Bertie County NcArchives Wills..... Johnson, Haywood 1911 ************************************************ 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: Robert Ryan Johnson rrjohnson197268@gmail.com November 6, 2017, 3:40 pm Source: Bertie Co. Will Book Written: 1911 Bertie County Courthouse, Windsor, NC Book K, pages 593, 594, 595, 596, 597, 598, 599, 600 Will of Haywood Johnson Bertie County, N. C. Apl 14th 1898 I Haywood Johnson in good health and presence of mind this day it being my request to give & bequeath my Property in the following maner: My wife Sally Johnson to own & hold my land her lifetime & to Marcus Mizell & wife to have the 50 acres of land known as the Cobb land on the Old Road, Lilla his wife to the house track; the other to Carolina Perry & children: & that the said Caroline is to have a home on my old home track her life time, & then the home track to be held by my daughter Laura Lawrence. My daughter Laura to own the part of the Shade Watson track where she now lives. Remainder of the Watson track to my daughter Bettie Lawrence the track to be divided equal between Laura & Bettie. Gaulberry track to be sold for a division, being 25 acres: My wife Sally to hold all my property during her life time to my daughter, Caroline, my horse & cart, spining wheele , one Bedstead to Lilla & one stead to Laura, my daughter Caroline to a milk cow, or money, to buy one, from said estate. The Remainder of my property they, the heirs are to divide with satisfaction or have a sale & divide. This written & signed April 14, 1898 his Haywood X Johnson mark I also want Caroline Perry to have my sewing machine & spinning wheel. Witness: L. W. Phelps Sally P. Johnson W. T. Asbell if any provision on hand at my death the said Caroline is to have it, also my clock. Witness as above. ================================= North Carolina Bertie County I Haywood Johnson of sound mind and disposing memory do make declare ordain and publish the following as my last will and testament. First. I give devise and bequeath unto my daughters Lila Mizell, and Caroline Perry the Cobb tract of land which I bought of Dick Connors, joining the land of W. N. Dempsey and W. T. Asbell and others and containing 50 acres more or less. This land is to be divided equally between them. My daughter Lila is to have her share so as to include the part she now lives on-to be cut off of that end of the tract, and Caroline is to have her half in the other end to the old road as now divided. To have and to hold to them and their heirs forever. Second. I give devise and bequeath unto Laura Lawrence my daughter my Gall Berry tract of land which joins the Greenleaf Johnson land and which I got of W. P. Gurley and containing 25 acres more or less. To have and to hold to her and her heirs forever. Third. I give devise and bequeath unto my daughters Laura Lawrence and Bettie Lawrence my Shade Watson tract of land which I bought of W. P. Gurley mortgagee. This land was paid for by me but by mistake title was taken in my wife's name, and I want my children to let this disposition of it stand. In the division between them I want Laura to have the part she lives on and the part Bettie gets is to be on the other end next to her home where she lives joining Daniel Jones. Fourth: my will and desire is that my daughter Caroline Perry have a home in my home place where I now live and I give devise and bequeath the same to her for life. After her death I give, devise and bequeath the said home place to my daughter Laura Lawrence and her heirs forever. Fifth. In this will I have disposed of land the title to which is not in my name and the home place which belonged to my wife. this is all in accord with my wife's wishes. In the event either of the persons to whom I have given land in this will, either my own or my wifes, refuses to abide by this disposition of the same; and undertakes to defeat Caroline Perry in enjoying a life estate in my home place; then and in that event the child who refuses to abide by this Will and who refuses to allow Caroline the use of the home place her life time, shall lose all right title and interest in and to the property bequeath to her belonging to me and said land and property so conveyed and bequeathed shall go to Caroline in lieu of the said life estate, to have and to hold to her and her heirs forever. Sixth. I give devise and bequeath unto Caroline Perry all my Provisions on hand at my death; and also my hogs, and the horse and cart, farming utensils, the buggy, the spinning wheel, the sewing machine and one cow and calf, to be selected by her, and the cook stove and cooking utensils. Seventh. I give Lila Mizell one bedstead and to Laura one bed stead. Laura to have the one in the back bedroom; & Lila the one upstairs. Eighth. I give the picture of my wife to Laura and the picture of my wife & myself to Caroline. Ninth. I want all my other property sold and after my debts and funeral expenses are paid I want the proceeds divided equally among my children. Tenth. I appoint Caroline Perry my Executor. In Testimony whereof I set my hand & seal the 4th day of Feb. 1903. his Haywood X Johnson mark Witness W. T. Asbell L. W. Phelps ====================================== North Carolina, Bertie County The excution of the foregoing paper-writings purporting to be & and contained the last will and Testament of Haywood Johnson, deceased, are this day proven before me, the undersigned Clerk of the Superior Court of said County, by the oath and examination of J. T. Perry and Francis D. Winston, persons well known to me to be reputable and entitled to credit, and who being duly sworn testify as follows: That L. W. Phelps and Sally P. Johnson, two of the subscribing witnesses, to be said paper-writings, are dead; That they the said J. T. Perry and Francis D. Winston are well acquainted with the hand writing of said L. W. Phelps having often seen him write and that his name as subscribed as a witness to each of the said paper-writings is in his own proper hand writing. And the Execution of the said paper-writings purporting to be the last Will and Testament of the said Haywood Johnson, deceased, is further proved by the oath and examination of J. T. Perry aforesaid, who upon oath as aforesaid, testifies: That he is familiar and well acquainted with the handwriting of Sally P. Johnson, having often seen her write, and that her name as subscribed to the aforesaid paper-writing is in her own proper handwriting-and the Executions of the said paper-writings are further proved before me by the oath and examination of W. T. Asbell one of the subscribing witnesses to each, who testifies that he is the same W. T. Asbell who witnessed the Execution of each of said paper-writings, that Haywood Johnson executed each of the said paper-writings in his presence, and in the presence of the other witnesses whose names are subscribed thereto and declared at the time each were executed that it contained his last Will and Testament, and that he the said Asbell, at the request of the said Haywood Johnson, and in his presence and in the presence of the other subscribing witnesses wrote his name as a subscribing witness to each, that at each of the times the said paper-writings were so executed and witnessed the said Haywood Johnson was of sound mind and memory, of full age to execute a will and was not under any restraint. And the said W. T. Asbell further testifies that L. W. Phelps and Sally P. Johnson wrote their names to the said paper-writings as subscribing witnesses in his presence, that they are now dead, that he knows the writing of each and that the name of each as signed to the said writings is in the proper hand writing of each. Further deponents say not. J. T. Perry Francis D. Winston W. T. Asbell Sworn to and subscribed before me this the 30th day of January 1911. W. L. Lyon Clerk Superior Court ============== North Carolina Bertie County Upon consideration of the foregoing testimony it is considered and adjudged that the said paper-writings are and contain the last Will and Testament of Haywood Johnson, deceased, and that same as such be admitted to probate and recorded in the Book of Wills in the office of the Clerk of the Superior Court of said County and there held. And it is further ordered that Caroline Perry the Executor therein appointed be allowed to qualify as such and enter upon the discharge of the duties of said will this the 30th day of Janueary 1911. W. L. Lyon, Clerk Superior Court ==================== Book K, page 600 Bertie County, In the Superior Court In the matter of the Will of Before Haywood Johnson W. L. Lyon Clerk Superior Court Caroline Perry being duly sworn, doth say: That Haywood Johnson, late of said County, is dead, having first made and published his last Will and Testament; and that she is the Executor named therein. Further, that the property of the said Haywood Johnson consisting of personalty of every description & exclusive of land is worth about $250.00,so far as can be ascertained at the date of this application and that Lila Mizell, Caroline Perry, Laura Lawrence, Bettie Lawrence are the parties entitled under said Will to the said property. her Caroline X Perry mark Sworn to and subscribed before me, this 30th day of January 1911 W. L. Lyon Clerk Superior Court File at: http://files.usgwarchives.net/nc/bertie/wills/johnson2586gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 9.8 Kb