NC, Anson, Will John W. Hailey 1879 (probated 1880) ========================================================= 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, 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. This file was contributed by Charles Hailey, July 2001. ========================================================= State of North Carolina Anson County I, John W. Hailey, of the county & state aforesaid do make, publish and declare this to be my last will andtestament: Item 1. I give, devise and bequeath to Isaac M Williams the following land, to wit the tract or parcel of land whereas I now live, including the dwelling and outhouses, bounded on the south by the lands of Tho J. Polk, on the east by the lands of the late W.H. Benton, on the north by those of James Hailey and Warren Arrington & others, on the west by the lands of Peter May containing three hundred and fifty acres: to have and to hold in trust for the sole and separate use, benefit and behoof of my daughter Hannah Diggs, independent of her husband W.S. Diggs, not to be liable in any respect or particular to the claim, demand, control, direction or interference of said husband. The said land to be enjoyed in the fullest particular by my daughter, consistent with the fact that W.S. Diggs is to be totally shut out and excluded from all control, and the same is to be free from his debts. I give my daughter Hannah Diggs power to dispose of said land by last will and testament as she pleases. I guard the land during her life against the interference of her husband because she and her husband had variances, but I want her to do as she pleases by last will and testament, and I want the trustee to consult her wishes just as nigh as possible. Item 2. I give and bequeath directly to my daughter Hannah Diggs all my personal property except such as is disposed of hereafter in this will. Item 3. I give and bequeath to my grand-daughter Ella J. Hailey one feather bed and bed-stead. Item 4. I have already given my grand-son James Hailey One Hundred and Seventy- Eight acres of land by deed of gift. I refer and approve that in this will. I refer to it because there is a mistake in the middle letter of his name. It is put "H"instead of "L". Item 5. I nominate & appoint James Hailey and Isaac M. Williams, executers of this my last will and testament and hereby revoke all wills by me heretofore made, and stand upon this one. Signed, sealed and declared to be the last will and testament of John W. Hailey in our presence, who witness the same at his request, December 26th 1879, and his presence. Witnesses R.T. Bennett D.M. Smith State of North Carolina, County/ In the Probate Court The foregoing paper writing, purporting to be the last will and testament of John W. Hailey deceased is this day put forward for probate in our said Probate Court, by Isaac M. Williams and James L. Hailey the persons nominates therein for executors, and the due execution thereof is known by the oath and examination of R.T. Bennett and D.M. Smith the subscribing witnesses thereto, who, being duly sworn, do say, and each for himself doth say that on or about the 26th day of december 1879, John W. Hailey signed his name to said paper writing and declared the same to be his last will and testament, in his presence, that this appoint thereupon signed his name thereto as a witness, in the presence of the said John W. Hailey, and at his request, and that at the time of signing thereof by the testator, and the attestation thereof by the witnesses, the said John W. Hailey was of sound mind and his disposing memory. Let said paper writing be recorded as the last will and testament of the saidJohn W. Hailey deceased. Done as office in Wadesborough, this the 12th day of may A.D. 1880. John C. McLaughlin Judge of Probate On the 12th day of May 1880, James L. Hailey and Isaac M. Williams qualified as executors of the foregoing will. John C. McLaughlin Judge of Probate