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Martin Parker 1811-1897
Last Will and Testament and Probate

Transcribed by Eugene Hampton from a copy of the
will in of the Will book for Cherokee County, North
Carolina pages 131-135

In the name of God Amen.  I Martin Parker of the 
County of Cherokee and State of North Carolina being
weak in body but of sound and of disposing mind memory
and understanding do lonely publish and 
proclaim and deem this my last will and testament
as follows to wit:  I direct that my executor herein
after to be named take personal charge of all my
estate both real and personal as soon after my death
as is practicable and that my said executor maintain
control of all my said estate both real and personal
during the lifetime of my beloved cousin Lettie Parker
who has lived with me for more than twenty five years
and that my said executor manage my estate as follows

I direct my executor to see to it and provide that my 
said cousin Lettie Parker shall have a decent and
comfortable support out of the proceeds of all my said 
estate.  I desire that the said Lettie Parker 
be provided yearly with two hogs to be raised by her
as she may choose, and one milk cow shall be hers
during the term of her natural life:
In case of illness the said Lettie Parker
shall be provided with suitable 
medicines Physicians services and a competent 
nurse and my said executor shall pay all 
reasonable charges for the service out of 
the proceeds of my said estate together 
with the charges of funeral.  My said 
executor shall furnish control of all my real 
estate during the lifetime of the said Lettie 
Parker to rent and lease the same  and to 
reserve into his hands the rents and profits 
of the same to be disposed of by him as
herein designated provide the said Lettie 
Parker with reasonable garden spots and 
truck patches:  he shall pay the first taxes
due on my said estate out of the proceeds 
of my said estate..

I direct that the surplus of the proceeds of my 
lands the increase of the stocker after providing
for Lettie Parker as heretofore directed shall 
be disposed of as follows:  One half of said 
surplus shall be used to pay any just debts that 
I may owe after my death; the remaining half 
of said surplus shall be converted into 
money and held in reserve by my said 
executor to be used in defraying any 
unforeseen expenses until the death of 
the said Lettie Parker.  I direct that 
my said executor provide for my body a 
decent burial and pay the charges for the service
out of the first moneys belonging to my estate that
may come into his hands.

I direct that my said executor after the death of 
the said Lettie Parker shall deliver to Emeline James
my beloved daughter who is now the wife of
Williamson James all my said estate 
that may be in his Possession and in the
case the said Emeline James shall be dead,
then my said executor shall deliver 
possession of my estate to the body heirs 
of my said daughter, the said Emeline James.

I hereby nominate Hugh W. Rogers of said State
and County the executor of this my last will and
testament and direct that he shall retain five per
cent of the net proceeds of my estate as a 
compensation for the services he may render 
in discharging the duties pertaining to the same. 
finely revoking and making null and void any and 
all wills heretofore made by me. 
In testimony whereof I the said Martin Parker
have hereto set my hand and affixed my seal
this January 30th 1894
Martin Parker (SEAL)

Signed sealed published and described by
Martin Parker to be his last will and 
testament in the presence of us who at his 
request and in his presence do subscribe be
our names as witnesses this January 30th 
1894
Marshall W. Bell
Samuel E. Carroll

North Carolina in Cherokee County
This day personally came before me D.  H. Wates 
Clerk of Cherokee Supreme Court L. A. Carroll and
maketh oath as follows: That he is a citizen 
of Cherokee County and said State.  

That he is well acquainted with Samuel E. Carroll
that from personal knowledge he knows that 
Samuel E. Carroll is a non resident of the
State of N.C. residing at this date in
the State of Tennessee.  Affiant further
says that he knows the hand writing of said
Samuel E. Carroll having often seen him write
and receiving letters from him.  
That the signature of Samuel E. Carroll 
witness to the last will and testament of
Martin Parker and now exhibited to me 
is the genuine signature of the said 
Samuel E. Carroll
L. A. Carroll


State of North Carolina} In the Supreme Court
Cherokee County}

A paper purporting to be the last will and
testimony of Martin Parker deceased is exhibited 
before me the undersigned Clerk of the
Supreme for said County.  W. H. James the
executor it mentioned and the due executor 
thereof it.  The said Marshal Ball and Samuel
Carroll by the oath and examination of L. A.
Carroll the subscribing witness thereto, who
having duly sworn both dispose and say each
for himself desposeth and saith that he
is a subscribing witness to the paper
writing now shown him purporting to be
it’s last will and testament of Martin Parker
that the said Martin Parker in the presence
of this deponent subscribed his name at the
end of said paper writing which is now shown
as aforesaid and which bears date of the
30th day of January 1894. And the Deponent
further saith that the said Martin Parker
the testator aforesaid did at the time
of subscribing his name as aforesaid declare
the said paper writing as subscribed by
him and exhibited to be his last will and
testament and this deponent did therefore
subscribe his name at the end of said
will as an attesting witness thereto
and at the request and in the presence of
said testator and this deponent further saith
that at the same time when the said testator
subscribed his name to the same last will
as aforesaid and at the time of the deponent
subscribing his name as an attesting witness
hereto the said Martin Parker was of sound
mind and memory of full age to examine
Will and was not under any restraint to
the knowledge information or belief of
this deponent and further these deponents
say not. 

Severally sworn and} Marshall W. Bell
subscribed this 20th} Samuel E. Carroll
day of July 1897 ;D. W. Deweese}
Clerk Superior Court}
North Carolina in the Superior Court} Cherokee County

It is heretofore considered and adjudged by the
court that the said paper writing and every part
thereof is the last will and testament of
Martin Parker deceased have the said Will 
together with the probate be
recorded and filed 
This 20th day of July 1897
D. W. Deweese
Clerk Supreme Court