Lenoir County, NC - Wills File contributed for use in USGenWeb Archives by Jim Gaddis <monument@esn.net> Last Will and Testament of Mary E. Fonville - Jan. 23, 1895 and Codicile to Her Will - Apr. 20, 1898 Transcribed by Jim Gaddis of Grifton, NC on May 23, 2001 from a photocopy of the original, obtained at the Lenoir County, NC Court House on May 9, 2001 by Maryanne Berrett of Salt Lake City, UT. Every effort has been made to transcribe the contents as they appear in the actual will, including spelling and punctuation. Mary Fonville was a Richard Caswell descendent and should be of particular interest to Lenoir County researchers. I Mary E. Fonville wife of F. W. Fonville of Alamance County 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 It is my will and desire that my Executor herein after named shall provide my body a decent burial, one suitable to the wishes of my family and relatives, and pay all of my funeral expenses together with all of my just debts should I leave any, out of the first money that shall come into his hands as a part or parcel of my estate. Item 1st I give and bequeath to my relative Sarah Wright, daughter of Dr. Frank Knox, and now residing at Anniston Calhoun County and State of Alabama, my fine Brest Pin containing the likeness or picture of my father Lewis C. Desmond deceased, to be hers absolutely. But in case the said Sarah Wright shall not be living at the time of my death, then in that event, I give and bequeath my said Brest Pin to my relative Susan Cook now living at Anniston Alabama, and grand daughter of John Gatling, to be hers absolutely. Item 2nd It is my will and desire and I so direct, after my death, my executor hereinafter named, Collect all notes and accounts or other choses in action that may be due me; Sell all my other personal property of every kind, wheresoever found. I also direct that my said executor sell my plantation in Lenoir County and about three miles from Kinston and any and all other real estate I may own at the time of my decease, either at public or private sale as he may deem best for my estate, and convey said land and real estate to the purchasers in fee simple. And after paying all my debts and the expenses of the settlement of my estate, I direct that he have a tombstone erected at my grave. And all the balance of the money coming into his hands from my real and personal estate or otherwise I give and bequeath to Susan and Mary Knox, daughters of Gen. Richard Gatling, now living at Fort Smith Sabastian County and State of Arkansas, Sarah Wright and Richard Knox, children of Dr. Frank Knox, Sarah Wright now living at Anniston in Alabama, Richard Knox now living in Crescent City Del Norte County and State of California, and Susan Cook, grand daughter of John Gatling, and now living at Anniston Calhoun County and State of Alabama to have and to hold to them the said Susan and Mary Knox Gatling, Sarah Wright, Richard Knox and Sarah Cook equally to share and share alike. I hereby constitute and appoint my trusty friend E. F. Cox of Kinston Lenoir County and State of North Carolina my lawful Executor to execute this last Will and Testament and every part and clause thereof according to the true intent and meaning of the same, hereby revoking and declaring null and void all other wills and testaments by me heretofore made. In testamony whereof I Mary E. Fonville hereunto set my hand and seal Jan. 23rd 1895. Mary E. Fonville (seal) Signed, sealed, published and declared, by Mary E. Fonville to be her last Will and Testament in our presence, who at her request and in her presence subscribe our names as witnesses thereto A. J. Phillips J. Q. Jackson I Mary E. Fonville of the County of Lenoir and state of North Carolina being of sound mind and memory but considering the uncertainty of this my earthly existence, do make and declare this a codicil to my last will and testament, made Jan. 23rd 1895, and written by J. Q. Jackson, and now in his possession. Item 1. I desire that my house and lot where, and in which I now live, and which I have purchased since the making of my will, as aforesaid, shall, as soon as convenient after my death, be sold to the highest bidder, after being properly advertised, and the proceeds of such sale , after paying the necessary expenses, thereof, shall be equally divided between the Episcopal Church of this place and the Episcopal Orphanage of the State of North Carolina. I desire that three of the leading members (men) of the Church shall have the right to decide how best to use the money for the Church and for the orphans, and I desire that my Executor - heretofore named in my will before mentioned, to sell the property and pay over the proceeds to said three members and they are to use it - the money - as they think best for said Church and orphans. In testimony whereof, I hereunto set my hand and seal this April 20th, 1898. M E Fonville (seal) Signed, sealed, published, and declared by the said Mary E. Fonville, to be a codicil to her last will and testament in presence of us, who, at her request, and in her presence, and in presence of each other, do subscribe our names as witnesses thereto. Ada Hunter Cora. Koonce ============================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==============================================================