Estate settlement of John Holder, 1870, Forsyth Co. NC ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Elizabeth Harris 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. ******************************************************************. State of North Carolina Davidson County May 17th AD 1869 John Holder of the county and state aforesaid being in a good state and mind knowing that is appointed that all man shal die, constitute & make this my last will & testament first of all recommend my soul to almighty God who gave it. my body to be desandtly burried in a christly manner at the descretion and under the direction of my Executor 2nd I will and bequeath to my beloved wife Elizabeth Holder two cows & calves her choice, Eight Head of Hogs her choice one hundred bushels of corn, twenty bushels of wheat five hundred pounds of pork two hundred pounds of bacon & one hundred Dollars in cash one buggy & Harness so long as she retains my name & all my household and kitchen furniture during her life or as much as she thinks necessary for her comfort & support during her widowhood. I intend the above articles of property or all of them that shall remain unused at the death of my wife to be sold by my Executors as described by law in such cases & Equatably divided between my children & the grandchildren of my wife that is to say one half to be equally divided between my children share & share alike the other half to be divided between the Grandchildren of my wife share & share alike 3rd - I will and bequeath to my Daughter Elizabeth Holder one third part of a tract of Land lying in the county of Forsyth adjoining the lands of George Sheets & others where she now lives the said third part to include the dwelling house barn & out houses said land at the death of my daughter - Henry Holder I will & bequeath to my Grand Daughter Margaret Holder being the daughter of this Henry Holder Hold the said tract of land containing one hundred acres more or less - the second lot of the land just mentioned I bequeath to my daughter Nancy Holder during her life and at [fold in paper, illegible] etc. I will & bequeath the same lot of land to her son Saul Holder in fee semple Third lot = I will and bequeath to my Daughter Anny Bowyer in fee semple I will and bequeath to my son Henry Holder one dollar Exclusive to what I have already given him I further will and bequeath that after my Death my Executors shall sell at public sale on such credit as they think best after duly advertising the same as the law directs all of my personal property both in Davidson County or Forsyth County that has not been disposed of in this will in any other way. The proceeds to be Equally divided among all of my children share & share alike that is after all of my just debts are paid & settled of - I now appoint my son Henry Holder & my friend Henry Waller [? could be Walker] my sole Executors to this my last Will and testament revoking all other previous wills signed & sealed in the presence of witness John Holder [witnesses] Columbus Byerly & George Byerly North Carolina Davidson County I L.E. Johnson clerk superior court for the aforesaid county do hereby certify that the foregoing contains a true copy of John Holder's will In testamony whereof I hereunto set my hand & seal this the 18th of Feby 1870. L.E. Johnson clerk ------------ [A copy of this will was included in loose estates papers for Forsyth County, at the NC state archives. Other papers in this folder relate to division of the property in Forsyth County.] Superior Court, Forsyth County Nelson Holder & his wife Nancy Holder Sowell Holder & his wife E.J. Holder Margaret Holder, Elizabeth Holder, & John Boyer & his wife Anna Boyer Petition exparte for the partition of real estate To the Hon. John Blackburn, Clerk of the Superior Court of Forsyth Count & Judge of the Court of Probate for said County, Your petitioners would respectfully show that they are owners and tenants in common of a certain tract of land, lying in Forsyth County, on the waters of Muddy Creek adjoining the lands of George Sheets, John Boyer, Henry Holder & others containing one hundred acres more or less. The rights of your petitioners are as follows (the land aforesaid being divided & bequeathed to them by John Holder deceased, under his last will and testament a copy of which is hereunto attached marked A & prayed to be taken as a part of this petitions) First Elizabeth Holder a life estate, during her natural life in one third part, to include the dwelling house, and out houses barn &c. She to have the first choice, at her death then over to Margaret Holder in fee Second. Nelson Holder and fife [sic] Nancy have a life estate in one third part during the natural life of the said Nancy And at the [blank space] in of the life estate, over to Sowell Holder in fee Third, John Boyer & wife Anna Boyer One third part in fee That the respective parts & shares of your petitioners have not been set apart and assigned to them That your petitioners are desirous of having the said Lands divided by proper metes & bounds & the share of each are allotted to him or her, according to their respective rights Therefore your petitioners pray that a decree of partition may be made by your Honor & that commissioners may be appointed to divide said lands by proper metes & bonds and allott these to your petitioners according to their respective rights & estate, and that they make due return thereof in writing according to law. J. Masten Atty. Sept. the 7, 1870. We the undersigned do certify that we are willing that the track of land that John Holder willed to us shall be divided according to law. [witnesses] Isaac [?] Cline Junius Boyer Nelson Holder Nancy Holder Sowell Holder E.J. Holder Margaret Holder Elizabeth Holder [Except for Nelson Holder, the petitioners' signatures are all written in the same hand as the text of the document and signed by mark.] --------- Superior Court Forsyth County Petition Exparte for the partition of Real estate Nelson Holder & his wife Nancy Holder, Sowell Holder, & his wife E.J. Holder, Margaret Holder, Elizabeth Holder, & John Boyer & his wife Anna Boyer Order for partition Superior Court Clerk's Office, Winston Forsyth County, N.C. Sept. 29, 1870 This case coming on for hearing, and being set for hearing, and being heard, upon the petition And it appearing to the satisfaction of the Court, that the petitioners are the owners, and tenants in common, of the tract of land described in the petition, and that the interest and right of the petitioners are as therein set forth, and that they desire the same to be divided and allotted to them according to their respective rights and interests. It is therefore ordered by the Court that Nathaniel Ketner Thomas Spaugh and Henry Hart be and are hereby appointed commissioners to divide said lands, into three shares, and equal in value, by proper metes and bounds and allot said shares to the petitioners according to their respective rights and interest, And that they assess the shares of greater value, with such sum or sums as will make the shares of less value, equal in value with the other shares, so that each share shall be equal in value, and that they report in writing seting out in full the metes and bounds of each share numbering each share and to whom it is allotted according to Law J.W. Blackburn Clerk of Superior Court Forsyth County & Judge of Probate --------- State of North Carolina Forsyth County To the worshipful, this judge of Probate Court We the undersigned Commissioners, appointed by the court of Probate of said County having been duly sworn, proceeded, on the 13th day of October 1870 to divide & make partition between and among Elizabeth Holder and John Boyer & wife Anna Boyer and Nelson Holder & Nancy Holder tenants in common of the Land descended to them as children and heirs at law by the last will & Testament of John P. [? possibly just a smudge] Holder dec. Whereupon we have made, & do hereby make the following appropriation among the respective claimants in severalty, that is to say the lot No-1 is assigned & apportioned to Elizabeth Holder in severalty, bounded as follows (viz.) Beginning at a Post Oak running North 21 chains to a White Oak, H. Holder's corner, thence S 79 & E. 16 chains & 50 links to a Willow Oak, thence South 18 chains & 30 links to a stone & pointer, thence West 15 chains & 50 links to the beginning containing 33 Acres more or less. Valued at three hundred & fifty Dollars. No- 2 is apportion to John Boyer & Anna Boyer in severalty bounded as follows (viz.) Beginning at a Willow Oak running South 18 chains & 30 links to a stone, thence East 11 chains & 87 lines to a stone, thence North 23 chains to a stone on the Creek thence up the same to H. Holder's corner, thence with his line S 46 & W 10 chains & 60 links to the beginning. Containing 30 Acres more or less. Valued at Three hundred & fifty Dollars. No-3 is apportioned to Nelson Holder & Nancy Holder in severalty bounded as follows (viz.). Beginning at a stone on the corner of No 2 and G. Sheets line running North 23 chains to a stone on the bank of Muddy Creek thence down the same as it runs to a White Oak G. Sheets corner, thence West with his line 16 chains to the beginning. Containing 35 Acres more or less valued at Three hundred & fifty Dollars All which is respectfully submitted, under our hands & seals, this 13th day of October 1870. Thomas Spach Henry Hart Commissioner N. Ketner Commissioned H. Hart one day $2.00 Thos. Spach one day $2.00 N. Ketner one day $2.00