Lenoir County, NC Will of Council Hooten, 1891
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WILL OF COUNCIL HOOTEN
Will Book A, page 584
30 Sept. 1885/ Probated 11 Feb. 1891
Clerk of Courts Office
Kinston, Lenoir County, N.C.
State of North Carolina
Lenoir County
In the matter of the last will of Council HOOTEN
Before Est? BIZZELL
Clerk of Superior Court
Alexander HOOTEN being duly sworn, doth say: That Council HOOTEN, late
of said County is dead having first made and published his last will
and testament; and that he Alexander HOOTEN is the executor named
therein.
Further, that the property of the said Council HOOTEN consisting of
real and personal estate is worth about $1200.00 so far as can be
ascertained at the date of this application, and that John C. HOOTEN,
W. H. HOOTEN, Alexander HOOTEN, Polly Ann BARWICK, Lucy SPARKES, Jennie
M. DUPREE, and Olivia HOOTEN (Olivia HOOTEN is a minor about 15 year
old) all living in Lenoir County except W. H. HOOTEN are the parties
entitled under said will to the said property.
Alexander HOOTEN
Sworn to and subscribed before
Me the 11th day of February 1891
E. H. BIZZELL
Clerk of Superior court
I, Council HOOTEN of the county and State aforesaid, being of sound
mind and memory, but considering the uncertainty of any earthly
existence, do make and declare this to be my last will and Testament in
manner and form following:
First: I command my soul to the keeping of the Lord Jesus Whose I am
and in whom I trust as my Savour.
Second: That my executor hereafter named shall provide for my body a
decent burial, suitable to the wishes of my friends, and pay all
funeral expenses, together with my just debts out of the first moneys
that may come into his hands as a part or parcel of my estate.
Item, 1st, I give to my son John C. HOOTEN that part of my land lying on
the north side of the public road and joining the lands of E. S.
BROADWAY and Fred JONES to have and to hold the same his heirs and
assigns in fee simple forever.
Item, 2: I give to my son W. H. HOOTEN the part of my land my buildings
are now on commencing at BROADWAY'S line and running with the public
road to the head of the deep gully between my house and the house of my
son Alex. HOOTEN, and running with said deep gully to a point at the
upper side of the field known as the POOL-HILL field thence along the
end of said Field to the Creek, thence up the Creek to BROADWAY'S line
and with said line to the beginning. I also give my son W. H. HOOTEN
one bed and furniture.
Item, 3rd, I give to my son Alexander HOOTEN the balance of my land
joining the lands of Fred JONES and running with his line to the creek
thence up the creek to a point already described by the line between
him & W. H. HOOTEN to the public road and with the said road to the
beginning to have and to hold said land his heirs and assigns in fee
simple forever.
Item 4th, It is my will that each of my sons John C. HOOTEN, W. H.
HOOTEN and Alexander HOOTEN shall pay into the hands of my execution
two hundred dollars each to be used as further directed.
Item 5th, I give to my daughter Polly Ann, two hundred dollars to be
paid her by my executor.
Item 6th, I give to my daughter Jennie H. DUPREE one hundred dollars.
Item 7th, I give my daughter Lucy, two hundred dollars and all my
household and kitchen furniture that is not otherwise disposed of in
this will.
Item 8th, I give to my grand daughter Olivia one hundred dollars and one
bed and furniture.
And lastly I do hereby constitute and appoint my son Alex. HOOTEN my
lawful executor to all interests and purposes to execute this my last
will and testament.
In witness whereof I the said Council HOOTEN do hereunto set my hand
and seal this the 30th day of September 1885.
Council (his X mark) HOOTEN, Seal
Signed, in presence of us by his request as Witnesses.
J. G. PRICE
Lucy HOOTEN
State of North Carolina
Lenoir County
In the Superior court
A paper purporting to be the last will and testament of Council HOOTEN
deceased is exhibited before me the undersigned Clerk of the Superior
Court for said county by Alexander HOOTEN the executor therein
mentioned, and the due execution thereof by the said Council HOOTEN was
proven before me by the Oath and examination of J. G. PRICE and Lucy
HOOTEN, now Lucy SPARKS the subscribing witnesses thereto: who being
duly sworn did depose and say, and each for himself depose and say that
he is a subscribing witness to the paper writing now shown him
purporting to be the last will and testament of Council HOOTEN
deceased, that the said Council HOOTEN 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 September
1885.
And the deponents further say, that the said Council HOOTEN, 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 the deponents further say 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 Council HOOTEN was of sound
mind and memory of full age to execute a will and was not under and ---
------------------------------
Knowledge, information or belief of this ------------------------------
------
It is therefore considered and -------------- that the said paper
writing and every part and ------ of is the last will and testament of
Council HOOTEN, Deceased and the same is ordered to be recorded and
filed. And thereupon Alexander HOOTEN the executor aforesaid duly
qualified as such by taking the oath prescribed by law.
This 11th day of February 1891.
E.H. BIZZELL
Clerk Superior Court
Recorded March 2nd 1891
E. H. BIZZELL, CSC.
END OF DOCUMENT
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