Lenoir County, NC - Will of Stephen W. Isler, 1912 ~~~~~~~~~~~~~~~~~~~~~~~~~~ State of North Carolina, Lenoir County I, Stephen W. Isler of the County and State aforesaid, being of 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 suitable to the wishes of my friends and relatives and pay funeral expenses and all my just debts out of property and funds hereinafter set forth for the use of the Rev. H. Isler Sr. and his daughters, to-wit: Elizabeth W. Isler, Annie A. Isler, Barbara M. Hyle and Kate M. Isler. Item II. I give and devise the place on which I now live in Lenoir County, it being the same purchased by me from Thomas Worthington recorded in the Registers office of Lenoir County N.C. in Book 26, page 260, together with furniture, animals and farming utensils and everything else connected with the place to S.H. Isler Jr. and his heirs, in special trust and confidence, however, that he hold this place free from the libilities now existing or any liabilities hereafter created by himself or children for the sole use and benefit of himself, the said S. H. Isler, Jr. during his natural life, remainder to the children of said S. H. Isler, Jr. and their heirs forever; provided that no child or children of the said S. H. Isler, Jr. shall be entitled to any part of the estate set forth in this article or the procedes of the sale therof who marries any person without the written consent of their father, the said S. H. Isler, Jr. and the said S. H. Isler, Jr. is vested with the power to sell and make title to the same, or any part or the whole of the premises described in the article with the consent in writing of my good friend, Hon. D. H. Allen, who is requested to see that the proceeds of the sale of the tract of land be invested as directed in this my last will and testament. The proceeds of the sale of this traded off land shall be for the sole benefit of S. H. Isler, Jr. during his life, the remainder to the children of the said S. H. Isler, Jr. and their heirs forever subject to directions above mentioned. In case of the death of any of the children of said S. H. Isler, Jr. before they shall arrive at the age of twenty one years, or marry any person without his consent in writting before they are twenty five years of age then the survivor or survivors shall take such child’s part. Item III. I give and devise unto S. H. Isler Jr. and his heirs all my property in the City of Goldsboro and all my property in Wayne County, in special trust and confidence, however, that he hold the same for the sole use and benefit of S. H. Isler, Sr. [Should be Jr.] during his natural life, free from the liabilities now existing or any other liability hereinafter credited, remainder to Elizabeth W. Isler, Annie A. Isler, Barbara M. Hyle, Kate M. Isler, equally to them and their heirs forever free from all liabilities now existing or any liability hereafter created. The said Isler Jr. is vested with the power to sell any part or the whole or said premises and make title with the consent of the said Isler Sr. [Should be Jr.] and the proceeds of the sale of the above mentioned city lots and country property shall be invested for the sole use of said S. H. Isler Sr. [Should be Jr.] during his life, remainder to the said Elizabeth W. Isler, Annie A. Isler, Barbara M. Hyle and Kate M. Isler equally to them and their heirs forever, Provided that in case Kate M. Isler shall marry any person before she arrives at the age of twenty-five years without the written consent of her father the said S. H. Isler Sr. [should be Jr.] then in that event no part of this estate shall vest in her but the same shall be vested in her sisters as above mentioned; Provided all my debts, the inheritance tax and the expense of litigation shall be paid from this property, or from the proceeds of the sale thereof, in the City of Goldsboro and in Wayne County; Provided furthur in case the net proceeds of the sale exceed forty thousand dollars, then this surplus shall be equally divided between S. H. Isler, Jr., and S. E. Isler, to them and their heirs forever, but the same shall remain in the custody of the said S. H. Isler, Jr. until the said S. E. Isler shall become experienced and settled in business, when the said S. H. Isler Jr. may pay over the same to him, said S. E. Isler Item IV. I give and devise to S. H. Isler Jr. and his heirs the W. A. Cox place in Jones County fully described in a deed from W. A. Cox to Isaac Brown, dated the 25 day of Feburary 1867 and recorded in the Register’s office of Jones County in Book No. 23, page 475, also in a deed from John Pearse, Sheriff, to Stephen W. Isler, recorded in the Register’s office of Jones County in Book No. 24 page 319. Item V. I give and devise to S. H. Isler Jr. the place in Jones County known as the Lane Place described in a deed from Thomas E. Pritchett Sheriff to Stephen W. Isler and in a deed from John Pearce Sheriff to Stephen W. Isler recorded in the Register’s office of Jones County Book No 24 page 322 also in Book [faded might be 26] page [blank] Item VI. I give and devise to S. H. Isler Jr. my plantation in Jones County, known as the Lyons Pasture plantation specifically described in the division of the Weatherspoon heirs as the part allotted to Marriah Nash, recorded in Register’s office of Jones County in Book No. [blank] page [blank] unto said S. H. Isler, Jr and his heirs in special trust and confidence, however, that he hold the same for the sole use and benefit of S. E. Isler, during his life remainder to the children of said S. E. Isler and their heirs, free from the debts and liabilities now existing or any that may be hereafter credited for the sole use and benefit of S. E. Isler during his natural life, remainder to the children of said S. E. Isler and their heirs forever, provided that no child or children of the said S. E. Isler shall be entitled to any part of the estate set forth in this item or the proceeds of the sale thereof who marries any person without the written consent of said S. E. Isler before such child arrives at the age of twenty five years. In case any child or children shall marry before such child or children shall arrive at the age of twenty five years, then the survivor or survivors shall take such childs part In case any child shall die without children then the survivor or survivors shall take such child’s part. Item VII. I give and devise all other property I own, rights of action, real property, personal property, or any other kind of property of every nature and character whatever to S. H. Isler, Jr., and his heirs and successors. See deed from L. P. Wright to Isaac Brown, recorded in the Register’s office of Jones County, Book 24 page 526 and 527. I hereby constitute and appoint my trusty friend and relative S. H. Isler Jr., my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every clause thereof, hereby revoking and declaring void all other wills and testaments by me hereafore made. In witness whereof I, the said Stephen W. Isler do hereunto set my hand and seal this the 20th day of August, 1908 Stephen W. Isler (seal) Signed, sealed, published and delivered by the said Stephen W. Isler to be his last will and testament in the presence of us, and in the presence of each other, we do subscribe our names as witness thereto Fred A. Whitaker V. E. Weyher State of North Carolina Lenoir County, } S.S. In the Superior Court A paper proporting to be the last will and testament of Stephen W. Isler deceased is exhibited before me, the undersigned, Clerk of the Superoior Court, for said County, by S. H. Isler Jr. the executor therein mentioned and the due execution thereof by the said Stephen W. Isler is proven by the oath and examination of Fred A. Whitaker and V. E. Weyher the subscribing witness thereto, who being duly sworn, doth depose and say and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown here, purporting to be the last will and testament of Stephen W. Isler, that the said Stephen W. Isler 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 20th day of August 1908. And this deponent further saith, that the said Stephen W. Isler, the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attending 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 said last will as afresaid and at the time of the deponent’s subscribing his name as an attesting witness thereto as aforesaid, the said Stephen W. Isler 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 this deponent: and furthur these deponents say not. Fred A. Whitaker V. E. Weyher Severally Sworn and subscribed, this 1st day of January, 1912 before me Plato Collons Clerk Superior Court North Carolina Lenoir County { SS In the Superior Court It is therefor considered and adjudged by the Court, that the said paper-writing and every part thereof is the last Will and Testament of Stephen W. Isler deceased. Let the said Will, together with the probate be recorded and filed This 1st day of January, 1912 Plato Collins Clerk Superior Court. State of North Carolina, Lenoir County I, Stephen W. Isler of said county and State make this codicil to my last Will and Testament published by me and dated the 20th day of August 1908, which I ratify and confirm except, as the same shall be changed hereby, Whereas by my Will above mentioned, I gave and devised to my nephew a certain real and personal property in trust as appears by the item of said will in trust for S.E. Isler and whereas the name of the said S. E. Isler was improperly inserted for the name of L.E. Isler, I now therefore hereby revoke all benefits conferred by said will upon S. E. Isler, and confer the same to my nephew L. E. Isler and devise the real and personal benefits conferred on the said S. E. Isler to my nephew L. E. Isler as set forth in said Will (sealed) Stephen W. Isler Signed, sealed, published and declared by the said, Stephen W. Isler to be his last Will and codicil to his last will and testament in our presence and we, in his presence and in the presence of each other, have at his request hereunto subscribed our names as witnesses. W. D. LaRogue Jr. G. H. Herring State of North Carolina, Lenoir County } SS. In the Superior Court A paper purporting to be a codicil to the last will and testament of Stephen W. Isler deceased, is exhibited before me, the undersigned, clerk of the Superior Court for said County by S. H. Isler Jr., the executor to the will and the due execution by the said Stephen W. Isler, is proven by the oath and examination of W, D. LaRogue Jr. and G. H. Herring, the subscribing witnesses thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him, purporting to be a codicil to the last will and testament of Stephen W. Isler; that the said Stephen W. Isler 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 - day of - And this deponent further saith, that the said Stephen W. Isler, the testator aforesaid, did at the time of subscribing his name as aforesaid declare the said paper-writing so subscribed by him and exhibited to be a codicil to his last will and testament, and this deponent did thereupon subscribe his name at the end of said codicil to his will as an attesting witnesses 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 said last codicil to his will as aforesaid and at the time of the deponent’s subscribing his name as an attesting witness thereto, as aforesaid, the said Stephen W. Isler was of sound mind and memory, of full age to execute a codicil or a will and was not under any any [sic] restraint to the knowledge, information or belief of this deponent, and further these deponents say not. W. D. LaRogue Jr. G. H. Herring Severally sworn and subscribed this 1st day of January 1912, before me Plato Collins Clerk Superior Court North Carolina, Lenoir County { SS. In the Superior Court It is therefore considered and adjudged by the Court that the said paper-writing and every part thereof is the Codicil to the last Will and Testament of Stephen W. Isler deceased. Let the said Codicil to said Will, together with the probate be recorded and filed Plato Collins Clerk Superior Court North Carolina, Lenoir County. } In the Superior Court I, Plato Collins, Clerk of the Superior Court of Lenoir County, North Carolina, hereby certify that the foregoing are true and perfect copies of the last will and testament of Stephen W. Isler, deceased, the Codicil to said last Will, the examination of witnesses as to the execution of said will, the examination of witnesses as to the exicution of said Codicil, the probate of said last will and testament of Stephen W. Isler deceased, and the probate of said Codicil to the said last Will and Testament of said Stephen W. Isler deceased, That said Will and Codicil were filed and admitted to probate in said office on the 1st day of January, 1912, and recorded in Record of Wills Book “C” pages 31 to 39 both inclusive Witness my hand and official seal this 4th day of January, 1912 Plato Collins Clerk of Superior Court of Lenoir County, N. C. North Carolina, Jones County } In the Superior Court The foregoing will and codicil thereto and proofs thereof together with the certificate of Plato Collins Clerk Superior Court of Lenoir County with his official seal attached, having been exhibited before me, are adjudged correct Let the said Will and codicil and proofs thereof with the certificates be recorded This Jan. 5th 1912 JB Collins C.S.C. Located by Mary Dail Harrison Transcribed by Sharon Dail Normark ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Sharon Normark ___________________________________________________________________