, after his death, to his son LESLIE PERRY.
2nd. To TEMPIE ZOLLICOFFER, GENEVIEVE NICHOLSON and HENRY PERRY - I give $2000 each.
3rd. To my brother BENNETT's children I give $2000 to be equally divided between them.
4th. To my sister NELLIE COOPER's children I give $2000 to be equally divided between them.
5th. To my brother REDDING's children I give $1000 to be equally divided between them, I having heretofore given to my brother REDDING a considerable amount.
6th. The tract of land in Franklin County known as "Mantena" I give to my sister GENEVIEVE NICHOLSON, her life.
7th. The tract of land in Franklin County known as the "REDDING PERRY" place, I give to my nephew LESLIE PERRY and JIM ZOLLICOFFER to be equally divided.
8th. The household furniture, books &c I give to HENRY, TEMPIE and GENEVIEVE as they may agree to divide it.
9th. The residue of my personal property I give to HENRY PERRY, TEMPIE ZOLLICOFFER and GENEVIEVE NICHOLSON to be equally divided.
10th. If either of my sisters or brothers owe me anything, at my death, I desire the notes to be destroyed. They are to be considered cancelled.
11th. I desire that no lands shall be sold to pay these legacies, and if there should not be enough to pay said sums, they shall be scaled proportionately.
12th. I appoint my executors HENRY PERRY, and A. C. ZOLLICOFFER. Signed, sealed and delivered this the first day of July 1905.
STELLA PERRY

Witness
W. E. GARY
K. W. EDWARDS

State of North Carolina
Franklin County
In the Superior Court Before J. J. BARROW, Clerk

In Re the Will of STELLA PERRY, Deceased

A paper writing purporting to be the last Will and testament of STELLA PERRY, deceased, is exhibited before the undersigned, Clerk of the Superior Court of Franklin County, by HENRY PERRY, and A.C. ZOLLICOFFER, the executors therein named, the proceedings for the probate of the said will having been by order of the Judge of the Superior Court removed from Vance County to the Clerk of the Superior Court of Franklin County for action therein because of the disqualification of the Clerk of the Superior Court of Vance County, he being one of the devisees, legatees and executors named in the said Will; the due execution of the said will by the said STELLA PERRY is proved by the oath and examination of W. E. GARY and K. W. EDWARDS the subscribing witnesses thereto, who being first duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him, purporting to be the last will and testament of STELLA PERRY; that the said STELLA PERRY in the presence of this deponent, subscribed her name at the end of said paper-writing now shown as aforesaid, and which bears date the first day of July 1905. And the deponent further says, each for himself, that the said STELLA PERRY, the testatrix aforesaid, did at the time of subscribing her name declare the said paper-writing so subscribed by her and exhibited to be her last will and testament, and this deponent 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 the said testatrix, and in the presence of each other, and deponents further say, each for himself, that at the time when the said testatrix subscribed her name to the said will, as aforesaid, and attesting witnesses thereto, the said STELLA PERRY 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.
W. E. GARY
K. W. EDWARDS

Severally sworn and subscribed this 18 day of March 1908, before me. J.J. BARROW, Clerk
Superior Court Franklin County

 

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Will of THOMAS JEFFERSON TAYLOR- 1907
Vance County, NC - Will Book B, Pages 194-196

 


In the Name of God Amen;
I THOMAS JEFFERSON TAYLOR of the County of Vance and State of North Carolina being of sound mind and disposing mind and memory do make and publish my last Will and Testament in manner following to wit
Item 1st.   It is my Will and desire that all my just debts shall be paid out of the first moneys that may come into the hands of my Executor including my funeral expenses.
Item 2nd.  It is my Will and desire that my son BENJAMIN REUBIN TAYLOR shall have the use and possession of my house and lot on Spring Street near the North Carolina corporate limit of the Town of Henderson and bounded by said street and lands of J. R. YOUNG, during the time of his natural life and at his death it is my will and desire that the said house and land shall go to his three boys FLETCHER TAYLOR, BENJAMIN TAYLOR and WALLY TAYLOR in fee simple forever.
Item 3rd.  I hereby appoint ANDREW J. HARRIS Executor of this my last Will and testament hereby revoking all other wills heretofore made by me.
Item 4th.  Should there be any personal property remaining after paying my just debts and funeral expenses &c I desire the same to be current or directly to my son BENJAMIN for his own use and benefit. In testimony whereof I have hereto set my hand and affixed my seal this 30th day of July A.D. 1907.
T. J. TAYLOR

Signed and Sealed in our presence by T. J. TAYLOR who requested each of us to sign same as witnesses this last will and testament this 30th day of July 1907
HENRY T. POWELL
B. H. PERRY


State of North Carolina
Vance County
In the Superior Court

A paper writing purporting to be the Last Will and Testament of THOMAS J. TAYLOR deceased is exhibited before me, the undersigned, Clerk of the Superior Court for said County by ANDREW J. HARRIS the executor therein mentioned, and the due execution thereof by the said THOMAS J. TAYLOR is proved by the oath and examination of HENRY T. POWELL and B. H. PERRY the subscribing witnesses thereto; who, being duly sworn, doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him purporting to be the last will and testament of T. J. TAYLOR that the said THOMAS J. TAYLOR, in the presence of this deponent subscribed his name at the end of said paper writing now shown as aforesaid and which bears date of the 30th day of July 1907.
And the deponent further saith, that the said THOMAS J. TAYLOR the testator, aforesaid, did at the time of subscribing his name as aforesaid declare the said paper-writing so subscribed by him and exhibited to be his Last Will and Testament. And this deponent 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 the said testator, and this deponent further saith, that at the said time when the said testator subscribed his name to the said Last Will as aforesaid, and at the time of deponents subscribing his name as an attesting witness thereto as aforesaid, the said THOMAS J. TAYLOR 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 there deponent say not.
HENRY T. POWELL
B. H. PERRY

Several sworn and subscribed this 31 day of July 1909 before me
HENRY PERRY
Clerk Superior Court


North Carolina
Vance County
In Superior Court
Before Henry Perry Clerk

In Re Estate of THOMAS J. TAYLOR deceased

A paper writing purporting to be the last Will and Testament of THOMAS J. TAYLOR deceased, is exhibited in open Court for probate by A. J. HARRIS Executor therein named. And the due execution thereof by the said THOS. J. TAYLOR deceased is duly proven by the oath and examination of HENRY T. POWELL and B. H. PERRY subscribing witnesses thereto. And it is further shown to the satisfaction of the Court by said witnesses, that the said THOMAS J. TAYLOR was, at the time of making said will, of sound mind and memory of full age to execute a will and under no restraint to their knowledge, information or belief.
It is therefore considered, adjudged and decreed that the said proof is sufficient and according to law, and that said paper writing is and contains the last Will and testament of THOS. J. TAYLOR, deceased and on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Vance County and as such filed as provided by law in the Office of the Clerk of Superior Court of said County. It is further ordered that said A. J. HARRIS be allowed to qualify as executed as provided by law and enter upon the duties imposed by said trust.
Dated this the 31 day of July 1909.

HENRY PERRY
Clerk of Superior Court

 
 
 

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