Lenoir County, NC - WILL OF WILLIAM PARKER GILBERT, 1928
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WILL OF WILLIAM PARKER GILBERT
Copy of Will supplied by Jack Gilbert
North Carolina, Lenoir County
I, W. P. Gilbert, of the above named County and State, being of sound mind,
but considering the uncertainty of life, do make declare and publish this
my last will and testament as follows:
FIRST: My executors hereinafter named are directed to provide for my body a
proper and decent burial, suitable to the wishes of my relatives, and to pay
all funeral expenses, as well as all of my just debts and the liabilities
against my estate out of the first moneys which may come into their hands
belonging to my estate.
SECOND: I give, devise and bequeath unto my beloved wife, Martha R. Gilbert
all of my household and kitchen furniture and effects to be hers absolutely,
and it is further my will and desire, and I do so hereby direct, that my
said wife shall for and during her life have all of the net rents which may
be derived from my lands, the said lands being the property in Contentnea
Neck Township, Lenoir County, and being the same lands represented by a map
or plot hereto attached and made a part hereof, having in such map or plot
been subdivided for the purposes hereinafter appearing. The dispositions
made of the subdivisions of said property appearing later in this will shall
be subject to the provisions contained in this item thereof. It is further
my will and desire, and I do so here specifically direct, that my said wife
shall for and during her life have and use for her own benefit my dwelling
house and the outhouses connected therewith, wherein my and myself now
reside, and also being shown upon the map and plot hereto attached and
especially on that portion thereof designated Lot No. 3.
THIRD: I give, devise and bequeath unto my son, Francis M. Gilbert, that
portion of my land which is designated upon the plot and map hereto
attached as Lot No 4 and Lot No. 4A, the said lots to be held by my said
son in fee simple, subject only to the provisions and conditions of Item 2
of my last will and testament. In connection with this devise, it is my
desire, and I do so hereby direct, that my daughter, Mabel Gilbert Freeman,
shall have the benefit of a right-of-way for the lands devised to her
through, over and across lots No 4 and No 4A to the end that there may be
a way provided from and between Lot No 5A and Lot No 5, the latter lot
lying on the public road leading from Hockerton (sic) to Grifton.
FOURTH: I give, devise and bequeath unto my daughter, Willie Gilbert
Pollock (wife of Ben Pollock) that portion of my lands specifically
represented upon the plot and map hereto attached as Lot No 2, and Lot No
2A, the said lands to belong to my said daughter in fee simple, subject
only to the provision s of Item2 of this my last will and testament. In
connection with this devise, it is my will and desire, and I do so hereby
direct, that there shall be a right-of-way for the benefit of Lot No. 1
and Lot No 1A, as hereinafter set forth over and across Lot No. 2 herein
devised to the end that there shall be provided a way from and between Lot
No. 1 A and Lot No 1, the latter said lot being on the above mentioned
public road.
FIFTH: I give, devise and bequeath unto my daughter, Mabel Gilbert Freeman
(wife of Henry Freeman) that portion of my lands specifically appearing
upon the plot and map hereto attached as Lot no 5 and Lot No 5A, the said
lands to be held by my said daughter, Mabel G. Freeman, in fee simple,
subject only to the provisions of Item 2 of this my last will and testament.
In connection with this devise it is my will and desire, and I do so hereby
direct, that my said daughter, Mabel Gilbert Freeman, shall have for the
benefit of the lands herein devised to her a right-of way over, through and
across Lot No4 and Lot No 4A herein devised, to the end that a way may be
provided from and between said lots No 5A and 5, the latter said lot being
upon said public road above mentioned.
SIXTH: I give, devise and bequeath unto my son, Joseph W. Gilbert, that
portion of my lands specifically appearing upon the plot and map hereto
attached as Lot No 3 and Lot No 3A, the said lands to be held by him, my
said son, Joseph W. Gilbert, in fee simple, subject only to the provision
of Item 2 of this my last will and testament. In connection with this
devise, it is my will and desire, and I do so hereby direct that there shall
be a right-of-way over and across said lot No 3 for the benefit of Lot A.
1A and Lot No 1 herein devised, to the end that a way may be provided from
and between Lot No. 1A and Lot No 1, the latter said lot being upon said
public road above mentioned, and said right-of-way herein provided for to
extend through and across the said Lot 3 and also Lot No 2, as fully appears
I this will.
SEVENTH: I give, devise and bequeath unto my daughter, Selma Gilbert
Phillips (wife of L. A. Phillips) that portion of my lands specifically
appearing and set forth in the plot and map hereto attached as Lot No. 1
and Lot No 1A, the said land to be held by my said daughter, Selma Gilbert
Phillips, in fee simple, subject only to the provisions of Item 2 of this my
last will and testament. In connection with this devise, it is my will and
desire, and I do so hereby direct, that my said daughter, Selma Gilbert
Phillips, shall have for the benefit of Lot No 1A and lot No 1 herein
devised to her a right-of-way through, over and across Lot No. 3 and Lot
No2 herein devised, and in accordance with the provisions herein before
mentioned, to the end that there may be a way from and between said Lots
No 1A and No 1 as already before stated herein.
EIGHTH: I give, devise and bequeath unto my daughter, Selma Gilbert
Phillips, my son, Francis M. Gilbert and my son, Joseph W. Gilbert, that
portion of my lands appearing upon the map and plot hereto attached and
marked 13 acres of wood land not divided to go and belong to my said
three children mentioned in this item as tenants in common, share and
share alike, in fee simple.
NINTH: I give and bequeath to my son, Stephen N. Gilbert, the sum of Five
Hundred ($500.00), to be paid to him out of my estate, and to be his
absolutely.
TENTH: I give and bequeath to my daughter, Elizabeth Gilbert Abbott
(wife of T. J. Abbott), the sum of Five Hundred dollars ($500.00) to be
paid to her out of my estate, and to be her's absolutely.
ELEVENTH: I give, devise and bequeath all the remainder of my personal
property unto my wife and children, to wit: Martha E. Gilbert, Francis M.
Gilbert, Willie Gilbert Pollock, Mabel Gilbert Freeman, Joseph W. Gilbert,
Selma Gilbert Phillips, Stephen N. Gilbert and Elizabeth Gilbert Abbott,
hereinbefore named in the various items of this will, such personal
property to be their's equally and share and share alike absolutely and
forever; and further it is my will and desire, and I do so hereby direct,
that all the rest and residue of my property not hereinbefore described or
any property, real, personal or mixed, to which my estate may in any wise
become entitled, or which I may own, and which may not be included or
covered by any of the items of this my last will and testament, shall go
to my said wife and my children, hereinbefore named in this item, equally,
and share and share alike, in fee simple and absolutely forever.
TWELFTH: I hereby constitute and appoint my sons, Francis M. Gilbert and
Joseph W. Gilbert, 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 and clause thereof, hereby revoking and
declaring utterly void all other wills and testaments or paper writings
purporting to be wills and testaments by me heretofore made. It is my desire
that my said above named executors shall not be required to give any bond
for the performance of their duties, hereunder.
In WITNESS WHEREOF I, the said W. P. Gilbert, do hereunto set my hand and
affix my seal this the 3rd day of April, 1922.
Signed W. P. Gilbert
Signed, sealed, published and declared by the said W. P. Gilbert to be his
last will and testament, in the presence of us, who, at his request and in
his presence (and in the presence of each other) do subscribe our names
witness thereto
This the 5th day of April, 1922
R. A. Whitaker
J. F. Peels
Filed Aug. 25th, 1928
J. T. Heath, CSC
There are several surveys that accompany. The first is the plantation of
Mrs. Hannah Gilbert which was surveyed August 1883. Hannah was the daughter
of Stephen Carr Phillips and the first wife of William Parker Gilbert. This
land was part of the original Land Grants for John Phillips and is located
on the road between Hugo and Grifton along Eagle Swamp.
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This file was contributed for use in the USGenWeb Archives by
Jack Gilbert <oysterman@comcast.net>
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