ANSON COUNTY, NC - WILLS - Thomas J. Gaddy, 24 Jan 1861 ==================================================================== 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 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Martha Thayer MartThayer@aol.com ==================================================================== Anson County record: VOL. C, p.226-229 Written January 24, 1861 Codicil 15 Aug 1864 Probate April Term 1865 I, Thomas J. Gaddy of the County of Anson and State of North Carolina do make, publish and declare the following to be and contain my last will and testament. In the first place I direct all my just debts to be paid by my Executrix hereinafter named, out of Such parts of my estates or the profits thereof as she may deem most expedient together with my funeral expenses and expenses incurred in the settlement of my estate both real and personal of any Kind and description to my wife Elizabeth Gaddy for the use and benefit of herself and all my children and to that end. I direct that the Same Shall be Kept together and managed in the Same way that it has heretofore been. Subject tot his chief direction however. I hereby authorize my Said wife at any time to Sell exchange and make Such other alterations & arrangements in relation to said estate real & personal as she may from time to time think expedient or pessary and in the disposition of my said estate both real & personal among my said wife and children. I devise and direct that the Same shall be done as follows To Wit: 1st I give to my two youngest children William M. and Sarah Catharin one thousand dollars each to be paid to them without interest when they arrive the age of twenty one years respectively or marry, the same to be paid by my executrix either in money or property at cash valuation in her discretion. 2nd all the residue of my estate real & peroneal I devise and direct to be equally divided among all of my children and my said wife that is to Say I desire that they Shall all have an equal interest in the Sam and as tot he mode and time of division I desire and hereby authorise my said wife to give off from time to time to such of my children as she thinks best and proper any part or portion of Said property and estate not exceeding in value the equal share of said children said property thus given off to be valued at its cash value at the time said value to be ascertained by the appointment of any two or three disinterested persons who shall put then appraisement in writing to be preserved to the final division. The Share or share of my estate given to my daughter I give and bequeath tot he Same to the daughters respectively not to be subject to the debts contracts or liabilities of any husband they have during or may thereafter have during their natural life & at their death then to there issue if either of my said daughters should die without issue their share or shares of my estate to be equally divided among my other children & the issue of such as may be dead who shall represent their deceased parents - So long as my wife and children shall continue to live together all there expenses and education of my children shall be paid in common out of my estate. I have heretofore advanced to my son Edmund D. property which I value at two hundred and fifty dollars and to my son Joel T. Property of the value of one hundred dollar there sums I direct to be taken into consideration in making up there shares of my estate. In the event of the death of my wife leaving any part of this provision of this will yet to be executed I desire and direct that the same be executed by whomsoever shall be appointed by the proper Court to complete the Settlement of my estate exercising all the rights tot he end hereby given & vested in my said wife. In the even it shall be deemed advisable by my wife to sell any part of my estate real or personal I authorise her as my executrix to make the necessary letter to the purchaser or purchasers. Lastly I nominate and appointment my wife Elizabeth Gaddy executrix of this of my last will and testament. In testimony whereas I have hereunto Set my hand and Seal this 24th day May 1861. s/ T. J. Gaddy (Seal) Witness: The interlineation in this 20th line of the 2% age made before signing} s/ Thomas Philipps s/ W. T. McGregor Whereas I Thomas J. Gaddy of Anson County having made and duly executed my last will and testament in writing of date the 24th May 1861 Now I do hereby declare this writing to be as a codicil thereto and taken as a part - thereof I give to my son Charles C. Gaddy, born since the date of said will one thousand dollars to be paid to him without interest when he becomes twenty one years old in addition to an equal share of the residence of my estate. The share of my estate real & personal given in Said will to my daughter Ellen since married to William T. McGregor I give to my son Joel T. Gaddy to be by him held in trust for the sale & separate use of my said daughter during her natural life with the same limitations over as are provided in said will but with the express direction that said trustances only to pay over to my said daughter the anually accuring rents hivel? or profits and in no events or under any circumstances is the said trustee Joe. T. Gaddy or such other person as may succeed him in said office to permit any part or portion of the specific property to which my said daughter may be entitled under my said will to be place in the possession or control of my said daughter or her said husband during the life of the said William T. McGregor but said property and estate as the same may from time to time be delivered over by my Executrix as provided in said will at her discretion is to be held and managed rented t__ned or loaned by said Trustee from year to year & only the rents t__nes(res?) And profits thereof be paid over to my said daughter during the life of her said husband. In Witness whereof I the said Thomas J. Gaddy have to this codicil set my hand & seal this the 15th August 1864. s/ T. J. Gaddy (Seal) Witness The interlining in the 4th line of this Codicil made before signing of Testator: s/ George M. Little, s/ Jesse Edwards State of North Carolina } Court of Pleas & Quarter Sessions Anson County} April Term 1865 Then the foregoing last will and testament of Thomas J. Gaddy was offered for probate and duly proved in open Court by the oath of W. T. McGregor one of the subscribing witnesses thereto and the codicil to said will was duly proved in open court by the oath of Jesse Edwards, one of the Subscribing witnesses thereto and said will and codicil were ordered to be recorded. Whereupon Elizabeth Gaddy the executrix therein named appeared in open court and was duly qualified to execute said will and entered into bond in the sum of Sixty thousand dollars with Adam Lockhart Edmund L. McLendon & Edmund Davis as her sureties and letters testamentary were ordered to issue. P. J. Coppedge Clerk Transcribed from a copy of the original document housed in the Anson County Courthouse by Martha ThayerTranscribed by Martha Thayer MartThayer@aol.com