Cherokee County, NC - Will of Emeline Parker James, 1922


Emeline Parker James 1838-1921
Transcribed by Eugene Hampton from a copy of the Cherokee County, North 
Carolina Book of Wills   
Book B pages 115-118

In the name of God Amen

I Emeline Parker James, of the County of Cherokee, State of North 
Carolina being weak in body but sound in mind and of a disposing 
understanding;  Do hereby make public, proclaim, and declare this my 
last will and testament; as follows:

In consideration of the loyalty, and faithful care and devotion to me 
by two of my daughters;  I direct and will that Harriet James, and Mary 
Elizabeth James, shall receive and own, and control;  and dispose of as 
their own in fee simple all my real estate described in State Grant No. 
3242;  to Iredell Cook;  thence by deed to Willis Umphreys; thence to 
Martin Parker;  thence by Martin Parker’s will to me, and described in 
Book “R” page 148, Register’s office Cherokee County, State of North 
Carolina.

I further will and order that Harriet James and Mary Elizabeth James, 
shall receive as their personal property, to keep or dispose of:  All 
my house hold effects, and whatsoever may be considered mine in the way 
of stock, chickens; etc.

On the condition only that Harriet Jane James, and Mary Elizabeth 
James, the parties of the second part, continue loyal and faithful to 
me, and their father William James, until our deaths.

In testimony whereof I Emeline Parker James have hereunto set my hand 
and affixed my seal, this 7th of Aug. 1912
Emeline Parker James {SEAL}


Witness         G. W. Lovingood
Witness         W. I. Hughes

State of North Carolina }               In the Superior Court
Cherokee County           }SS

A paper purporting to be the last will and testament of Emeline Parker 
James deceased, is exhibited before me, the undersigned Clerk of The 
Superior Court for said County, by J. M. Sneed, and the due execution 
thereof by the said W. I. Hughes and G. W. Lovingood by the oath and 
examination of W. I. Hughes and G. W. Lovingood the subscribing witness 
thereto; who being duly sworn, doth dispose and say, and each for 
himself disposeth and saith that he is subscribing witness to the 
paper-writing now shown him, purporting to be the last will and 
testament of Emeline Parker James; that the said Emeline Parker James 
in the presence of this deponent subscribed her name the end of the 
writing, which is now shown as aforesaid, and which bears date of the 
7th of August, 1912.

And the Deponent Further Saith, That the said Emeline Parker James the 
testatrix aforesaid, did at the time of subscribing her name as 
aforesaid declare the same paper-writing so subscribed by her and 
exhibited to be her last will and testament, and this deponent did 
thereupon subscribed his name at the end of said will, as an attesting 
witness thereto, and at the request and in the presence of said 
testatrix subscribed.  And this deponent further saith, that at the 
same time when said testatrix subscribed her name to the last will as 
aforesaid, and at the time of the deponents subscribing his name as an 
attesting witness thereto as aforesaid the said Emeline Parker James 
was of sound mind and memory, of full age to execute a will, and was 
not under any restraint to the knowledge, information or belief of the 
deponent; And further these deponents say not.

Severally sworn and subscribed }
this 12th day of October, 1921 }
before me }
A. L. Johnson }
Clerk Superior Court }
North Carolina } In the Superior Court
Cherokee County } SS

In the matter of the Will
of Emeline Parker James, deceased

The paper writing hereto attached and purporting to be the will and 
testament of Emeline Parker James, deceased is exhibited before the 
undersigned clerk of the Superior Court of Cherokee County, North 
Carolina by the custodian of said will, and thereupon the following 
proof thereof is taken by the oath and examination of G. W. Lovingood, 
one of the subscribing witnesses to said will as follows:

G. W. Lovingood, being duly sworn, disposes and says, that he is a 
subscribing witness to the said paper-writing now shown him, purporting 
to be the last will and testament of Emeline Parker James;  That 
Affiant talked to the testatrix while she was lying on a bed, at her 
home, and that in affiance opinion she was of sound mind and disposing 
memory.  That it was testatrix desire and intention expressed to 
Affiant before he subscribed his name to said will, that the persons 
named in the will should have all the property she owned, both real and 
personal.  That Affiant after to (sic) testatrix walked to the porch 
from where she was lying on the bed in the room and signed his name to 
said will as a subscribing witness to said will, the said W. I. Hughes 
having called Affiant to the home of Emeline Parker James for the 
purpose of subscribing his name as a witness to her will one the 12 day 
of August, 1912.
G. W. Lovingood

Subscribed and sworn
to before me, this, the
21 day of February, 1922
	A. L. Johnson
Clerk Superior Court


North Carolina }
Cherokee County }       In the superior Court

It is therefore considered and adjudged by the court that the said 
paper-writing and every part thereof is the last will and testament of 
Emeline Parker James, deceased.  Let the said will, together with the 
probe, be recorded and filed this 21st day of February 1922
A. L. Johnson
Clerk Superior Court

Recorded February 24th, 1922

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This file was contributed for use in the USGenWeb Archives by
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