HAYWOOD COUNTY, NC - WILLS - Bannister Turner, 9 Dec 1872 ----¤¤¤---- Transcription by Marshall L. Styles marshallstyles@yahoo.com LAST WILL AND TESTAMENT OF BANNISTER TURNER, HAYWOOD COUNTY NC. [After having been the executor for the estates of his grandfather Joseph Turner, his uncle Robert Turner, and BP Turner [likely his son], Bannister Turner had developed much expertise in the handling of a deceased person’s affairs. Too, as the Register of Deeds for Haywood County, he had seen a multitude of examples, both good and bad, of wills and estate probates, and perhaps forged documents. He then applied that knowledge to the writing of his Last Will and Testament, being very precise in the setting-forth of his wishes. He also made it very clear as to his own personal disdain for son-in- law Burton Jones, who was a son of Zachariah P. Jones and Sarah Morrow Jones who were ancestors of Marshall L. Styles.] "In the name of God Amen. I, Bannister Turner of the county of Haywood and state of North Carolina, now in the seventy eighth year of my age, but being of sound mind and memory, thanks be to Almighty God, for his blessings, and calling to mind that I cannot live a great while, and being mindful of disposing of such worldly goods as God has blessed me with, for now on this ninth day of December AD 1872, make publish and declare my last will and testament in manner and form following:” “I desire my body to be decently buried by my executor hereafter named, and that the expenses thereof, together with such lawful debts as I may owe shall be paid out of the first monies coming into his hands from the collection of debts due me, and the selling of my personal property which it may be necessary to sell.” “Item First. I give and bequeath to my beloved Nancy Adeline all my household and kitchen furniture of every description for and during the time of her natural life. It is also my will that my beloved wife shall choose one decent distinguished man, and that my executor also choose one decent distinguished man, and the two so chosen shall view my crops, stocks, provisions, and farming tools, and other personal property on hand at the time of my death, and I desire the men so chosen to allot and set apart to my wife so much thereof as in their judgment shall be ample for her comfortable support and maintenance, till other crops can be raised by her, and I enjoin it upon the men so chosen and request of them to be liberal in their allotment. I also give and devise to my beloved wife one third part of my lands, to be allotted to her off the lower part of my farm to include my dwelling house and all necessary out buildings bordering in the lower lines of my part, to include all necessary fire wood, to have and to hold for and during the time of her natural life, in lieu of dower; and I desire that Samuel L. Love, Jeremiah Ratcliff Jr., J.C.L. Gudger, if they be living and in the county, shall make the allotment of the lands to my beloved wife, and request of them to lay out said lands by meters and bounds and give to my beloved wife a description thereof under hands. In case the above named persons should be dead, removed from the county or refuse to act, then I desire that my wife shall choose three distinguished men of no kin to myself or her, to make the allotment above mentioned.” “Item Second. After the allotment of personal property mentioned in the 1st item, I desire that the remainder of my personal property be sold on six month credit with note and security and the amounts [deposited] to a fund, together with such debts due to me as my executor can collect, be applied to the payment of my just debts and funeral expenses, and the expenses of the administration. If there be a surplus I desire that my executor shall pay to my son Phillip M. Turner the sum of fifty dollars; to Thomas B. Crymes my grandson the sum of five dollars, and to Eugenia Turner Crymes my granddaughter the sum of fifty dollars. The payments to Thomas and to Eugenia to be paid to them at the age of twenty one years, or if Eugenia should marry sooner to be paid to her on her marriage; and to William B. Turner my son the sum of five dollars.” “Item Third. I give and devise to Marion S. Russell, Jane C.M. Robinson wife of John W. Robinson, Polly M. Jones formerly widow of Thomas Russell, and Laura A.C. Russell all my lands lying on the waters of Raccoon Creek, near Waynesville, in the county of Haywood, subject however to the life estate of my beloved wife, as stated in Item 1st of this will; to have and to hold, and to hold to them and their heirs in fee simple forever, as tenants in common in the following shares proportions and interests, that is to say: To Marion S. Russell one third part thereof; to Jane C.M. Robinson one third part thereof, and the remaining third part thereof to Polly M. Jones and Laura A.C. Russell Jointly. These lands I leave to the above named parties to be divided by them as they may agree in the proportions above set forth. The share of POLLY M. JONES is to be used and occupied by her without the control or interference of BURTON JONES; but I desire and it is my will that Marion S. Russell shall have his share so to include the house where he now lives.” “It is proper here to state that several years since I devised land and a deed for a portion of these lands, for the purpose of giving the same to Marion S. Russell, but said deed was never delivered to him, and is now lost or destroyed, and my will is that the said Marion S. Russell shall take his third of the land irrespective of that deed.” “It is further my will, and I hereby direct that in case there should not be a sufficiency of supplies on hand arising from the sales of personal property and the collection of debts due to me, after the payment of my just debts, funeral expenses, and the expenses of administration to pay the legacies to Phillip M. Turner, William B. Turner, Thomas B. Crymes and Eugenia Turner Crymes, then I direct that the lands hereby devised to Marion S. Russell, Jane C.M. Robinson, Polly M. Jones & Laura A.C. Russell be charged with the payment of said legacies to be paid in proportion to the shares duly devised to them. The special legacies to William B. Turner, Phillip M. Turner, Thomas B. Crymes & Eugenia Turner Crymes are to be paid without interest.” “The books my beloved wife brought at our marriage and such as she has purchased since are no part of my estate and are not claimed as such” “Item Fourth. It is further my will that such of my household and kitchen furniture bequested to my beloved wife in Item First of this will shall remain at the death of my wife be sold and if the divisions of my lands shall have paid the special legacies herein before charged on these lands {in case there not be a surplus in the hands of my executor to have paid the same} then the amount of said legacies shall be paid to them and the remainder shall be equally divided between Marion S. Russell, Jane C.M. Robinson, Polly M. Jones, and Laura A.C. Russell or to the representatives of such of them as may be dead.” “Item Fifth. All the rest and residue of my property of every description after the division and legacies to be sold and the proceeds to be evenly divided between all my legal representatives in the same proportion as if I had died intestate.” “And lastly I hereby constitute and appoint my beloved wife Nancy Adeline Turner and J.C.L. Gudger to be the executors of this my last will and testament to execute the same according to the [intended] interest thereof hereby revoking any former will by me made and executed.” “In testimony whereof I have set my hand and affixed my seal to this my last will and testament of eight pages written on two sheets of legal cap paper on this the ninth [9th] day of December AD 1872” B. Turner {Seal} “Signed sealed published and declared by Bannister Turner to be his last will and testament in our presence of each other have signed.” J.C.L. Guger Sam’l L. Love CODICIL: “Whereas I Bannister Turner of the county of Haywood and state of North Carolina have made my last will and testament in writing bearing date the ninth day of December one thousand eight hundred and seventy two, in and by which I have made certain bequests to my wife Nancy Adeline Turner, Phillip M. Turner, Eugenia Turner Crymes, Thomas B. Crymes, Marion S. Russell, Jane C.M. Robinson wife of Jno. W. Robinson, Laurel A.C. Russell now Robinson, wife of James Robinson, and Polly M. Jones formerly the widow of Thomas B. Russell.” “Now therefore, I do by this writing which I hereby declare to be a Codicil to my last will and testament, and to be taken as a part thereof, order and declare that my will is [amended as follows]: “First. It is my desire in allotting the one-third part of my land to my wife Nancy A. Turner it shall begin at a Black Oak stump the original corner of the Turner Two Hundred acre tract and running east with my line and the line of a deed made by me to my son William B. Turner and now deeded to John C. Smathers by the said William B. Turner to a corner then runs South with the said line with the State road to where the Road running to the Ratcliff Cove leaves the State road and thence with the said road running to said cove crossing Raccoon Creek to a certain Locust tree in the old bryer field above the old orchard as to a point where to run from there west to the line between my land and Dr. S.L. Love, so as to by running with said line to a corner known as the old white oak corner and then running East to the beginning, according to the deeds of my land so as to include one third of my land.” “Item 2. Also, in my last will and testament I bequested to P.M. Turner fifty dollars in money, said bequest is revoked and it is my will that PM Turner and Banister Pulliam have a joint interest in the following land. Beginning at a large white oak in the head of the hollow above the Pine Swamp in the line of Samuel L. Love land and running in a straight direction to an apple tree near the cross fence running to the old orchard, there to a Locust tree mentioned in the 1st item of this Codicil, there from that point with the line mentioned in Item 1st, crossing Raccoon Creek to the road running to the Ratcliff Cove, then with said road to the State Road and the line between my land and J.C. Smathers as mentioned in Item 1st to the corner of Samuel L. Love land and my own, there south to the beginning. The said P.M. Turner is to have two thirds and Banister Pulliam one third of the land mentioned in this Item and not to take possession until after the death of my wife Nancy A. Turner.” “Item 3. It is my will that the residue of my land not mentioned in Item 2 to be divided into three parts according to the number of acres between my three grandchildren [to wit] Jane C.M. Roberson wife of John W. Roberson, Laura A. Roberson wife of James Roberson, and Marion Russell, and it is my desire that they have each the land where they now live; that is Jane C.M. Roberson, Laura A. Roberson, and Marion Russell is to have one third of the number of acres of my land not mentioned in Item 2nd including the houses where they now live and it is my will that my daughter Polly Jones have a joint interest with Laura A. Roberson as mentioned in my original will.” “Item 4th. It is my desire that PM Turner be charged in proportion with my other legatees [illegible] bequeath land to make the amount of Fifty Dollars to be paid to Eugenia Turner Crymes.” “Finally, it is my desire that my friends Jeremiah Ratcliff and Samuel L. Love be associated with my wife Nancy A. Turner as executors of my last will in the stead of J.C.L. Gudger, and it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid, to all intents and purposes.” “In witness whereof I have hereto affixed my hand and seal on this Fifth day of February one thousand eight hundred and seventy five.” CODICIL 2: “Whereas I Bannister Turner have made my last will and testament in writing bearing date on the ninth day of December one thousand eight hundred and seventy two, and have thereby made sundry devises and bequests according to the then-existing circumstances and whereas I did on the fifth day of February one thousand eight hundred and seventy five make a codicil to my said will in which I made various changes and revocations according to the then- existing circumstances, I do by this my writing which I declare to be a codicil to my said will to be taken and construed as part thereof.” “First. I will that that part of my first codicil in which I bequeathed a certain part of my land as described in Item 2nd of said codicil to my nephew Bannister Pulliam be hereby revoked, and I will and bequeath that portion of my land revoked in this item and described in Item 2nd of my first codicil to my Grand Son Marion Russell and my Grand Daughter Jane C.M. Roberson wife of John W. Roberson, on condition that the said Marion Russell and John W. Roberson supply my firewood to me during my natural life.” “In testimony whereof I have hereunto set my subscribed name and affixed my seal this fifth day of February in the year of our Lord one thousand eight hundred and seventy five.” B. Turner {Seal} “The above written instrument was subscribed by the said Bannister Turner in our presence and acknowledged by him to each of us and he at the same time published and declared the above instrument so subscribed to be a codicil as part of his last will and testament, who at his request and in his presence and the presence of each other do subscribe our names as witnesses thereto.” Samuel L. Love J. Ratcliff Jr. Bannister Turner, a Methodist Minister, died in Haywood County NC in1879 and is buried in the Green Hill Cemetery in Waynesville. The wife who was named in his will was Nancy Adeline Mann, who was formerly married to Methodist Minister Joshua L. Bird in Haywood County in 1845. ----------------------------------------------------------------------------- Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Marshall L. Styles marshallstyles@yahoo.com -----------------------------------------------------------------------------