Lenoir County, NC - Will of Richard West King, 1883 ~~~~~~~~~~~~~~~~~~~~~~~~ KING WILL WILL OF RICHARD WEST KING, submitted by Wilbur King from research of Susan Moody. Transcribed and abstracted by Martha Mewborn Marble State of North Carolina, Lenoir County Before W. W. Dunn, the Clerk of the Superior Court of the said County and ex officio Judge of Probate. Two certain paper writings purporting to be the last will and testament of R. W. King, dec’d, and a codicil thereto, which are in words and figures following to wit: I Richard W. King of the town of Kinston, County of Lenoir and State of North Carolina, being of sound mind and disposing memory, never the less being mindful of the uncertainty of human life, do hereby make, publish and declare this to be my last will and testament hereby expressly cancelling and revoking all former wills and testaments of whatsoever kind or nature by me at any time heretofore made published and declared in manner and form following: Item 1st. It is my will and desire that my executors hereinafter named shall provide for my body and erect a suitable tombstone over my remains and I desire that my body shall be buried in the grave lot which I now own near the town of Kinston and that said Executors shall erect a substantial brick wall or a suitable iron fence around the grave lot, which I now own near the Kinston Cemetery for whites, immediately after my burial, and pay the expenses of my burial and of the erection of said wall out of the first money that may come into their hands. Item 2nd. It is my will and desire that my executors immediately after my death pay all of my just debts, if any such therebe. Item 3rd. I give, revise and bequeath to my beloved wife Susan King one third part in value of all my real estate, as her dower, to be held by her during the term of her natural life to be allotted to her according to law by my Executors. Item 4th. I give devise and bequeath to my beloved wife Susan King one half of all of my personal property to be allotted to her by my executors according to law. Item 5th. It is my will and desire that my executors lay off and allot to my beloved wife Susan King her year’s allowance, as my widow, according to law. Item 6th. I give, devise, and bequeath to my beloved wife Susan King the two mules now on my lot in Kinston, named Jack and Jim as her sole and absolute property. Item 7th. I give to my cousin Kate Brown the sum of Fifteen Hundred Dollars ($1500) in cash to be paid her by my Executors; and I also loan her during the term of her natural life, lot Number Seventy-eight (78) in the plan of the town of Kinston, and at her death I give, devise and bequeath said lot to William Hunter his heirs and assigns in fee simple Item 8th. I loan to my niece Sophie C. West, the lot in the town of Kinston on which she now resides, the same being known and designated in the plan of said town as lot number one hundred and five (105) during the term of her natural life and after her death I give, devise, and bequeath said lot to her daughter Tiffany West and her heirs in fee simple Item 9th. I give, devise and bequeath to Tiffany West my piano. Item 10th. I give and bequeath to Susan and Thomas, children of Wm. W. N. Hunter, and Ada Hunter One Thousand Dollars to be equally divided between them. Item 11th. I loan to Richard Taylor, son of Mary Taylor, a tract of land, lying on South West Creek, adjoining the lands of Sally Grady, H. H. Edwards and others containing Two Hundred and Forty (240) acres more or less, being the same land which I purchased of Jesse Alphin by deed by deed bearing date the 7th day of December, AD 1863, during the term of his natural life, and if he leaves heirs of his body, him surviving, to said heirs in fee simple; but in case of the failure of the heirs of his body at his death, then I give, devise and bequeath said tract of land to the children of Mrs. Mary Ann Hunter and Mrs. Sophie C. West to be equally divided between each set of chidlren. Item 12th. I give to Antony Davis in trust for the said Richard Taylor the sum of Five Hundred Dollars to be paid by the said Richard Taylor upon his attaining the age of Twenty one; and I hereby authorize and empower said trustee to use said money or so much thereof as may be necessary for the education of said Richard Taylor, at any time and pay over only the balance hereof remaining to the said Richard Taylor; should the said Taylor die before he attains the age of twenty one, leaving no heirs of his body, any balance of said money remaining in the hands of said trustee shall be equally divided between the children of Mrs. Mary Ann Hunter and Sophie C. West – one half to the children of each, but if the said Richard Taylor leave heirs of his body, such heirs shall be entitled to receive said money or the amount thereof unpaid as their absolute property. Item 13th. I give devise and bequeath to James Young and Elizabeth Young the children of Eliza Young the sum of Two Hundred Dollars ($200) each to be paid them by my executors. Item 14th. I give to each of my two nieces Mary Ann Hunter and Sophia C. West the sum of One Thousand Dollars ($1000) each to be paid them by my executors. Item 15th. I give devise and bequeath to William Hunter, Ada Hunter and Nora Hunter children of Mary Ann Hunter and Horace West, Tiffany West and Richard West children of Sophie C. West to be divided amongst them share and share alike and if any of said children shall die his or her share to go her brothers and sisters surviving, the following tracts or parcels of land viz: Two tracts of land, one lying East and the other south of the town Kinston, one known as the Home plantation and the other as the Stubbs land, and one acre known as the Quinn Land including three eights of an acre more or less, known as the Bond place, also part of an acre known as the Brown place which I purchased of John W. Collins; also one half of an acre lying on South Street formally owned by Charles Phillips and wife; also two small pieces joining the Home Plantation one piece purchased of A. R. Miller and the other of John F. Wooten including a small piece purchased of John W. Collins adjoining the same; one half acre in the old Town of Kinston and left out by the new charter of said town, known as the Washington old store lot; also a small piece purchased of Walter Dunn, about seven and three fourths acres, joining part of old plantation; also Four Hundred and eleven acres more or less lying on the Kinston and Snow Hill Road about two and one half miles from Kinston, known as the Tull lands; also all town lots owned by me in the Town of Kinston being No’s 57. 58. 59. 60 & 135 in the plan of said City, all of the above land being in Kinston township; one town lot and improvements in the Town of New Berne County of Craven and State of North Carolina Known as the Merchants Bank Lot, being Lot No 56 in the plan of said Town; also 200 acres of land in Vance Township in Lenoir County North Carolina known as the excess of Henderson Loftin’s Homestead (being more or less than 200 acres): also the Wm. Gray land in Lenoir Institute Township in Lenoir County containing 296 acres, more or less, also 1221 acres more or less in said Township known as the Richard Hill lands; also 400 acres more or less, in Woodington Township Lenoir County, known as the Waller land, also all the real estate owned by me in the State of North Carolina or elsewhere or that may come to me. Provided however, that my executors shall first lay off the one third of my lands heretofore given my wife Susan King as her dower before any of said real estate shall rest in said legatees, and after the death of my wife Susan King the property given her as dower shall be divided among said legatees or devisees herein named, all of said property shall go to said devisees named above and their heirs in fee simple forever. Item 16th. I give devise and bequeath to William Hunter, Ada Hunter and Nora Hunter, children of Mary Ann Hunter and to Horace West, Tiffany West and Richard West, children of Sophia C. West to be divided amongst them share and share alike any if any of said children shall die his or her share to go to her brothers or sisters surviving all the rest and residue of my personal estate after the payment of the legacies above given to be their absolute property. Item 17. I hereby nominate and appoint my trusty friends, Anthony Davis and William Hunter Executors to this my last will and testament, and also trustees in all cases heretofore mentioned to all intents and purposes to execute this my last will and testament according to the true intent thereof and the meaning of the same and every clause thereof. In testimony where I have hereunto set my hand and seal this 18th day of August AD 1880. Richard W. King Signed, sealed, published and declared by the said Richard W. King to be his last will and testament in presence of us, who at his request and in his presence, and in the presence of each other, do subscribe our names as witnesses thereto H. C. Hyatt Elisha Grady Wm. E. Clark I, Richard W. King, of the town of Kinston, County of Lenoir and State of North Carolina having made my last will and testament bearing date the 18th day of August AD 1880, now being of sound mind and disposing memory do make this codicil to be taken as a part of the same. First, I hereby ratify and confirm said will in every respect save so far as any part of it is inconsistent with this codicil and wheresoever the same shall conflict with the provisions of this codicil said will is hereby revoked. Second. I hereby revoke the gift contained in the ninth (9th) Item of said will whereby I devised and bequeathed my piano to Tiffany West and I hereby give devise and bequeath said piano to my wife Susan King. Third. I give devise and bequeath to my wife Susan King my gray mare named: Nelly” Fourth. It is my will desire if I should have an heir born of my said wife Susan King that all gifts, legacies, and devises given to William Hunter, Ada Hunter, and Nora Hunter children of Mary Ann Hunter and to Horace West, Tiffany West and Richard West children of Sophie C. West, shall be and the same are all hereby expressly revoked and said property shall all go to my heirs born of the body of my wife, Susan King; But I desire that the loan to my niece Sophie C. West of lot number one hundred and five (105) in the town of Kinston, whereon she now lives, during her life, shall in any event, remain unchanged, but I revoke the bequest to Tiffany West of the remainder in said lot in case of the birth of a children or children of Susan King. Fifth. Whereas, by my said will I have nominated and appointed William Hunter to be one of the Trustees and Executors thereof, Now I hereby revoke the appointment of the said William Hunter as trustee and Executor of my said Will, and I hereby nominate and appoint Albert G.?? Hubbard of the City of New Berne, County of Craven and State of North Carolina to be a trustee and Executor of my said will in the place of the said William Hunter. And I declare that my said will shall be construed and take effect as the name of the said Albert G. Hubbard were inserted in said will throughout instead of the name of William Hunter. And in all other respects I confirm my said Will. R. W. King Subscribed by the testator in the presence of each of us and at the same time declared by him to us to be his last will and testament thereupon at the request of the testator, we signed our names hereto as witnesses this 27th day of Oct. 1881 H. O. Hyatt E. Grady Wm. E. Clark Were on the 10th day of March 1883 propounded for probate in open court by Anthony Davis one of the Executors therein named and the said paper writings were on said day duly admitted to probate and the said Anthony Davis was duly qualified. END OF DOCUMENT North Carolina, Lenoir County Superior Court, March 15, 1883 COMPLAINT FOR DOWER Anthony Davis, Exr of R. W. King, dec, Susan King, Sophia C. West, Kate Brown, Tiffany West, Horace West, William Hunter, Leon Albritton and wife Nora Albritton, Frank W. Smith and wife Ada Smith vs Richard B. West & Richard Taylor alias Richard King – minors under age of 21 without Guardian. Plaintiffs allege 1/3 of the estate in value was to go to the widow, Susan King, as her dower. The real estate consisted of the following: NOTE: This is repeated because of additional details in the location of the land 1. Lot #78 in the plan of the town of Kinston now occupied by one Edwards 2. One other lot in the town of Kinston No 105, now occupied by Mrs. Sophia C. West 3. One tract of land in Woodington Township lying on South West Creek, adjoining the lands of Sallie Grady, H. A. Edwards, containing 240 acres 4. One tract of land known as the Stubbs land containing 410 acres 5. One tract of land Kinston near the railroad & Yakin branch containing ____ acres known as the home plantation 6. One acre known as the Quinn land, including 3/8 of acre known as the Bond place 7. Part of an acre known as the Brown place purchased from J. W. Collins 8. One half acre lying on South Street formerly owned by Chas. Phillips & wife 9. Two small pieces of land adjoining the home plantation, one piece purchased of A. R. Miller & other from Jno. F. Wooten including a small piece purchased of Jno. W. Collins adj the same 10. One half acre in the plan of the said town of Kinston known as the old Washington store lot 11. One piece purchased of Walter Dunn about 7 ¾ acres forming a part of the old plantation 12. One tract lying on the Snow Hill Road known as the Tull lands containing 411 acres. 13. Also the town lots lying in Kinston, Nos 57, 58, 59, 60 & 135 14. One town lot and improvements in the town of Newbern, county of Craven, as the Merchants bank lot, being #56 in the plan of said town 15. 200 acres in Vance Township, Lenoir Co known as the excess of Henderson Loftin’s homestead 16. Also 400 acres in Woodington known as the Waller land 17. One tract on the SS of South West Creek known as the Robt. Daily place containing 130 acres 18. One lot purchased from Thomas Cox & wife in Kinston – part of the Sarah Hunter lot 19. One small piece on the Neuse near Kinston known as the “Wash” at the junction of King and Heritage Street The tax valuation of the said lands lying in Lenoir County containing 2826 acres and 6 or 7 town lots is $19250 and the tax valuation of the lot in New Berne is about 4000. Richard Taylor alias Richard King and Richard B. West are minors with no guardian – Taylor lives with the widow Susan King in Kinston and West lives with his mother Sophia C. West in Kinston. Sheriff to summon 12 qualified people to serve as jurors to allot the dower to the widow. A. J. Loftin and M. A. Gray were Atty’s for the Plffs. On 12 March 1883, the executor, Davis was given permission to divide the estate. On the 24 March 1883, Richard King the only heir said the writing was not that of Richard W. King (part of this is missing). A jury was to decide. On the same day the executor Anthony Davis was instructed not to proceed with distribution of the estate. On the same day Guilford Johnson was appointed as guardian for Richard King and W. C. Fields as guardian to Richard B. West. On May 1, 1885 disbursements were to be made from the estate as everything appeared to be in order. Heirs to receive Widow, Susan King - $13,868.09 Sum of $1543.04 due to the following Wm Hunter, Ada Smith, Nora Albritton children of Mary Ann Hunter; Horace West, Tiffany West and R. B. West children of Sophia C. West Kate Brown to receive $1579.14 Mary Ann Hunter and Sophie West - $1,000 Richard King - $588.30 Susan Hunter and Thomas Hunter by their guardian James K. Davis - $500 Bettie Sellers and James Young - $200 NOTE: The estate of Richard West King was contested and eventually ended up in the NC Supreme Court. Details on the case will be abstracted and posted in the future. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________