Lenoir County, NC - Will of Richard West King, 1883
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KING WILL
WILL OF RICHARD WEST KING, submitted by Wilbur King from research of Susan
Moody. Transcribed and abstracted by Martha Mewborn Marble
State of North Carolina, Lenoir County
Before W. W. Dunn, the Clerk of the Superior Court of the said County and ex
officio Judge of Probate.
Two certain paper writings purporting to be the last will and testament of
R. W. King, dec'd, and a codicil thereto, which are in words and figures
following to wit:
I Richard W. King of the town of Kinston, County of Lenoir and State of North
Carolina, being of sound mind and disposing memory, never the less being
mindful of the uncertainty of human life, do hereby make, publish and declare
this to be my last will and testament hereby expressly cancelling and revoking
all former wills and testaments of whatsoever kind or nature by me at any time
heretofore made published and declared in manner and form following:
Item 1st. It is my will and desire that my executors hereinafter named shall
provide for my body and erect a suitable tombstone over my remains and I desire
that my body shall be buried in the grave lot which I now own near the town of
Kinston and that said Executors shall erect a substantial brick wall or a
suitable iron fence around the grave lot, which I now own near the Kinston
Cemetery for whites, immediately after my burial, and pay the expenses of my
burial and of the erection of said wall out of the first money that may come
into their hands.
Item 2nd. It is my will and desire that my executors immediately after my
death pay all of my just debts, if any such therebe.
Item 3rd. I give, revise and bequeath to my beloved wife Susan King one third
part in value of all my real estate, as her dower, to be held by her during the
term of her natural life to be allotted to her according to law by my Executors.
Item 4th. I give devise and bequeath to my beloved wife Susan King one half of
all of my personal property to be allotted to her by my executors according to
law.
Item 5th. It is my will and desire that my executors lay off and allot to my
beloved wife Susan King her year's allowance, as my widow, according to law.
Item 6th. I give, devise, and bequeath to my beloved wife Susan King the two
mules now on my lot in Kinston, named Jack and Jim as her sole and absolute
property.
Item 7th. I give to my cousin Kate Brown the sum of Fifteen Hundred Dollars
($1500) in cash to be paid her by my Executors; and I also loan her during the
term of her natural life, lot Number Seventy-eight (78) in the plan of the town
of Kinston, and at her death I give, devise and bequeath said lot to William
Hunter his heirs and assigns in fee simple
Item 8th. I loan to my niece Sophie C. West, the lot in the town of Kinston
on which she now resides, the same being known and designated in the plan of
said town as lot number one hundred and five (105) during the term of her
natural life and after her death I give, devise, and bequeath said lot to her
daughter Tiffany West and her heirs in fee simple
Item 9th. I give, devise and bequeath to Tiffany West my piano.
Item 10th. I give and bequeath to Susan and Thomas, children of Wm. W. N.
Hunter, and Ada Hunter One Thousand Dollars to be equally divided between them.
Item 11th. I loan to Richard Taylor, son of Mary Taylor, a tract of land,
lying on South West Creek, adjoining the lands of Sally Grady, H. H. Edwards
and others containing Two Hundred and Forty (240) acres more or less, being the
same land which I purchased of Jesse Alphin by deed by deed bearing date the
7th day of December, AD 1863, during the term of his natural life, and if he
leaves heirs of his body, him surviving, to said heirs in fee simple; but in
case of the failure of the heirs of his body at his death, then I give, devise
and bequeath said tract of land to the children of Mrs. Mary Ann Hunter and
Mrs. Sophie C. West to be equally divided between each set of chidlren.
Item 12th. I give to Antony Davis in trust for the said Richard Taylor the
sum of Five Hundred Dollars to be paid by the said Richard Taylor upon his
attaining the age of Twenty one; and I hereby authorize and empower said
trustee to use said money or so much thereof as may be necessary for the
education of said Richard Taylor, at any time and pay over only the balance
hereof remaining to the said Richard Taylor; should the said Taylor die before
he attains the age of twenty one, leaving no heirs of his body, any balance of
said money remaining in the hands of said trustee shall be equally divided
between the children of Mrs. Mary Ann Hunter and Sophie C. West one half to
the children of each, but if the said Richard Taylor leave heirs of his body,
such heirs shall be entitled to receive said money or the amount thereof
unpaid as their absolute property.
Item 13th. I give devise and bequeath to James Young and Elizabeth Young the
children of Eliza Young the sum of Two Hundred Dollars ($200) each to be paid
them by my executors.
Item 14th. I give to each of my two nieces Mary Ann Hunter and Sophia C. West
the sum of One Thousand Dollars ($1000) each to be paid them by my executors.
Item 15th. I give devise and bequeath to William Hunter, Ada Hunter and Nora
Hunter children of Mary Ann Hunter and Horace West, Tiffany West and Richard
West children of Sophie C. West to be divided amongst them share and share
alike and if any of said children shall die his or her share to go her brothers
and sisters surviving, the following tracts or parcels of land viz: Two tracts
of land, one lying East and the other south of the town Kinston, one known as
the Home plantation and the other as the Stubbs land, and one acre known as the
Quinn Land including three eights of an acre more or less, known as the Bond
place, also part of an acre known as the Brown place which I purchased of John
W. Collins; also one half of an acre lying on South Street formally owned by
Charles Phillips and wife; also two small pieces joining the Home Plantation
one piece purchased of A. R. Miller and the other of John F. Wooten including
a small piece purchased of John W. Collins adjoining the same; one half acre in
the old Town of Kinston and left out by the new charter of said town, known as
the Washington old store lot; also a small piece purchased of Walter Dunn, about
seven and three fourths acres, joining part of old plantation; also Four Hundred
and eleven acres more or less lying on the Kinston and Snow Hill Road about two
and one half miles from Kinston, known as the Tull lands; also all town lots
owned by me in the Town of Kinston being No's 57. 58. 59. 60 & 135 in the plan
of said City, all of the above land being in Kinston township; one town lot and
improvements in the Town of New Berne County of Craven and State of North
Carolina Known as the Merchants Bank Lot, being Lot No 56 in the plan of said
Town; also 200 acres of land in Vance Township in Lenoir County North Carolina
known as the excess of Henderson Loftin's Homestead (being more or less than
200 acres): also the Wm. Gray land in Lenoir Institute Township in Lenoir
County containing 296 acres, more or less, also 1221 acres more or less in said
Township known as the Richard Hill lands; also 400 acres more or less, in
Woodington Township Lenoir County, known as the Waller land, also all the real
estate owned by me in the State of North Carolina or elsewhere or that may come
to me. Provided however, that my executors shall first lay off the one third of
my lands heretofore given my wife Susan King as her dower before any of said
real estate shall rest in said legatees, and after the death of my wife Susan
King the property given her as dower shall be divided among said legatees or
devisees herein named, all of said property shall go to said devisees named
above and their heirs in fee simple forever.
Item 16th. I give devise and bequeath to William Hunter, Ada Hunter and Nora
Hunter, children of Mary Ann Hunter and to Horace West, Tiffany West and
Richard West, children of Sophia C. West to be divided amongst them share and
share alike any if any of said children shall die his or her share to go to her
brothers or sisters surviving all the rest and residue of my personal estate
after the payment of the legacies above given to be their absolute property.
Item 17. I hereby nominate and appoint my trusty friends, Anthony Davis and
William Hunter Executors to this my last will and testament, and also trustees
in all cases heretofore mentioned to all intents and purposes to execute this
my last will and testament according to the true intent thereof and the meaning
of the same and every clause thereof.
In testimony where I have hereunto set my hand and seal this 18th day of August
AD 1880.
Richard W. King
Signed, sealed, published and declared by the said Richard W. King to be his
last will and testament in presence of us, who at his request and in his
presence, and in the presence of each other, do subscribe our names as
witnesses thereto
H. C. Hyatt
Elisha Grady
Wm. E. Clark
I, Richard W. King, of the town of Kinston, County of Lenoir and State of North
Carolina having made my last will and testament bearing date the 18th day of
August AD 1880, now being of sound mind and disposing memory do make this
codicil to be taken as a part of the same.
First, I hereby ratify and confirm said will in every respect save so far as
any part of it is inconsistent with this codicil and wheresoever the same shall
conflict with the provisions of this codicil said will is hereby revoked.
Second. I hereby revoke the gift contained in the ninth (9th) Item of said will
whereby I devised and bequeathed my piano to Tiffany West and I hereby give
devise and bequeath said piano to my wife Susan King.
Third. I give devise and bequeath to my wife Susan King my gray mare named:
Nelly
Fourth. It is my will desire if I should have an heir born of my said wife
Susan King that all gifts, legacies, and devises given to William Hunter, Ada
Hunter, and Nora Hunter children of Mary Ann Hunter and to Horace West, Tiffany
West and Richard West children of Sophie C. West, shall be and the same are all
hereby expressly revoked and said property shall all go to my heirs born of the
body of my wife, Susan King; But I desire that the loan to my niece Sophie C.
West of lot number one hundred and five (105) in the town of Kinston, whereon
she now lives, during her life, shall in any event, remain unchanged, but I
revoke the bequest to Tiffany West of the remainder in said lot in case of the
birth of a children or children of Susan King.
Fifth. Whereas, by my said will I have nominated and appointed William Hunter
to be one of the Trustees and Executors thereof, Now I hereby revoke the
appointment of the said William Hunter as trustee and Executor of my said Will,
and I hereby nominate and appoint Albert G.?? Hubbard of the City of New Berne,
County of Craven and State of North Carolina to be a trustee and Executor of my
said will in the place of the said William Hunter. And I declare that my said
will shall be construed and take effect as the name of the said Albert G.
Hubbard were inserted in said will throughout instead of the name of William
Hunter. And in all other respects I confirm my said Will.
R. W. King
Subscribed by the testator in the presence of each of us and at the same time
declared by him to us to be his last will and testament thereupon at the request
of the testator, we signed our names hereto as witnesses this 27th day of Oct.
1881
H. O. Hyatt
E. Grady
Wm. E. Clark
Were on the 10th day of March 1883 propounded for probate in open court by
Anthony Davis one of the Executors therein named and the said paper writings
were on said day duly admitted to probate and the said Anthony Davis was duly
qualified.
END OF DOCUMENT
North Carolina, Lenoir County Superior Court, March 15, 1883
COMPLAINT FOR DOWER
Anthony Davis, Exr of R. W. King, dec, Susan King, Sophia C. West, Kate Brown,
Tiffany West, Horace West, William Hunter, Leon Albritton and wife Nora
Albritton, Frank W. Smith and wife Ada Smith vs Richard B. West & Richard
Taylor alias Richard King minors under age of 21 without Guardian.
Plaintiffs allege 1/3 of the estate in value was to go to the widow, Susan
King, as her dower. The real estate consisted of the following:
NOTE: This is repeated because of additional details in the location of the
land
1. Lot #78 in the plan of the town of Kinston now occupied by one Edwards
2. One other lot in the town of Kinston No 105, now occupied by Mrs. Sophia
C. West
3. One tract of land in Woodington Township lying on South West Creek,
adjoining the lands of Sallie Grady, H. A. Edwards, containing 240 acres
4. One tract of land known as the Stubbs land containing 410 acres
5. One tract of land Kinston near the railroad & Yakin branch containing ____
acres known as the home plantation
6. One acre known as the Quinn land, including 3/8 of acre known as the Bond
place
7. Part of an acre known as the Brown place purchased from J. W. Collins
8. One half acre lying on South Street formerly owned by Chas. Phillips & wife
9. Two small pieces of land adjoining the home plantation, one piece purchased
of A. R. Miller & other from Jno. F. Wooten including a small piece
purchased of Jno. W. Collins adj the same
10. One half acre in the plan of the said town of Kinston known as the old
Washington store lot
11. One piece purchased of Walter Dunn about 7 acres forming a part of the
old plantation
12. One tract lying on the Snow Hill Road known as the Tull lands containing
411 acres.
13. Also the town lots lying in Kinston, Nos 57, 58, 59, 60 & 135
14. One town lot and improvements in the town of Newbern, county of Craven, as
the Merchants bank lot, being #56 in the plan of said town
15. 200 acres in Vance Township, Lenoir Co known as the excess of Henderson
Loftin's homestead
16. Also 400 acres in Woodington known as the Waller land
17. One tract on the SS of South West Creek known as the Robt. Daily place
containing 130 acres
18. One lot purchased from Thomas Cox & wife in Kinston part of the Sarah
Hunter lot
19. One small piece on the Neuse near Kinston known as the Wash at the
junction of King and Heritage Street
The tax valuation of the said lands lying in Lenoir County containing 2826
acres and 6 or 7 town lots is $19250 and the tax valuation of the lot in New
Berne is about 4000.
Richard Taylor alias Richard King and Richard B. West are minors with no
guardian Taylor lives with the widow Susan King in Kinston and West lives
with his mother Sophia C. West in Kinston.
Sheriff to summon 12 qualified people to serve as jurors to allot the dower to
the widow. A. J. Loftin and M. A. Gray were Atty's for the Plffs.
On 12 March 1883, the executor, Davis was given permission to divide the estate.
On the 24 March 1883, Richard King the only heir said the writing was not that
of Richard W. King (part of this is missing). A jury was to decide. On the same
day the executor Anthony Davis was instructed not to proceed with distribution
of the estate. On the same day Guilford Johnson was appointed as guardian for
Richard King and W. C. Fields as guardian to Richard B. West.
On May 1, 1885 disbursements were to be made from the estate as everything
appeared to be in order. Heirs to receive
Widow, Susan King - $13,868.09
Sum of $1543.04 due to the following
Wm Hunter, Ada Smith, Nora Albritton children of Mary Ann Hunter; Horace West,
Tiffany West and R. B. West children of Sophia C. West
Kate Brown to receive $1579.14
Mary Ann Hunter and Sophie West - $1,000
Richard King - $588.30
Susan Hunter and Thomas Hunter by their guardian James K. Davis - $500
Bettie Sellers and James Young - $200
NOTE: The estate of Richard West King was contested and eventually ended up in
the NC Supreme Court. Details on the case will be abstracted and posted in the
future.
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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble <mmarble@erols.com>
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