Lenoir County, NC - Wills

Transcribed and contributed for use in USGenWeb Archives by 
Patricia H. Armor <parmor@wave-net.net>

Mathew H. Carr

Last Will and Testament - written April 18, 1870 filed August 13, 1870

I Mathew H. Carr of the county of Lenoir and state of North Carolina being 
of sound mind and memory but considering the uncertainty of my earthly existence, 
do make and publish this my last will and testament in manor and form following:

Item-I lend unto my beloved wife, Sally R. Carr, the use of all the lands which 
I now own or may own at the time of my death with the improvements, thereon to 
have and to hold to her the said Sally r. Carr to have hold, use and cultivate 
for her own proper use and benefit for and during the term of her natural life 
or during the term of her widowhood.

Item-I lend and bequeath to my beloved wife, Sally R. Carr, all of my beds with 
the furniture belonging to the same during her natural life or widowhood, after 
which I give and bequeath the said beds and furniture to my three sons, James S. 
Carr, Titus Carr, and Mathew H. Carr, to be theirs and at their disposal 
absolutely forever.

Item-I give and bequeath to Elizabeth Hardy, daughter of my son, deceased son 
Joshua L. Carr twenty five cents to be paid her by my executor herinafter named 
to be hers and at her disposal absolutely forever.

Item-I give and bequeath to Jane Amanda Carr daughter of my deceased son Joshua 
L. Carr twenty five cents to be paid her by my executor hereinafter named to be 
hers and at her disposal absolutely forever.

Item-I give and bequeath to my daughter, Patsy Ann Tucker, ten dollars to be paid 
her by my executor hereinafter named to be hers and at her disposal absolutely 
forever.

Item-I give and bequeath to my son Mathew H. Carr, all of the notes and claims of 
every kind I hold against him to be paid to him by my executor hereinafter named 
to be his and at his disposal absolutely forever.

Item-My will and desire is after my death all the personal property owned by me 
at my death except the beds already disposed of shall be sold for cash by my 
executor herinafter named and after paying all my just debts together with my 
burial expenses and after taking out the above named legacies and bequests to the 
children of my deceased son Joshua L. Carr, my daughter, Patsy Ann Tucker, and my 
son Mathew H. Carr the proceeds of the same shall be equally divided and paid over 
by my executor hereinafter named to my following named children and grandchildren 
and my beloved wife Sally R. Carr in the following manor.

Viz.-Lewis W. Carr, James S. Carr, Titus Carr, Alexander Carr, Susan Cox and my 
two grandchildren Mathew Kitrell & Winniford Kitrell. The said grandchildren 
Mathew & Winniford Kitrell is to represent and receive only in equal proportion 
with my before mentioned children and wife Sally R. Carr, that is on seventh part 
of the before mentioned property to be equally devided between them and paid over 
to them by my executor hereinafter named in equal proportions that is to say 
Mathew & Winniford Kitrell shall both represent and receive one share only as 
above stated in this division to them and each of them to be theirs absolutely 
forever with the following provision that is to say if my grandchildren Mathew 
and Winniford Kitrell or either of them shall die before they arrive at the full 
age of twenty one years and not leave any children or children lawfully begotten 
them their other or surviving one shall receive exclusive of all others his or her 
portion or share of this bequest but in the event of both the aforesaid 
grandchildren dying before arriving at the age of twenty one years and not leaving 
any children or child as aforesaid then their portion or share of the bequest 
shall convert to and be paid over to my following named children:viz-Lewis W. Carr, 
James S. Carr, Titus Carr, Susan Cox & Alexander Carr in equal proportions, but if 
the said grandchildren or either of them shall live to be twenty one years old or 
leave a lawful child children then this before mentioned bequest shall be theirs 
his or hers as the case may be and at their his or her disposal absolutely forever.

Item- My will and desire is after the death of my beloved wife, Sally R. Carr that 
all the lands owned by me shall be sold by my executor hereinafter named on a 
reasonable credit and bonds to be taken by him for the same with approved security 
or the of the lands reserved until paid for.

Item-My will and desire is that the proceeds of the sale of the above named lands, 
shall be equally devided and paid over by my executor hereinafter named to my 
following named children and grandchildren in the following manor viz: Lewis W. 
Carr, James S. Carr, Titus Carr, Susan Cox, Alexander Carr and my two grandchildren 
Mathew and Winniford Kitrell the said grandchildren Mathew and Winniford Kitrell is 
to represent and receive only in equal proportion with my before mentioned children 
that is one sixth part of the before mentioned property to be equally divided between 
them and paid over to them by my executor hereinafter named. share and share alike 
to be their absolutely forever.

And lastly I hereby constitute and appoint my son James S. Carr 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 all other wills and testaments by one heretofore made utterly 
void. In witness whereof I the said Mathew H. Carr do hereunto set my hand and seal 
this 18th day of April 1870

Seal

Signed, sealed published and declared by the said Mathew H. Carr to be his last will 
and testament in the presence of us who at his request and in his presence do 
subscribe our names as witness thereto. John E. F. Harper, Lacy Phillips

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