MECKLENBURG COUNTY, NC - WILLS - David Henderson Will - 1879
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North Carolina
SS.
Mecklenburg County
I John R. Erwin Clerk Superior Court & Probate Judge in and for the
County and State aforesaid do hereby certify that the foregoing is a true
and perfect copy of the last will and testament of David Henderson as
recorded in my office.
In testimony whereof I have hereunto set my hand and affixed the seal
of said Court at office in Charlotte this December 6 th A.D. 1879.
John R. Erwin
Clerk of Superior Court &
Probate Judge
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State of North Carolina
Mecklenburg County
I David Henderson of the County and State aforesaid, sensible of the
sudden approach of death, and being of sound mind and disposing mind
and memory, do make and publish this as my last will and testament
hereby revoking any former will or testament made by me.
Item I. I desire my executor to pay all my debts and funeral expenses
out of my personal estate as soon as convenient.
Item II. I devise to my beloved wife the tract of land where I now reside
and five acres of the old plantation tract herein devised to my son Isaac
to be cut off by the County surveyor from the East side of said tract so
as to embraced the spring and branch thereon to afford water for home
tract to be held and enjoyed by her during her life and after her death I
devise all said lands to my son Charles. I further will and bequeath to
my wife all my horses, cattle & other live stock, agricultural implements
& household and kitchen furniture for and during her life and at her
death I will and bequeath all said personal property to my son Charles.
I further bequeath to my wife absolutely the sum of One Thousand
Dollars, to be paid over to her by my Executor out of such funds as shall
come into his hands.
Item III. I further will and bequeath to my son Charles all my stock in
the Merchants and Farmers National Bank & Traders National Bank of
Charlotte, N.C., in trust to pay over the dividends which my be declared
from time to time on said stock to my wife, except the sum of Thirty
Dollars per annum which he may retain for himself during the life of his
mother and after her death I will and bequeath ten shares of said Bank
Stock to my son Charles, The other fifteen shares will be herein after
disposed of.
IV. I devise to my son Miranda Henderson and his heirs the tract of land
whereon he now lives except Thirty acres thereof lying on the side next
to the Mean's place to be cut off as hereinafter directed for my son,
Thomas Edwin to hold the said land in trust for his children now living
and such as may hereafter be born and their heirs.
Item V. I devise to my son Thomas Edwin and his heirs the house and
lot in the City of Charlotte on Tryon Street adjoining Mrs. F. W. Ahrens
and the Cruse property and Thirty acres of the tract of land now in
possession of Miranda Henderson to be cut off by the County surveyor
from that part of the land lying next to the Mean's place.
VI. I have already provided for my daughter Laura by conveying to her
and her heirs a house and lot in the City of Charlotte.
VII. I have also conveyed to my daughter Lilly L. Neal certain real
estate in the City of Charlotte. The value of which I desire should be
ascertained as of the date of my death by disinterested persons one to be
selected by my executor and one by said Lilly L. and a third to be called
in by said persons agree. And if the said appraisers shall fix the value
of said lots at less than Two Thousand Dollars I desire and direct my
Executor to pay to said Lilly L. Neal out of any funds which may come
into his hands a sum sufficient to make her share of the value of Two
Thousand Dollars.
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VIII. I devise to my daughter Susan M. the house and lot in Smithville
near the Rail Road track, and if the value of the same as of the date of
my death, to be ascertained by appraisers to be selected by said executor
and Susan M. as was provided in the case of Lilly L. Neal, shall be less
than Two Thousand Dollars then I desire and direct my executor to pay
her out of any funds which shall come into his hands a sufficient sum to
make her share of the value of Two Thousand Dollars.
IX. I devise to my son Isaac and his heirs my old plantation adjoining
the home tract except the five acres heretofore devised to my wife and
my son Charles.
X. If there be any residue after the payment of costs and charges of
administration and the legacies herein specified, I desire and direct that
it shall be divided equally between my children Susan M., Thomas
Edwin, Laura Ahrens and Lilly Neal. In case there shall not be
sufficient fund realized to pay the legacies herein provided for I desire
and direct that my Executor shall sell so much of the National Bank
stock undisposed of as shall suffice to make good the said legacies.
XI. I approve my son Thomas Edwin sole executor of this my last will
and testament.
In witness whereof I David Henderson have hereunto set my hand and
seal this the 30 th day of January 1879.
Signature of David Henderson
as David Henderson (Seal)
Signed in the presence of
R. D. Johnston
C. H. Deels
Transcribed from the original will by
Carol Sutherland McCellan-Ohlweiler
June 11, 1998
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