Lenoir County, NC - Will & Estate Records WILL OF WILLIAM SUTTON From the original obtained by Susan Sutton Moody from the Courthouse in Kinston. This William Sutton was the one referred to as "Old Billy" because of his age. Lenoir County: In the Superior Court In the matter of the will of William Sutton Before Wm. Dunn, cfc B. Frank Sutton being duly sworn doth say: That William Sutton late of said County is dead, having first made and published his last will and Testament and that B. Frank Sutton is the executor named therein. Further, that the property of the said William Sutton dec'd consisting of personal property and is worth about $1400 so far as can be ascertained at the date of this application, and that Hugh A. Sutton, Edward L. Sutton, Levi M. Sutton, Willie Loftin, Willie F. Sutton, Lillia R. Sutton, B. F. Sutton, Huldah I. Kennedy are the parties entitled under said will to the said property. Sworn to and subscribed before me this 21st day of June 1884. B. Frank Sutton W. W. Dunn, cfc State of North Carolina, Lenoir County In the Superior Court A paper purporting to be the last Will and Testament of William Sutton dec'd is exhibited before me the undersigned Clerk of the Superior Court for said County by B. F. Sutton the executor therein mentioned and the due executions thereof by the said William Sutton by the oath and examination of William Arthur and Everett Sutton the subscribing witnesses thereto who being duly sworn, both depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of William Sutton, dec'd; that the said William Sutton in the presence of his deponent subscribed his name at the end of said paper wirting, which is now shown as aforesaid and which bears date of the 2nd of April 1879. And the deponent further saith that the said William Sutton the testator aforesaid did, at the lime of subscribing his name as aforesaid declare the said paper writing so subscribed by him and inhibited to be his last will and testament and this deponent did therefore 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 this deponent further saith that at the said time when the said testator subscribed his name to the said last Will as aforesaid and at the time of deponent's subscribing his name as and attesting witness thereby as a foresaid the said William Sutton was of sound mind and memory of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent and further these deponents say not. Signed William Sutton Everettt Sutton Severally sworn and subscribed this 21st day of June 1884 before me W. W. Dunn cfc I William Sutton of the County of Lenoir 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, That my hereafter named Executor shall provide for my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral expences together with my just debts, however and to whoever owing out of the first moneys that may come into his hands as a part of parcel of my estate. Item 1st. I give and devise to my Son Hugh A. Sutton the sum of One dollar in addition to what I have heretofore given him. Item 2nd. I give and devise to my son Edward L. Sutton the sum of One dollar in addition to what I have heretofore given him also one share of stock in the A & NC RR. Co. Item 3rd. I give and devise to my Grandchildren Levi M. Sutton and Willie Loftin children of my dec'd son J. F. I. Sutton the sum of Two hundred dollars each. Said money to be paid to them by my son Edward L. Sutton out of a portion of Lot ? or 4 of Which he has a deed for. Said Money to be paid two years after my death. Item 4th. I give and devise to my Grandchildren Willie F. Sutton and Lillia R. Sutton children of my dec'd son Noah H. Sutton the sum of One hundred and fifty dollars each upon the following conditions that they are not to charge any rents from their Mother's, Bettie Sutton, land or their own land until they arrive to the age of twenty one years and in the event they do make any charge for said rents the hundred and fifty dollars each is to be null and void as their Board and Tuition will over balance the said rents. Item 5th. I give and devise to my Son Benjamin F. Sutton the sum of One dollar in addition to what I have heretofore given him also one share of stock in the A & NC RR Co. And he the said B. F. Sutton is to pay Willie F. and Lillia R. Sutton children of Noah H. Sutton three hundred dollars each due two years after my death provided they do not charge any rents for their lands and in the event they do make any charge for said lands then the payment of the same shall be null and void. Item 6th. I give and devise to my daughter Huldah I. Kennedy, the sum of One dollar in addition to what I have heretofore given her Item 7th. The remaining portion of my estate if any I wish to be divided equily or put up at public sale and the proceeds thereof to be equily divided between my surviving children. And lastly I nominate constitute and appoint my son Benjamin F. Sutton as my Executor for this my last will and testament declaring this and this only to be and to contain my last will and hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. Signed William Sutton Signed Sealed and published and declared by the said William Sutton to be and contain 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 as witnesses thereto Everitt Sutton William Author State of North Carolina Lenoir County Superior Court June 21, 1884 A paper writing purporting to be the last will and testament of William Sutton is exhibited before me the undersigned Clerk of the Superior Court of said County by B. Frank Sutton the executor therein named and the due executor thereof by the said William Sutton is proved by the oath and examination of Everitt Sutton and William Arthur the subscribing witnesses thereto. It is therefore considered and adjudged by the court that the said paper writing and every part and clause thereof is the last will and testament of the said William Sutton and the same as such is ordered to be recorded and filed. And thereupon the said B. Frank Sutton Executor as aforesaid comes for ward and qualifies as such as is required by law. Wm. W. Dunn cfc Recorded in the office of the Superior Court Clerk of Lenoir Count the 21st day of June 1884 Wm. W. Dunn, cfc Saml. R. Dunn DC ============================================================== 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. ==============================================================