Ashe County NcArchives Wills.....Graybeal, Calvin September 10, 1900 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Kyle R. Graybeal krgrebiel@verizon.net January 14, 2008, 8:54 pm Source: Ashe County, North Carolina Court House Written: September 10, 1900 Recorded: April 1902 Calvin Graybeal, b.14 March 1829, d. 9 March 1902, was the youngest son of David Graybeal and Barbara Burket. Transcribed by Kyle R. Graybeal from a photocopy of the document on file in Will Book E, page 469 at the Ashe County Court House, Jefferson, North Carolina. I have made every attempt to preserve the original spellings and have inserted a "?" following words or letters which were difficult to decipher. Letters which are apparently missing from words have been inserted in brackets. Surnames appearing in the document: Baker, Baldwin, Childers, Eldreth, Eller, Gilley, Graybeal, Jones, King, Patton, Stuart, Prewet, Wagner, Weaver. CAUTION: Two words which are routinely misspelled in the will are "except" spelled "accept" and "interest" spelled "intrust" ------------------- Last Will and Testament of Calvin Graybeal North Carolina} Ashe County} Sept 10th day 1900 I Calvin Graybeal of aforesaid county and state being of sound mind but considering the uncertainty of my earthly existence do make and declare this my last will and testament. FIRST: I give and devise unto my beloved wife Susannah Graybeal her support and privilege off of the tract of land on which we now live containing one hundred and twenty acres more or less for her natural life or as long as she remains my widow in satisfaction of her dower and third in all my lands. I further devise that my wife shall have sufficient support out of my means as the law directs for her years support and that she shall have a sufficiency of the household and furniture for her comfort of her one choice and such stock of all kinds that remains only a reasonable portion she shall have the right to choose for her self. SECOND: I have given to my son Cicero Graybeal deceast [sic] and his heirs a tract of land known as the Mouth of Windfall adjoining the lands of Henry Wagner and others and property to the amount of $1627.00 which will be his full share in my estate. I further state that if there shood [sic] bee [sic] any surplus come in from the sale of the Iron Ore the children Lizy Graybeal and Eddie Graybeal shall have an equal shear [sic] with the rest of the heirs when they come of age. THIRD: I give and bequeath to my son Adolphus Graybeal and his heirs a tract of land on Horse Creek which he so[l]d to Henderson Eller containing 89 1/2 acres and other property to the amount of $ 1170.00 and he shall have a full shear [sic] in my estate. FOURTH: I give and bequeath unto my daughter Rebecca E. Baldwin the wife of Nelson Baldwin in fee simple a tract of land in the fork of horse creek containing about forty acres and one third interest in the Mill and what it contains in value will be with what she has received will be $1351.93 cts she shall have an equal part with all my children. FIFTH: I have give[n] and bequeathed Rose E. Patton the wife of William Patton a tract of land where they now live known as the long branch tract bought of Joseph Stuart and William Eldreth adjoining the lands of William Eldreth also a tract known as the old field adjoining the lands [of] Livsay Gilley containing about twenty acres with a one third interest in the Mill and what it contains with sundry advancements to the amount of $1225.80. I intend for Rose E. Patton and heirs to have an equal share with [the] rest of the children. SIXTH: I give and bequeath to my son William Henry Graybeal and his heirs in fee simple a tract of land on horse creek adjoining the land of William Barker and others containing Ninety four acres and bounded as follows Beginning on a sycamore North 86 East 14 poles to a stake. N. 5 E 23 poles to a Sa[r]vis, N 32 E 22 poles to a white oak, N. 70 E. 8 poles to a stake. South 50 E 13 poles to a chestnut, N 38 E 54 poles to a white oak at wagon road in Joseph Graybeal line S. 50 E with Joseph Graybeal line 23 poles to an ironwood, N 69 1/2 E 18 poles to chestnut , S 27 E 24 Poles to a white pine S 20 W 35 poles to a white oak Calvin Graybeal corner S with Mat Childers line 13 poles to a stake in the road, S. 40 W 6 poles to a stake in the road, S 18 W 34 poles to a stake near a rock; S 50 W 12 poles to a stake, N. 58 W 24 poles to a white oak, S. 32 W 40 poles to a a spruce pine, S. 35 W 4 poles to a stake, S. 78 W 30 poles to a stake N. 41 W 9 poles to a stake, N. 18 W 42 poles then to the beginning. I accept [sic] a three fourth interest the iron ore on all the land but the King land which I accept [sic] in full with other advancements to the amount of $1748.00 he shall shear [sic] equal with the rest of the children. SEVENTH. I give and bequeath to my daughter Laura C. Eller the wife of E. C. Eller a tract of land known as the Prewett place and bounded as follows Beginning at a stake Pattons [sic] corner on a ridge then S 20 W. 34 poles to a stake, S. 40 E 40 poles to a red oak bush, S 19 E 20 poles to a dogwood, S. 6 E 38 poles to a shugar [sic] bush Joshua Weaver's corner, S 12 E. 9 poles to a chestnut on the ridge, N. 45W 11 poles to a stake, S. 75 W 32 poles to stake, N 60 W 22 poles to a hickory, N. 75 W 25 poles to a do?? hickry [sic], N. 69 W 7 poles to a white oak Roses [sic] corner, N 48 E with Roses line 24 poles to a a rock, N 35 E with said line 12 poles to a cucumber Roses corner, N 21 W with said line 14 poles to a beech, N 10 W 32 to a cucumber Roses corner, N. 7 E 40 3/4 poles to a stake in said line, E 48 3/4 poles to the beginning. (also) a one third interest in my mill and what it contains with the amount she has allreddy [sic] recieved [sic] which is $1333.58 she shall have an equal share with the rest of children I accept [sic] the iron ore and its privileges. EIGHTH. I give and bequeath to my son James Wiley Graybeal a tract of land containing fifty acres Beginning at a bunch of poplars at a branch S. 32 W. 12 poles to a chestnut, S 22 W 38 poles to a hickory, S 60 W 28 poles to a locust bush, N 65 W 12 poles to a stake, S. 57 W 40 poles to a red oak bush the corner of the Prewet tract, N 40 W 40 poles to a stake, N 20 E 34 poles to Pattons [sic] corner then with Pattons [sic] line to the home tract, S 75 E 57 3/4 poles to a Rock, S 30 E 18 poles to the beginning. I accept [sic] a three fourth intrust [sic] in the iron ore and all its privileges to work, with other advancements to the amount of $1497.00 he shall shear [sic] equal with the rest of the heirs. NINTH. I give and bequeath to my son Oscar W. Graybeal and his heirs in fee simple a tract of land on horse creek [sic] and bounded as follows Beginning at the mouth of Old field creek N. 7 E. 20 poles to a bar post N. 28 E 66 1/4 poles to a stake in the old line, West 84 poles to a Rock whear [sic] the old corner stood, N. 16 poles to a stake in horse creek, N. 28 W 21 [poles] to a sycamore, N. 36 poles to a dogwood, E 20 poles to stake, N. 45 E. 30 poles to a stake, N. 20 poles to chestnut, W. 82 poles to a stake on ridge, N. 20 E 34 poles to a stake, N 30 E 10 poles to a stake in Henderson Eller line, S. 77 W 53 poles to a walnut on bank of horse creek, S. 5 E. 36 poles to a sycamore, S. 16 E 58 poles to the mouth of little horse creek, S 27 W. 6 poles to a stake in the road, S. 50 E. 5 poles to a clift [sic] of Rock, 15 Poles to a birch, S. 25 W. 7 poles to a white oak, S. 57 E. 6 poles to an Ashe [sic] and (unreadable), S. 83 E. 6 poles to a stake, S. 27 1/2 E 20 poles to a stake, S 78 E 40 poles to a stake on the creek, S. 7 E. 35 poles to a bunch of sycamores, S. 25 E. 26 poles to walnut, S. 60 E. 46 poles to the beginning, with what he has recieved [sic] to the amount of $1560.70. I intend for him to share equal with rest of my children. Further I except a two third intrust [sic] in the iron ore and all its privileges. TENTH. I give and bequeath to my son Walter Lee Graybeal and his heirs in fee simple two tracts of land both containing 89 acres valued at $1434.00. Beginning on a sycamore William Graybeals corner running N. 86 E. 14 poles to a stake, N. 5 E. 23 poles to a Sarvis, N. 32 E. 22 poles to a white oak, N. 70 E. 8 poles to a s[t]ake on a ridge, S. 50 E 13 poles to a chestnut, N. 38 E 54 poles to a white oak at the wagon road, N. 51 W 20 poles to a stake in the road, N. 38 W 24 poles to stake the corner of the Academy tract, S 53 W 6 1/2 poles with said line to a stake. N. 48 W 12 1/2 poles to a stake in the road, S 84 W. 7 1/2 poles to a stake, N. 80 W. 16 poles to a stake in the road, N. 6 1/2 poles to a chestnut, N. 10 E 31 1/2 poles to Spanish oak, W. with old line 48 poles to a stake on the ridge. S. 28 W. 66 1/4 poles to a bar post, S. 7 W. 20 poles to the mouth of old field creek, S 40 E with the creek 80 poles to a rock, S. 15 poles to the beginning. Second tract Beginning at a rock Oscar W. Graybeal's corner West crossing the creek 6 poles to a stake, N. 78 W. 40 poles to a stake on top of the ridge, S 3 E 43 poles to a locust, S. 12 W. 6 poles to an Ashe [sic], S. 18 E. 14 poles to a chestnut, S 83 E 28 poles to a thorne [sic], E. 23 poles to the creek, N 43 E crossing the creek 4 poles to a walnut, N. 25 W 26 poles to a sycamore, N. 7 W 35 poles to the beginning. I accept [sic] a three fourth intrust [sic] in the iron ore and its privileges to work. Eleventh: I give and bequeath to my youngest son Charley M. Graybeal the tract of land on which I now live subject to the life estate of my said wife as devised in a former item of this my will to have and to hold to him and his heirs in fee simple, the iron ore I accept [sic] a three fourth intrust [sic] in it with its privileges. Valued at $1500. Beginning on a dogwood S. 6 E 38 poles to a sugar bush Joshua Weavers corner, E. 20 poles to a rock in Weavers line E. 8 poles to a chestnut Graybeals corner, E. 20 poles to a rock where the gum corner stood which was sworn to by Wyet Rose, E. 136 poles to the creek, N. 15 W 69 poles to a stake on the bank of horse creek, N. 5 E 32 poles to a sycamore, N. 15 poles to a pine and rock, N. 40 W. 80 poles to the mouth of Old Field Creek, N. 60 W. 46 Poles to a walnut, S. 43 W. 4 poles crossing the creek to a stake in the mouth of the branch, W. 23 poles to a thorne [sic] bush, N. 83 W. 28 poles to a chestnut, S. 10 W 25 poles to a draw bar post, S. 75 E 57 poles to a rock, S 30 E. 18 poles to bunch of poplar sprouts, S. 32 W. 12 poles to a chestnut, S. 29 W. 38 poles to a hickory, S. 60 W. 28 poles to a locust bush, N. 65 W. 12 poles to a stake, S. 57 W. to a red oak bush, S. 19 E. 20 [poles] to the beginning. Twelth. My will and devise is that the residue of my estate if any after taking out the devise and legacies above mentioned and the debts owing to me collected, if there should be any surplus over and above the payment of debts, expenses and legacies that such surplus shall be divided so as to make my children equal in my estate and sheer [sic] sheer [sic] alike. 13. I hereby constitute and appoint my two sons Adolphus Graybeal and William H. Graybeal my lawful executors to all intents and purposes to execute this my last will and testament according to the intent and meaning of the same and every part and clause thereof. the day and date above written. Calvin Graybeal {Seal} Thos J. Jones James T. King Codicil: April the 19 1901. I desire to make a change in the fork of creek land which I gave to Rebecca E. Baldwin. I accept [sic] three acres of land to go with the Mill, Beginning near Leroy Gilleys gate at [the] bend of the road running a north course with the wagon road so as to include dwelling house and guarden [sic] then a south course so as to include the mill and the above named three acres of land the value of the three acres is to come out of the forty acre tract at an average price. Calvin Graybeal {Seal} Thos J. Jones James t. King Will was probated 12 April, 1902 before A. S. Eller, Clerk of The Superior Court File at: http://files.usgwarchives.net/nc/ashe/wills/graybeal175nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 12.7 Kb