Buncombe County, NC - Will of Julia Peyton Washington, 1895

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WILL OF JULIA PEYTON WASHINGTON

Probated in Richmond, Virginia and also in Buncombe County, NC. Copy of 
the original at the NC Archives – Buncombe County Wills – 1826–1909
CR013.801.10. 

Julia Amanda was the daughter of Gen. Bernard and Julia Amanda Green 
Peyton of Virginia and the widow of John Cobb Washington of Kinston, 
NC.  The brother mentioned was Thomas Green Peyton and his wife was 
Cary Ann Carr. The niece, Sydney Smith Peyton md the Rt. Rev. William 
Loyall Gravatt. (Information from Harold Davey, Archivist for the 
Peyton Family Association).  Mrs. Wm. A. Bluut was Mary A. Bond 
Washington, step daughter of Julia and wife of William Augustus Blount 
of Washington, NC.

I, Julia Washington, being of sound memory, but of very infirm health 
find myself compelled to place myself in the keeping of my brother T. 
G. Peyton, and his wife who will be subject to many expenses – without 
compensation during my life time, and a very inadequate one afterwards 
in the only property I shall die possessed of I therefore destroy 
(sic) a former will (in which I made a more equal division of my small 
effects) – considering it just to endeavor to compensate those who have 
assumed the care of me through probably a long and chronic illness.

After my death I desire my Black Mountain place (at the station) to 
pass to my niece, Sidney S. Gravatt, with the ownership of the house 
and all contained therein and in the premises an Am. Tobacco bond 
(sic), presented to me by General Haguer I desire to present to Mr.  
T. G. Peyton.  The ??cessitast (NOTE: the document is creased through 
this line) of a long illness may cause me to have to use all the small 
monies I have had from time to time from Kinston, which I have hoped 
very much to leave to Mrs. Wm. A. Blunt, but that seems my necessity as 
the Black Mountain property has availed nothing.

The Mountain tract, at that point of 500 acres I wish to pass into the 
possession of my brother and his wife – T. G. and C. C. Peyton.  

Please bury me near where I shall die. I much desire the simplest stone 
over the grave of my beloved husband if it can be placed with my means 
honestly left.  With love for all of my family, and commending my soul 
to God, this is my last will and Testament.

Julia Washington
Decr. 14, 1894

M. P. Anderson
Thos. J. Moore

Virginia

In the Chancery Court of the City of Richmond the 1st day of March 
1895.  This paper writing bearing date the 14th day of December 1894, 
purporting to be the last will and testament of Julia Washington, 
deceased, late of this city, was this day produced to the Court for 
proof, and it appearing to the court from the oaths of M. P. Anderson 
and Thos. J. Moore, the two subscribing witnesses thereto that the 
signature of the said Julia Washington to the said paper writing was 
not made, nor the said paper writing acknowledged by her, the said 
Julia Washington, in the presence of the said subscribing witnesses 
present at the same time, as required by the statute in such cases 
made, and provided, but it further appearing to the Court from the 
oaths of M. P. Anderson and Nllia ?? T. Peyton that the said paper 
writing both the body thereof and the signature thereto, was wholly 
written by the said Julia Washington the said witnesses testifying that 
they were well acquainted with the handwriting of the said testatrix, 
having frequently seen her write, and it further appearing from the 
oaths of the said witnesses that on the 14th day of Decr. 1894, the day 
on which the said paper writing bears date, the said testatrix was 
of sound mind and memory, the said paper writing is established, and 
ordered to be recorded as, and for the true last will and testament of 
the said Julia Washington, deceased.

And, at another day to wit
At a Court of Chancery continued by adjournment and held for the City 
of Richmond, at the Court room thereof in the City Hall on Monday, 
March 4, 1895

On the motion of T. G. Peyton, brother of Julia Washington, decd, whose 
last will and testament was admitted to probate in this Court on the 
1st day of March 1894 (sic), the Court doth appoint T. G. Peyton as 
administrator of the estate of the said Julia Washington dec'd with the 
will of the said Julia Washington annexed.  Thereupon the said T. G. 
Peyton made oath as the law directed and together with R. S. Archer, 
his surety, who first justified on oath as to his sufficiency, entered 
into and acknowledged a bond as such administrator, in the penalty of 
Two thousand dollars and conditioned according to law.

And certificate is granted the said T. G. Peyton for obtaining letters 
of administration on the estate of Julia Washington, deceased with the 
will annexed in due form.

I, Charles W. Goddin, Clerk of the Chancery Court of the City of 
Richmond, do hereby certify that the foregoing is a true transcript 
from the records of the said Court.

In Testimony Whereof, I have hereto set my hand and annexed the Seal of 
the said Court this 6th day of March 1895
Signed Charles W. Goddin

I, James C. Lamb, only Judge of the Chancery Court of the City of 
Richmond, do hereby certify that Charles W. Goddin, whose name is signed 
to the foregoing Certificate, is, and was at the time of signing the 
same, Clerk of the said Court, duly qualified; that his attestation is 
in due form of law;  that his signature is genuine and all his official 
acts entitled to full faith and credit.

Given under my hand this 6th day of March 1895.
James C. Lamb


A copy
T. G. Peyton
Box 461
Richmond, Va

Recorded in Book of Wills D page 545
1903
$2.25 fees paid

North Carolina, Buncombe County
In the matter of probate of Will of Julia Washington

The State of North Carolina, to Thos. N. Carter,
Greeting:
Whereas, it is made to appear to us that a will was made by Julia 
Washington, deceased, a resident of the State of Virginia, disposing of 
lands within this county and state, which said will was proved and 
allowed in the state of Virginia.

And Whereas, a copy of said will duly certified and authenticated, by 
the Clerk of the Chancery Court of the City of Richmond, Va., in which 
Court said will was proved and allowed and is now desposited, under his 
official seal, has been exhibited to me for probate.

And Whereas, it does not affirmatively appear in the certified probate, 
or exemplification of said will that said will was executed according 
to the laws of this state;

Now, Therefore, We reposing special trust and confidence in your 
integrity, do authorize and empower you at such time and place as you 
may appoint to examine under oath such persons as may be produced 
before you touching the execution of the last will and testament of 
Julia Washington, deceased.

And the examination in writing, by you so taken, the same to transmit 
to our office.

Witness our hand and official seal at our office for said county and 
state in Asheville, this February 12, 1902.

Marcus Brown
Clerk Superior Court

North Carolina, Buncombe County
In the matter of the probate of the Will of Julia Washington

Pursuant to the annexed commission to me directed, I Thos. N. Carter, 
under the authority thereof, did on the 14 day of March, 1902, proceed 
to take the examination of Caryanne C. Peyton, Sidney S. Gravatt, & W. 
L. Gravatt touching the execution of the will of Julia Washington, 
deceased; and at such time the original will of said Julia Washington 
bearing date the 14th of December, 1894, was exhibit to said witnesses 
above named by authority of the Clerk of the Chancery Court of the City 
of Richmond, Va., in which Court said original will was heretofore, to-
wit; on March 1st 1895, probated, allowed, recorded and filed, and in 
the legal custody of which Court said original will now is.

And said witnesses, the said Caryanne C. Peyton, Sidney S. Gravatt & W. 
L. Gravatt, each being first duly sworn, did, on examination by me, 
depose and say that they are well acquainted with the handwriting of 
said Julia Washington, having often seen her write, and that they 
verily believe that the name of said Julia Washington subscribed to the 
said will, and the said will itself, and every part thereof, is in the 
handwriting of the said Julia Washington.

And the said Sidney S. Gravatt did further depose and say that said 
will was found among the valuable papers and effects of the said Julia 
Washington after her death.

Signed
Caryanne C. Peyton
Sidney S. Gravatt
W. L. Gravatt

Swore to and subscribed before me this the 14 day of March 1902.

Thos. N. Carter, Commissioner

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