ASHE COUNTY, NC - WILLS - Joseph Graybeal, 14 Sep 1900 ==================================================================== 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: Kyle R. Graybeal krgrebiel@verizon.net ==================================================================== Will of Joseph Graybeal NORTH CAROLINA, ASHE COUNTY Joseph Graybeal born 26 October 1819, died 5 September 1909, son of David Graybeal and Barbara Burkett Graybeal Transcribed from the court house copy filed in Will Book F, page 176 Note: When this will was written, two of Joseph's daughters, Nancy Ashley and Jane Weaver, were already dead though the will does not indicate such. Surnames appearing in the document: ASHLEY, GENTRY, GRAYBEAL, JONES, KILBY, KING, PARK, PENNINGTON, PERKINS, WEAVER & WORTH I Joseph Graybeal of the aforesaid county and state, being of sound mind and disposing memory, but considering the uncertainty of my earthly existence do make and declare this my last will and testament: 1st: My executor hereinafter named shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts, out of the first moneys which may come into their hands belonging to my estate. Second: I give and devise to my beloved wife, Clarissa Graybeal, one sixth of all my personal property, consisting in live stock, household and kitchen furniture, farming tools, shop tools, money, notes and accounts, for her support and maintenance so long as she shall live and if at her death any of it remains, then it shall be equally divided among her heirs. Third: I give and devise to my beloved wife Clarissa, the following piece or parcel of land or the value thereof, lying and being in Piney Creek township, Ashe County, North Carolina, and adjoining the lands of Dr. T. J. Jones, Levi Kilby, my own lands, and containing 12 or 14 acres, more or less, and if it remains in her possession till her death, to be equally divided among her heirs. Fourth: I give and devise to my beloved son David Graybeal the following piece or parcel of land lying and being in Piney Creek township, Ashe County, North Carolina, and adjoining the lands of Dr. T. J. Jones, Levi Kilby and W. H. Perkins and David Graybeal, and which I call my upper farm. To him and his heirs, provided he shall pay to Barbara Weaver, Nancy Ashley, Jane Weaver, and Rebecca Jones, my children, two and 40/100 dollars per acre each, the land being rated at twelve dollars per acre. I also give to my son David one sixth of all my personal property, consisting in live stock, farming tools, household and kitchen furniture, shop tools, money, notes and accounts. The payment on the lands to be made as follows: one third to be paid within one year after my death, one third to be paid within two years from my death, and the balance to be paid within three years from my death. Fifth: I give and devise to my beloved daughter Rebecca Jones, wife of Dr. T. J. Jones my home tract or parcel of land, reserving to myself and excepting all minerals thereon, in or under, together with mining rights, provided she pay to Barbara Weaver, Nancy Ashley, Jane Weaver and David Graybeal, two and 40/100 Dollars per acre--land valued at twelve dollars per acre, payments to be made in three equal annual payments after my death. I also give to her, Rebecca Jones, one sixth of my personal property, consisting in live stock, farming tools, household and kitchen furniture, shop tools, money, notes and accounts. Sixth: I give and devise to my beloved daughter, Jane Weaver, one sixth of all my personal property, consisting in live stock, farming tools, shop tools, household and kitchen furniture, money, notes and accounts Seventh: I give and devise to my beloved daughter, Barbara Weaver, one sixth of all my personal property, consisting in live stock, farming tools, shop tools, household and kitchen furniture, money, notes and accounts. Eighth: I give and devise to my beloved children, David Graybeal, Nancy Ashley, Jane Weaver, Barbara Weaver, and Rebecca Jones, one sixth of my personal property consisting of live stock, farming tools, shop tools, household and kitchen furniture, money, notes and accounts to be divided between them in proportion to what each has already received, so as to make each equal: which is as follows: Nancy Ashley has received Nine hundred and eighty six and 50/100 dollars from me, Jane Weaver has received from me Eight hundred and eight and no/100 dollars, Barbara Weaver has already received of me six hundred and ninety eight and no/100 dollars, Rebecca Jones has already received of me six hundred and forty three and no/100 dollars, and David Graybeal has already received of me six hundred and fifty six and no/100 dollars. Ninth: I give and bequeath to Belinda Graybeal widow of Simeon Graybeal, and the heirs of Simeon Graybeal, two hundred and fifty dollars to be paid to them out of the proceeds from the sale of my minerals. Tenth: I give to my daughter, Mary Pennington, Fifty dollars to be paid to her out of the proceeds from the sale of my minerals. Eleventh: I give and devise to my beloved children: David Graybeal, Rebecca Jones, Barbara Weaver, Jane Weaver, and Nancy Ashley whatever of the proceeds of the sale of my minerals after first paying Mary Pennington fifty dollars and to Belinda Graybeal, widow of Simeon Graybeal and the heirs at law of Simeon Graybeal, two hundred and fifty, to be equally divided between them. Twelfth: I hereby constitute and appoint my trusty friends David G. Weaver, and Dr. T. J. Jones, my lawful executors to all intents and purposes to execute this my last will and testament according to the true intents and meaning of the same, and every part and clause thereof hereb revoking and declaring utterly void all other wills and testaments heretofor made by me. In witness whereof I the said Joseph Graybeal, do hereunto set my hand seal this the 14 day of Sept 1900. his Witness Joseph x Graybeal {seal} G. L. Park mark Signed, sealed published and declared by the said Joseph Graybeal to be his last will and testament, in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto James King Henry Gentry