Greene County, NC - Will of Mark Smith, 1893 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ North Carolina Greene County I, MARK SMITH of the state of North Carolina and County of Greene being of feeble body but sound mind but considering the uncertainty of my earthly existence, do make and declare this my last will and testament. ITEM 1 My executor, hereinafter named shall give my body a decent burial suited to the wishes of my friends and relatives and pay all funeral expenses together with my just debts out of the first money which may come into his hands belonging to my estate. ITEM 2 I give and devise to my beloved wife MARY C. SMITH during her natural life one hundred acres of land where I now live and described as follows (land description to lengthy to write here, mentions Patrick Smith, James W. Taylor lines and Button Branch). At her death I desire that it be sold and the proceeds divided between my daughters MARTHA J. VAUGHN wife of WILLIAM VAUGHN, NETTIE WELLS wife of MARK WELLS, STELLA ANDERSON wife of PERRY ANDERSON and my grand daughter LOU SEYMOUR. I also desire should STELLA ANDERSON die without a lawful heir of her body that her share to be equally divided between MARTHA J. VAUGHN, NETTIE WELLS and LOU SEYMOUR. Should LOU SEYMOUR die without a lawful heir of her body then her share to be equally divided between MARTHA J. VAUGHN and NETTIE WELLS. I further give to my wife MARY C. SMITH one press, two beds and bedsteads and furniture and all the bed clothing she now claims and one trunk she now claims also three hundred dollars to be paid out of the sale of my personal property should there be enough on hand, if not, then I desire that enough of the proceeds of a piece or parcel of land hereinafter mentioned and described to be sold, be reserved to make up said three hundred dollars or so much of said remaining amount there due. ITEM 3 My will and desire is that a piece of piney woods land be sold (if not sold before my death) the proceeds arising from such sale of land be applied to paying of my just debts after making up the deficiency of the three hundred dollars as mentioned in the proceeding item if there should be any. Said piney woods land lies on the north side of the Snow Hill road, adjoins the lands of W. S. NEWSOM heirs, GILES NEWSOM heirs and JAMES W. TAYLOR, beginning at CALHOUN SMITH'S corner then with said Smith's line to JAMES W. TAYLOR'S line, then with his line and NEWSOM'S line to NEWSOM'S corner on the road, then with W. S. NEWSOM'S line and the said road to the beginning. ITEM 4 I give and devise to my son CALHOUN SMITH one hundred acres of land where he now lives including the dwelling house and out houses beginning at the corner of the piney wood tract (mentioned in item 3) (land description to lengthy to write here, mentions JAMES W. TAYLOR'S line, Button Branch, HENRY EXUM'S line, GILES and W.S. NEWSOM'S corner) to him and his heirs forever, provided he pay his prorata portion of my just debts. ITEM 5 I give and devise to my son PATRICK SMITH sixty (60) acres more or less where he now lives and claims. Said land adjoins JAMES W. TAYLOR, H.H. SMITH and H.D. POTTER, also forty acres more of wood land lying between MARY C. SMITH'S and the cart way leading from public road at Mrs. E. NEWSOM'S stone house toward H.H. SMITH'S, to him and his heirs forever, provided he pay his prorata portion of my just debts. ITEM 6 I desire that the balance of my cleared land be rented out every year during my two daughters, MARY ANN SMITH and SARAH ANN SMITH' life time the ______ to be sold and the proceeds of such sale to be equally devided between my two daughters MARY ANN SMITH and SARAH ANN SMITH or as their afflictions or circumstances in the judgement of their Guardian may demand that is if one of them should become more needy than the other she is to be provided for as her circumstances may demand and after their death the said land mentioned in this item is to be sold and the proceeds arising from such sale to be equally devided between my children CALHOUN SMITH, PATRICK SMITH, MARTHA J. VAUGHN, NETTIE WELLS, STELLA ANDERSON and my grand daughter LOU SEYMOUR and if my daughter STELLA ANDERSON or my grand daughter LOU SEYMOUR should either die or both of them die without a lawful heir of their body then their interest shall be equally devided between my other heirs and I further desire that my daughter NETTIE WELLS' share pay over out of the proceeds she received of the sale of the land to my daughter MARTHA J. VAUGHN the sum of one hundred and twenty dollars and that her interest in said division shall be ______ unto MARTHA J. VAUGHN for the said one hundred and twenty dollars. ITEM 7 I give and devise unto my daughter MARTHA J. VAUGHN one hundred and twenty nine and one half acres of land it being a part of my WOOTEN tract of land and described as follows, (mentions McD. PATE'S line, JAMES H. WADE'S line, Snow Hill & LaGrange road) to her and her heirs forever provided she pay her prorata portion of my lawful debts. ITEM 8 I give and devise unto my daughter NETTIE WELLS one hundred and forty five and one half acres of land it being a part of my WOOTEN tract of land and described as follows (mentions Snow Hill to LaGrange road, Mrs. J.P. MEWBORN'S line, McD. PATE line,) to her and her heirs forever provided she pays her prorata portion of my lawful debts. ITEM 9 I give and devise unto my daughter STELLA ANDERSON one hundred and thirty seven and one half acres of land it being a part of my WOOTEN tract of land and described as follows (mentions Snow Hill to La Grange road McD. PATE'S line, Hullett Branch, Mrs. W.G. WHITTED, JAMES H. WOOD) to her and her heirs forever, but if she dies without a lawful heir of her body then it is to be equally divided between my daughter MARTHA J. VAUGHN, NETTIE WELLS and grand daughter LOU SEYMOUR, provided she pays her prorata portion of my lawful debts. ITEM 10 I give and devise unto my grand daughter LOU SEYMOUR one hun- dred and thirty seven and one half acres of land it being a part of my WOOTEN tract of land and described as follows ( mentions MITCHELL'S line, Mrs. JAMES BIZZELL'S line, Wm. JOHNSON'S and JAS. KERNEY'S line, MEWBORN'S line) to her and her heirs forever, but if she dies without a lawful heir of her body then it is to be equally divided between my daughters MARTHA J. VAUGHN, NETTIE WELLS and STELLA ANDERSON provided she pay her prorata portion of my lawful debts. ITEM 11 My will and desire is that my executor shall sell that portion of my wooden land hereinafter described and apply the proceeds of such sale to the discharge of my lawful debts, the said land lies (then gives description) ITEM 12 My will and desire is should my daughter MARTHA J. VAUGHN die without a lawful heir of her body either child or grand child then that portion of my property I have given unto her be equally divided among all of my lawful heirs. ITEM 13 My will and desire is that should anyone of my heirs refuse to pay his or her prorata portion of my lawful debts, then my executor shall take hold of the portion of property I have given them and sell the same or so much of it as will be required and pay said prorata portion of said debt. ITEM 14 In this my last will and testament I have tried to divide my property equally among my children and grand child and my desire is that after my executor has applied all the money that may come into his hands to dis-charging of my debts that should there be any debts still remaining due and unpaid say there should be (for illustration) six hundred dollars still unpaid my desire is that my sons, CALHOUN SMITH, PATRICK SMITH and my daughters MARTHA J. VAUGHN, NETTIE WELLS, STELLA ANDERSON, and my grand daughter LOU SEYMOUR shall pay each one hundred dollars and should there be more or less due, each one shall pay as stated above. ITEM 15 My will and desire is that my wife, MARY C. SMITH and two sons CALHOUN SMITH and PATRICK SMITH shall have the right to dig marl on the tract of land I have given for to be rented for my two daughters MARY ANN SMITH and SARAH ANN SMITH for their own use and on their own land during my two daughters lifetime but they shall not dig so as to mess it up to destroy it. ITEM 16 My will and desire is that my wearing clothes be divided between my two sons CALHOUN SMITH and PATRICK SMITH. ITEM 17 If I have paid or will have to pay any security money for any of my sons or sons in law then my desire is that it shall be deducted out of that portion of property I have given to them or their wives. ITEM 18 I hereby appoint my trust friend GEORGE SMITH as Guardian to and for my two daughters MARY ANN SMITH and SARAH ANN SMITH and my grand daughter LOU SEYMOUR And lastly I do hereby appoint my trusty friend JOSEPH S. FRAZIER my executor to execute this my last will and testament to all intents and purposes to execute according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said MARK SMITH do hereunto set my hand and seal, this 7th day of March A.D. 1892. MARK (X) SMITH Seal Signed, sealed, published and declared by the said Mark Smith to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto. L.J.H. MEWBORN Seal JOHN M. MEWBORN Seal Probate 18 Apr 1893 Record of Wills Greene County Courthouse Snow Hill, NC ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - judy_ginn@aol.com ______________________________________________________________________