MECKLENBURG COUNTY, NC - WILLS - David Henderson Will - 1879 ************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. This file was contributed for use in the USGenWeb Archives by: Carol McClellan-Ohlweiler TOMOHL@prodigy.net *************************************************************** North Carolina SS. Mecklenburg County I John R. Erwin Clerk Superior Court & Probate Judge in and for the County and State aforesaid do hereby certify that the foregoing is a true and perfect copy of the last will and testament of David Henderson as recorded in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Charlotte this December 6 th A.D. 1879. John R. Erwin Clerk of Superior Court & Probate Judge 1 of 3 State of North Carolina Mecklenburg County I David Henderson of the County and State aforesaid, sensible of the sudden approach of death, and being of sound mind and disposing mind and memory, do make and publish this as my last will and testament hereby revoking any former will or testament made by me. Item I. I desire my executor to pay all my debts and funeral expenses out of my personal estate as soon as convenient. Item II. I devise to my beloved wife the tract of land where I now reside and five acres of the old plantation tract herein devised to my son Isaac to be cut off by the County surveyor from the East side of said tract so as to embraced the spring and branch thereon to afford water for home tract to be held and enjoyed by her during her life and after her death I devise all said lands to my son Charles. I further will and bequeath to my wife all my horses, cattle & other live stock, agricultural implements & household and kitchen furniture for and during her life and at her death I will and bequeath all said personal property to my son Charles. I further bequeath to my wife absolutely the sum of One Thousand Dollars, to be paid over to her by my Executor out of such funds as shall come into his hands. Item III. I further will and bequeath to my son Charles all my stock in the Merchants and Farmers National Bank & Traders National Bank of Charlotte, N.C., in trust to pay over the dividends which my be declared from time to time on said stock to my wife, except the sum of Thirty Dollars per annum which he may retain for himself during the life of his mother and after her death I will and bequeath ten shares of said Bank Stock to my son Charles, The other fifteen shares will be herein after disposed of. IV. I devise to my son Miranda Henderson and his heirs the tract of land whereon he now lives except Thirty acres thereof lying on the side next to the Mean’s place to be cut off as hereinafter directed for my son, Thomas Edwin to hold the said land in trust for his children now living and such as may hereafter be born and their heirs. Item V. I devise to my son Thomas Edwin and his heirs the house and lot in the City of Charlotte on Tryon Street adjoining Mrs. F. W. Ahrens and the Cruse property and Thirty acres of the tract of land now in possession of Miranda Henderson to be cut off by the County surveyor from that part of the land lying next to the Mean’s place. VI. I have already provided for my daughter Laura by conveying to her and her heirs a house and lot in the City of Charlotte. VII. I have also conveyed to my daughter Lilly L. Neal certain real estate in the City of Charlotte. The value of which I desire should be ascertained as of the date of my death by disinterested persons one to be selected by my executor and one by said Lilly L. and a third to be called in by said persons agree. And if the said appraisers shall fix the value of said lots at less than Two Thousand Dollars I desire and direct my Executor to pay to said Lilly L. Neal out of any funds which may come into his hands a sum sufficient to make her share of the value of Two Thousand Dollars. 2 of 3 VIII. I devise to my daughter Susan M. the house and lot in Smithville near the Rail Road track, and if the value of the same as of the date of my death, to be ascertained by appraisers to be selected by said executor and Susan M. as was provided in the case of Lilly L. Neal, shall be less than Two Thousand Dollars then I desire and direct my executor to pay her out of any funds which shall come into his hands a sufficient sum to make her share of the value of Two Thousand Dollars. IX. I devise to my son Isaac and his heirs my old plantation adjoining the home tract except the five acres heretofore devised to my wife and my son Charles. X. If there be any residue after the payment of costs and charges of administration and the legacies herein specified, I desire and direct that it shall be divided equally between my children Susan M., Thomas Edwin, Laura Ahrens and Lilly Neal. In case there shall not be sufficient fund realized to pay the legacies herein provided for I desire and direct that my Executor shall sell so much of the National Bank stock undisposed of as shall suffice to make good the said legacies. XI. I approve my son Thomas Edwin sole executor of this my last will and testament. In witness whereof I David Henderson have hereunto set my hand and seal this the 30 th day of January 1879. Signature of David Henderson as David Henderson (Seal) Signed in the presence of R. D. Johnston C. H. Deels Transcribed from the original will by Carol Sutherland McCellan-Ohlweiler June 11, 1998 3 of 3