MACON CO., NC - WILLS - Will and Probate of the Estate of Miles H. Pendergrass, 1873 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Dawn Watson booleygirl@aol.com ==================================================================== Will Book B, pp. 18-20 Court of Probate, Macon County [NC] M. H. Pendergrass I Miles H. Pendergrass of Macon County North Carolina, being of sound mind and memory, but conscious of my earthly existence do make and declare this my last will and testament in manner and form following viz: 1st That my executor hereinafter to be named shall at my death provide for my burial suitably to the wishes of relations and friends and also pay all my just debts whatsoever and to whomsoever due out of the first monies that may come into his hands as part & parcel of my estate and also pay all necessary funeral expenses Item I give and bequeath to my beloved wife Mary Pendergrass all my lands during her natural life, except the following land which my daughter Margaret R. Love is to have, viz: Beginning on a small white walnut tree on the bank of the Rocky Cove branch, near the old house place where my son John formerly lived, and to run in a south direction through the field by a Peach tree, to the ford of the branch to a large white oak standing on the point of the ridge about ten steps of the road as you go from my house over the ridge to John Cloer's and then to the branch about ten steps from said white oak tree, and then up the said branch to Cloer's line, and with Cloer's line to J. A. Baldwin's line, and then with Baldwin's line in a North direction till you come opposite to where I cut a large white oak tree to make a cane mill and to [near?] from said tree up the said branch to the beginning, said described land is to belong to my Daughter Margaret R. Love - and all my other lands are included in this will to my wife, I also give to my wife Mary Pendergrass all my Horses and cattle and other stock at my death to her use during her natural life and at her death all of my said property to go to the use [of] my Daughters Adalade, California, Roxana and Lasaphine at the death of my wife except as herein after provided. Item I give and bequeath to daughters Martha Baldwin, Mary Matilda Lunsford, Betty Gribble, Susan Lunsford, Louisa Abernathey and my son John Pendergrass five Dollars each, to be paid out of my estate at my death. Item I give and bequeath to my daughter Margaret R. Love the above excepted land during her natural life time and at her death to the lawful heirs of her body, and in case she should die, having no children said land to revert to my four youngest daughters or their lawful heirs but in case she should die and leave minor heirs said lands to be sold to the best advantage and put on interest for their benefit when they become of age. I also give & bequeath to said Margaret R. Love, one good Cow & calf, three head of sheep, one bed & furniture and in case she die said property to be disposed of in the same manner as provided above in regard to the land given to her. Item I give and bequeath at the death of my wife to my Daughter Roxana a certain peice of land known as the shingle flat lying west of the land given to my Daughter Margaret R. Love, and to near from the white walnut tree (M. R. Love) beginning corner with the Rickey Cove Branch to the line of No. 43 and thence south with N. J. Cloer's line about 40 paces and thence west to the corner of Margaret R. Love land and thence with Margaret's line back to the beginning Item I give to my Daughters Adalade and California at the death of my wife 50 acres of land known as No. 43 to be equally divided between them, said land laying in the Rockey Cove and Laying west of my Daughter Roxana's lands. Item I give and bequeath to my youngest Daughter Lasaphine the lands on which I now live known as my home place which includes all of my lands, not included in the above described Items which she is to have at the death of my wife. Item I appoint Albert Siler to be my lawful Executor to carry out the above will according to the spirit and Items included in the same. This June 4th 1873. his Miles x Pendergrass mark Witness: W. H. Roane, H. Battle The execution of the above paper writing purported to be the last will & testament of Miles H. Pendergrass, Decd. is this day duly proven before the undersigned by the oath & examination of W. H. Roane & H. Battle the subscribing witnesses [thereto?]. The said paper writing and any part thereof is adjudged and declared to be the alst Will & testament of said Miles H. Pendergrass, and the same is ordered to be registered. September 29th 1873 W. N. Allman Judge of Probate Court Record of Appointments, Book 1, Macon Co., NC, page 50 Macon County Court of Probate In the matter of } Application by Albert Siler the Will of } for Probate M. H. Pendergrass } Decd. } A paper writing purporting to be the last will & Testament of M. H. Pendergrass, Deceased, is exhibited before the undersigned, Judge of Probate Court for said County, by Albert Siler, the executor therein named, and the due execution thereof, by the said M. H. Pendergrass, is proven by the oath and examination of W. H. Roane and H. Battle, the subscribing witnesses thereto duly proven. It is therefore adjudged that the said paper writing, purporting to be the last Will & Testament of M. H. Pendergrass is his act and deed, and is hereby declared to be the last Will & Testament of the said M. H. Pendergrass. Albert Siler is thereupon duly qualified as Executor, Letters Testamentary issued. This the 29th September 1873 W. N. Allman Judge Probate Court Record of Accounts, Book A, Macon Co., NC, page 172 Macon County Court of Probate The following is a statement of the property owned by Miles Pendegrass deceased, at the time of his death 230 acres of land - 3 Head Horses - 1 yearling Mule - 14 Head cattle - 56 Hogs - 4 Bu. [Grains?] - House hold and kitchen furniture - Farming implements The personal property being of a perishable nature and [devised?] to the widow is now in her possession. December 27th 1873 (Signed) Albert Siler, Executor Miles Pendergrass, Decd. To W. N. Allman Judge of Probate for Macon County, the undersigned respectfully asks leave to repost that he has not received anything from the estate of Miles Pendergrass, decd. Since the return of his Inventory - March 4th 1875 (Signed) Albert Siler, Executor