Hipp Family Wills ************************************************************************ File contributed for use in the USGenWeb Archives by: Donna J. Johnson - bounty@charlotte.infi.net USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ************************************************************************ Last Will and Testament of Stephen Hipp, Sr. Mecklenburg County Will Book C, page 140 In the name of God, Amen. I Stephen Hipp of the State of No Carolina & County of Mecklenburg being in good Health & sound mind & memory blessed be God for all his mercies, and calling to mind the mortality of my Body & that it is appointed once for all men to die, Do make this my Last Will & Testament in manner & form following viz first of all I recommend my body to the Earth from whence it was taken & my soul to God who gave it me nothing doubting but I shall receive the same again at the General Resurrection by the mighty power of my Lord & Saviour Jesus Christ & First I order that all my lawful Debts be paid & fully discharged and I will & bequeath unto my well beloved wife Ann & my well beloved son Andrew one hundred acres of Land whereon I now live together with all my household furniture and at the death of my well beloved wife Ann the said land & furniture shall be the only sole property of my son Andrew Hipp. I will and bequeath unto my well beloved son Stephen Hipp the sum of five shillings. I will & bequeath unto my well beloved sons John, George, Joseph & Jacob Hipp all the remaining part of my Land to be Equally Divided between them at their discretion, that each of my said sons John, George, Joseph & Jacob (at my death) shall pay or cause to be paid unto my Well beloved son Valentine Hipp the sum of Five pounds each - And for the true Execution of this my Last Will & Testament I nominate & appoint my well beloved Friends & neighbours George Elliot & John Long to be my Executors. In Witness where of I have hereunto set my hand & affixed my seal this 25th day of August & in the year of our Lord 1781. Signed, Sealed, pronounced & declared as my Last Will & Testament in the presence of - - - - - Richard Barry Archibald Gordon Andrew Barry Stephen Hipp {seal} Probated during January 1782 session. 1787 April Session - Return of the Estate of Stephen Hipp The executors of Stephen Hipp, deceased To amount of sales of estate...................................L105.14.00 Cr by sundry payments as per vouchers filed........ 24.09.06 Balance in executors hands................................... L 81.04.06 * * * * * * * * * Last Will & Testament of Stephen Hipp, Jr. In the name of God Amen I Stephen Hipp of the County of Meckenburgh being of sound and perfect mind and memory, blessed be God, do this 25 day of December in the year of our Lord one thousand eight hundred and twenty six make and publish this my last will and testaments in manner following that is to say. First I allow my body to be decently buried at the descretion of my Executor. 2. I give and bequeath to my well beloved grandson John Johnston all my mechanical Tools of every description. I give and bequeath my bed and furniture to my beloved grandaughter Peggy R. Johnston whatever other property I may be possessed of at my death. I allow to be put to sale immediate after my decease by my Executor to defray my funeral expenses and if any remainder I allow it to be equally divided between my two grandchildren John Johnston and Peggy R. Johnston and I hereby make and ordain Thomas T. Johnson my executor of this my last will and testament. In Witness which I the said Stephen Hipp have to this my last will and testament set my hand and seal the day and year above written. Stephen Hipp Signed sealed and published and declared by the said Stephen Hipp the Testator as his last will and testament in the presence of us who were present at the time of signing and sealing there of. Test; Hill Johnson. Note: will submitted to the Court in February 1828 but it was not proven, possibly because of the low value of the estate. * * * * * * * * * * Last Will & Testament of Larkin A. Hipp Mecklenburg County Will Book M, page 462 Mecklenburg County = In the Superior Court Before J M Morrow Clerk. In the Matter of the Will of L. A. Hipp deceased W E & John A Hipp being sworn do the each say: That L. A. Hipp late of said County is dead, having first made and published his last Will and Testament and that W E. Hipp and Jno A Hipp are the Executors name therein Further that the property of the said L. A. Hipp Consisting of Certain tracts of Land specified in the said Will and Certain persona; stock farming tools & implements household & Kitchen Furniture & supplies which is worth about $300.00 so far as can be ascertained at the date of this application and that Amelia Hipp Jno A Hipp & Jno A Hipp Trustee for Hettie Irena Hipp and Hettie Irena Hipp minor without Guardian & W E Hipp all living near Iago post office in said County of Mecklenburg are the parties entitled under said to the said property Sworn and Subscribed before me} W E Hipp this 29th day May 1896 } L A Hipp North Carolina Mecklenburg County Will In the name of God Amen: I L. A. Hipp being of sound mind but considering the uncertainty of my earthly existence, do make publish and declare this to be my last Will and Testament. Item I I Will and devise that all my past debts shall be paid out of the first money coming into the hands of My Executors hereinafter named. That my body shall be given a decent burial, suitable to the wishes of my family, and that my Executors shall erect a monument to my memory. Item II That I will and bequeath and devise all my real and personal property of every class and kind and description to my wife Amelia Hipp for and during her natural life or widowhood and no longer. Item III That at the death of my wife or her marriage I will and devise all that tract or piece of Land adjoining the Lands of W. C. Dunn Jno W Henderson and others and Containing one hundred & seventy two acres and known as the "L A Hipp Home Place" and which he purchased from Ben Alexander and others and now containing as before mentioned one hundred & seventy two acres to Jno A Hipp and Jno A Hipp Trustee for Hettie Irena Hipp as tenants in Common and upon the following Conditions and trusts as follows to wit. One half of said Land including the house which the said Jno A Hipp now lives in and which he built to him and his heirs and assigns forever. the other half of the said Land including the "home place' where the said L A Hipp now resides to Jno A Hipp and his heirs and assigns in trust = to hold the same for the sole use and benefit of Hettie Irena Hipp free from the Control of her husband if she marry for and during her natural life with no power of disposing of same and at her death to her heirs, but if she should die leaving no heirs or if her children or heirs - that is lineal - descendants should die without leaving issue, then the said Land shall go to the heirs of L A Hipp. It is expressly willed that Jno A Hipp Trustee for Hettie Irena Hipp shall allow the said Hettie Irena Hipp to hold the actual possession of said Land if she so desires. The said Land is to be divided by two persons, one chosen by Jno A Hipp and the other by Hettie Irena Hipp and the two to chose a surveyor and the division made by them to be binding between the parties. Item IV That at the death of my wife or her marriage, I will and devise all that tract or piece of Land adjoining the Lands of Henry Grass, Caps Mine, and others, and known as the "Frazier Place" and where W E Hipp now resides, to W E Hipp and his heirs and assigns forever. Item V That at the death of my wife or her marriage I Will and devise all my right little and interest in and to those following tracts to wit:= That tract known as the "Rhyne Place" adjoining the widow Thompson Jno M Hipp and others containing twenty nine acres and that tract known as the "Price Place" adjoining the lands of Herry Grass W C Dunn and others Containing forty Acres to Larkin A Hipp to him and his heirs and assigns forever. Item VI That at the death of my wife or her marriage I will and devise all my right little and interest in and to that House and lot in Seversville NC adjoining the lots of Jim Sims & others and known as the "Messer Place" to Hettie Irena Hipp and her heirs and assigns forever. It is my express wish and desire that my wife during her life will allow the Land to remain among my Children and my grandson Larkin A Hipp as I now am doing, and only call on them for a reasonable share of her support and mantaniance. [sic] Item VII I will and devise that my personal property at the death of my wife or her marriage - she during her life or widowhood - to have the use and benefit of same: to go to my heirs share and share alike to them their executors or Administrators. Item VIII I will that W E Hipp and Jno A Hipp be the Executors of this my last Will and Testament signed sealed published and } declared to be my last Will and } L A Hipp Testament in our presence and in the } presence of L A Hipp whot at his } request signed the same as Witness } thereto } Geo E. Wilson } Herriot Clarkson } North Carolina } Mecklenburg County } In the Superior Court A paper purporting to be the last Will and Testament of L A Hipp deceased is exhibited before me the undersigned Clerk Superior Court for said County by W E Hipp and Jno A Hipp, the Executors therein mentioned and the due executors thereof by the said L A Hipp proved by the Oath and examination of Geo E. Wilson and Herriot Clarkson the Subscribed witnesses there to. 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 the last will and testament of L. A. Hipp deceased, that the said L A Hipp in the presence of the deponents subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date [ ] day of [ ] 189 And the deponent further saith That the said L A Hipp 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 the deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of the deponent subscribing his name as attesting witness thereto as aforesaid the said L A Hipp was sound of mind and memory, of full age to execute a Will and was not under any restraint to the knowledge, information or belief of the deponent; and further the deponents say not: Severally sworn and subscribed this Geo E. Wilson seal 29 day May 1896 before me } Herriot Clarkson seal J M Morrow } Clerk Superior Court } Order North Carolina } Upon the foregoing proof It is Mecklenburg County } adjudged by the Court that the attached paper writing and every part thereof is the last will and Testament of L A Hipp deceased. Let the said Will the application the proof and this order be recorded and filed this 29 day May 1896 J M Morrow Clerk Superior Court