Lenoir County NcArchives Wills.....Bagby, Helen M. September 28, 1880 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 March 27, 2015, 10:41 pm Source: N C Archives Written: September 28, 1880 I Helen M. Bagby of the county of Lenoir and State of North Carolina being of sound mind and memory but considering the uncertainly 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 hereinafter named executor 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 and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate. Second. That it is my will and desire that all my property of every description shall at my death belong to my children who may then be living. It is further my will and desire that a proper judicial tribunal shall appoint a good and discreet person who shall hold said property in trust for the benefit of said children and that the proceeds therefrom shall be expended for their maintenance and education and it is further my will and desire that each child on arriving at the age of twenty one years or shall marry shall be entitled to draw out from the common stock his or her equal share said share to be his or hers in fee simple. It is further my will and desire that should any of said children die before they are twenty one years of age or marry then and in that case the survivors shall inherit the share of said deceased child or children. I hereby appoint and constitute my beloved husband George K. Bagby of the aforesaid county and state 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 utterly void all other wills and testaments by me heretofore made. In witness whereof I said Helen M. Bagby do hereunto set my hand and seal this 28th day of September one thousand eight hundred and eighty. Helen M. Bagby (Seal) Signed sealed and delivered in presence of us witnesses day and date before written. W. W. Dunn F. F. Chadwick ----- North Carolina Lenoir County Probate Court July 11, 1883 Cynthia Dunn (Helen's mother) et als vs G. K. Bagby Devisivit Vel non - (a document that sets forth the questions of fact pertinent to the validity of an alleged will and is sent from a court of probate to a court of law for a jury trial for judgment as to the validity of the will) It appearing to the satisfaction of this court that the foregoing paper writing purporting to be the last will and testament of Helen M. Bagby dec'd was by a jury regularly impaneled in Greene County Superior Court to which the issue in this case was removed for trial, declared by their verdict to be the last will and testament of Helen M. Bagby the same having been certified from the Superior Court of said county to the Superior Court of this County and from the last named court to this court to proceed with said paper writing according to law. It is now here considered and adjudged that the said paper writing and every part thereof is the last will and testament of the said Helen M. Bagby and the same is ordered to be recorded and filed. It appears further to the court that George K. Bagby the executor therein named has qualified as such by taking the oath required by law. W. W. Dunn, Probate Judge (Helen's brother) ----- State of North Carolina Lenoir County In the Probate Court J. G. K. Bagby do solemnly swear that I believe this writing to be and contain the last will and testament of Helen M. Bagby deceased and that I will well and truly execute the same by first paying her debts and then her legacies as far as the said estate shall extend or the law will charge me; and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me and according to law. So help me God. G. K. Bagby Sworn and subscribed before me this 25th day of April, 1882 Wm. W. N. Hunter, Probate Judge Recorded in the office of the Superior Court Clerks of Lenoir County the 11th day of July, 1886. W. W. Dunn, Superior Court Clerk Additional Comments: Lenoir County, NC Record of Wills, 1869-1891, Vol. A NC Archives, Microfilm C.059.80001 (Helen M. Bagby was the daughter of Walter and Cynthia Loftin Dunn Jr.) This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 5.0 Kb