LINCOLN COUNTY, NC - WILLS - Daniel Hallman - 1888, 1889, 1890 --------------¤¤¤¤¤¤-------------- The Wills, Codicil, and Probate Record of Daniel Hallman (1803-1891) I. First Will In the name of God, Amen. I, Dan'l Hallman, being of sound mind and memory do hereby make and declare this to be my last will and testament in manner and form following; that is to say: 1st I will and bequ that my funeral expenses be paid together with all my lawful debts out of the first money that may come into my executor's hands. 2nd I will that my executor after my death sell my home place, which lies on the Island ford road at the six mile post, just below Mathew Church, at public auction after having given twenty days notice; and after my just debts are paid, the proceeds of said sale to equally divided the children of my first wife, and I will that the illegitimate child of my daughter Vilecta shall share equally with the rest of her children if Vilecta shall die before I do. 3rd I will that my land known as the Carpenter land, be equally divided between daughter Francis now Mrs. Fisher and my daughter Margart now Mrs. Hartzoge, the division line shall commence on a line of my home met and run to a line known as the Michal Finger line so as to equally divide the Plantation. My daughter Francis is to hold her part for the term of her natural life and if she die before her husband, then to him for his life, and then it shall go back to my heirs. My daughter Margart now Mrs. Hartzoge to hold her part for her life and at her death her share to go to her heirs. 4 I hereby appoint David Fisher my true and lawful executor to carry out the provisions of this my last will and testament. Done in the presence of us at his request and in his presence herein to set our hands this (about) June 1888 his Dan'l (X) Hallman mark Witness J.R. Blackburn S.L. Blackburn II. Final Will State of North Carolina Lincoln County I Daniel Hallman of the County of Lincoln and State of North Carolina Being of Sound mind and memory and Considering the unsertainty of any Earthly Existence do make and declare this my last will and testament in manor and form following that is to Say, 1st I will and bequeath to my daughter Margart Hartscoe wife of Sylvanus Hartscoe, and to her childrin five acres of land including the buildings and all the improvements thereon including Spring Orchads, ware Shop etc, and at my death the said five acres and improvements to be valued by three disinterested men to be chosen by her and my Executor and the value of the same to be deducted out of her Shear of my Estate 2nd I will that all the remainder of my lands and personal belonging to my estate be sold by Executor at public sale for cash and after Paying my Burial and funeral Expenses together with all my Just debts. The remainder of my estate to be equally divided Between all my hirs, namley, To Helen Sains Hirs her Shear and Michal Hallmans Heirs his Shear. To Myria Sain, Andrew Hallman, Philector Houser, Catharine Ware Able Hallman Emeline Hartscoe, and Francis Fisher, and Margart Hartscoe after deducting from Margart Hartscoe Shear the value of the premise heretofore mentioned and willed to her and her children 3rd And[Crossed out] I will that the one taken care and bording me during the remainder of my life Shall be Paid by Executor twelve dollars and fifty cents per month from this date out of my Estate 4th I will that if Catharine Ware or Francis Fisher Should die before my death and without any living Children, there Shears Shall be Equally divided between all my other hirs 5th I do hereby constitute and appoint my Trusty freind Jacob Cooks Executor to this my last will and testament to the true intent and meaning of the same. 6th and Lastly I hereby revok all former wills and Testaments heretofore made by me Witness my hand & seal the 24th day of June 1889 his Daniel X Hallman Seal mark Signed & sealed in Presents of us P. Carpenter P. M. Houser III. Codicil State of North Carolina County of Lincoln I Daniel Hallman being of Sound mind and memory do make publish and declare this a codicil to my last will and testament made by me on the 24th day of June 1889 in item 5th I hereby revoke and make voide the appointment of Jacob Crooks Esq my Executor and Appoint in his stead Henry Houser Esq.to Execute my last will and testament to the True meaning and intent of the same Witnefs my hand and seal this 18th day of April 1890 his Daniel X Hallman Seal mark Signed and sealed in the presents of [Ink blot] Philip Carpenter P.M. Houser IV. Probate In the matter of Probate of Last Will & Testament of Daniel Halman deceased In Superior Court, Lincoln County. Before C.E. Childs Probate Judge Andrew Hallman being duly sworn says: That Daniel Hallman late of Lincoln County is dead leaving a last will and testament and also a codicil to the same both of which were duly executed by him; That Henry Houser esq., is the proper executor of the same and is the proper person to exhibit same for probate but that said executor refuses to act as such executor and renounces his office of executorship by a writing under his hand duly exhibited before Probate Court this day; That affiant is a legatee and devisee in said will, and exhibits same in p[Crossed out] Probate Court and respectfully asks that same be admitted to probate and be recorded in accordance with law. That the value of personal property of said Daniel Hallman is about $20.00 dollars and the value of the real estate is about $1000.00 dollars That Margaret Hartzoge and her children, Wesley Sain, Logan Sain, Francis Houser wife of Sidney Houser, Adolphus Sain, Isabella Shull wife of David Shull, Myra[Crossed out], heirs of Ellen Sain, heirs of Michael Hallman as follows O.W. Hallman, Junia, Jas. Sidney probably a minor, Burton a minor, all residents of Lincoln County, Myra Sain, Andrew Hallman, Phylectra Houser, Catherine Ware, Abel Hallman, Emiline Hartzoge, Margaret Hartzoge, Francis Fisher, all above living in Lincoln County except Catherine Ware and Emiline Hartzoge who live in Cleveland County, are the legatees and devisees in said will and the proper persons entitled to the estate of said Daniel Hallman. Andrew Hallman Sworn and subscribed to before me this 20th day of January 1891. C.E. Childs Clerk of Superior Court ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: J.E. Williams jxwilliams@earthlink.net ___________________________________________________________________