NC, Lenoir, Will, Edwin Taylor 1874/1876 ========================================================= 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. These electronic pages may NOT be repro- duced 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright 2000 by Martha Marble. This copy contributed for use in the USGenWeb Archives. by Martha Marble mmarble@erols.com ========================================================= WILL OF EDWIN TAYLOR Original at the Lenoir County Courthouse, Will Book A, p 118 Transcribed by Martha Mewborn Marble September 5th, 1874 In the name of God, Amen. I, EDWIN TAYLOR, Senr of the County of Lenoir and State of North Carolina being of sound mind and memory but considering the uncertainty of Earthly Existence do make this and publish this my last will and testament in manner and for me following that is to say, First that my Executor hereinafter named sall provide for my body a decent buriel suitable to the wishes of my relation and friends pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part of parcel of my estate Second I give and bequeath to my Eldest Daughter CATHERINE WHALEY fifty dollars in money to her and her heirs in fee simple forever to have and to holde Thirdly I give and bequeath unto my son JOHN TAYLORS lawful children a certain piece or parcel of land being and lying in the County of Lenoir and on the north side of the Southwest Creeke and East side of the Grate horse branch to them to have and to hold to them and their heires in fee simple forever Fourthly I give and bequeath to my sone EDWIN TAYLOR, Junr a certain piece or parcel of land on the west side of the Grate Horse branch and North side of the saide Southwest Creeke adjoining ZECHARIAH DAVISES lands. Beginning at the mouth of the Great Horse Branch containing 149 3/4 Acres more or less to him and his heires to have and to holde in fee simple for Ever Fifthly I give and bequeath unto my sone JAMES TAYLOR a certain piece or parcel of land being and lying on the South side of the Southwest Creeke and east side of Gum Branch Adjoining NATHAN HILLS lands and being the place he now lives. Beginning at the mouth of a ditch at the Southwest Creek and runs up said ditch S 3 wt 34 po to crook of Ditch. Then up said ditch So 72 wt 56 po to head of ditch to a cross fence thence along the cross fence S. 53 wt 17 poles then along the lane So 40 Et 22 poles to end of lane then So 40 Et 46 poles to a stake in the path then So 20 wt 85 poles to a pine in the head of Gum branch then down the Gum branch to the Southwest Creeke and down the Southwest to the beginning Containing 88 acres more or less to have and to hold his live Time and at his death to his sone WINDOL TAYLOR and daughter PERSY SUSAN HILL to them and their heires in fee simple forever. Sixly I give and bequeath unto my youngest Daughter SUPHRONA SMITH a certain piece or parcel of land adjoining the above named Eighty Eight Acre track and on the westside of the Great Swamp and on the south side of the South west Creeke Beginning at a Hickory on the side of the Great Swamp and runs So 63 wt 150 po to a pine then So. 26 wt 35 po to a stake in the path then no 40 wt 46 poles to the end of the lane then along the land No 56 Ex 17 poles then No 30 wt 4 poles to Cross fence then along cross fence No 53 Et 52 pol to head of a ditch then along the ditch No 72 Et 56 po to crook of ditch then along the ditch No 3 Et 34 poles to the Southwest Creeke then down the Southwest Creeke to the mouth of the Great Swamp then up the Greate Swamp to the Beginning Containing 73 acres more or less to her her life known as the plase that she was borned on Raised and now live and if she dies leaving no lawful children to be divided between her Brothers and sisters children equally to ! shear and shere alike each and every of them Lastly my will and desire is that the residue of my property (if any) after taking out the divises and legacies above mentioned shall be solde and the debts owing to me collected if any and should be any surplus ove and above the payments of debts expenses and legacies that such surplus shall be equally divided and paide over to all my children in equal proportion shear and shear alike to each and every of them there Executors administrators and assigns absolutely forever and lastly I do hereby constitute and appoint my Trusty sone EDWIN TAYLOR Junr my lawful Executor to all intents and purposes to execute this my last will and testament according to the intents and meaning of same and every parte and clause thereof hereby revoking declaring utterly voide all other wills and testaments by me heretofore made. In witness whereof I the saide EDWIN TAYLOR Senior do hereunto set my hand and seale this 5th day of September, A. D. 1874 signed sealed published and declared by the said! e EDWIN TAYLOR, senr to be his last will and testament in the presence of us who at his Request and in his preasants do subscribe our names as witnesses. SIGNED EDWIN (X) TAYLOR JAMES DAVIS WM ELMORE Recorded in the office of the Superior Court Clerk and Probate Judge of Lenoir County in Kinston, NC the 25th day of September 1876 WM W. N. HUNTER, Clerk & Judge Lenoir County - In the Probate Court Before Wm. W. N. HUNTER In the matter of the will of Judge of Probate EDWIN TAYLOR EDWIN TAYLOR, JR being sworn , doth say: That EDWIN TAYLOR, late of said County, is dead having first made and published his last will and testament and that EDWIN TAYLOR, Jun is the executor named therein. Further, that the property of the said EDWIN TAYLOR, consisting of money, land and some household furniture is worth about $1200.00 so are as can be ascertained at the date of this application; and that CATHERINE WHALEY, JOHN TAYLOR'S lawful children, EDWIN TAYLOR, Jun, JAMES TAYLOR & SUPHRONA SMITH are the parties entitled under said will to the said property. SIGNED EDWIN TAYLOR, JR Sworn to and subscribed before me this 25th day of September 1876 WM. W. N. HUNTER Probate Judge State of North Carolina, Lenoir County In the Probate Court A Paper purporting to be the last will and testament of EDWIN TAYLOR, deceased, is exhibited before me, the undersigned, Judge of Probate for said county by EDWIN TAYLOR, Jun, the executor therein named, and the due execution thereof by the said EDWIN TAYLOR is proved by the oath and examination of JAMES DAVIS and WM ELMORE, the subscribing witness thereto; who being duly sworn, doth 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 EDWIN TAYLOR; that the said EDWIN TAYLOR, in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown him as aforesaid, and which bears date of the 5th day of Sept. 1874. And the deponent further saith, That the said EDWIN TAYLOR, 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 thereunpon 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 t the said time when the said testator subscribing his name to the last will as aforesaid, and at the time of the deponents subscribing his names as an attesting witness thereto, as aforesaid, the said EDWIN TAYLOR 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. JAMES DAVIS WM. ELMORE Lenoir County Probate Court Sept 25, 1876 On reading and considering the application of EDWIN TAYLOR, Jun to admit a paper writing purporting to be the last will and testament of EDWIN TAYLOR, Sr., dec'd, to probate, and to be qualified as Executor thereof according to the appointment thereby made, and having examined on oath JAMES DAVIS and WM. ELMORE, the two subscribing witnesses thereto, as to the execution thereof. It is adjudged that the said paper writing and every part thereof, is the last will and testament of the said EDWIN TAYLOR, Sr, deceased, and the same as such is ordered to be recorded and filed; and thereupon the said EDWIN TAYLOR, Jun, the Executor as aforesaid, and takes and subscribed the following oath: State of North Carolina, Lenoir County I, EDWIN TAYLOR, Jr., do solemnly swear that I believe this writing to be and contain the last will and testament of EDWIN TAYLOR, Sr., deceased, and that I will well and truly execute to the same by first paying his debts and then his legacies, as far as the said estate shall extend or the Law will charge me and that I will well and faithfully execute the office of an Executor, agreeable to the trust and confidence reposed in me, and according to law, so help me God. SIGNED EDIN TAYLOR, JR Sworn and subscribed before me this 25th day of September 1876 WM. W. N. HUNTER, Probate Judge