MITCHELL COUNTY, NC - WILLS - William R. Stewart, 20 Mar 1896 ----¤¤¤¤---- [Page 156] Last Will and Testament of William R. Stewart. State of North Carolina ) In the Superior Court Before the Clerk. Mitchell County ) This day personally appeared before me, John Stewart, one of the Legatees named in the herewith attached Will, as it purports to be, of William R. Stewart, and who being duly sworn, deposes and says as follows: That William R. Stewart is dead, and that he, the said John Stewart is a Legatee in said will, and asks that said Will be admitted to probate, And that the estate of said Dec'd consists of both Real and Personal property, of the value of about $3,000.00 And that Sis Wilson, Pine Creek Madison Co., N.C., Milton Stewart, Standing Army of the U.S. John Stewart, Bakersville, N.C., Sester Forbes Red Hill, N.C., Chas. Stewart Bakersville, N.C., Martha Turner, Bakersville, N.C. Maggie Hampton, Estatoe N.C. and Phebe Stewart, Bakersville N.C. are the Legatees of said Will. (signed) J. C. Stewart Sworn to and subscribed before ) me this the 25th day of Jan. 1897 ) J. B. Bowman C.S.C. ) State of North Carolina ) S.S. In the Sup. Court. Mitchell County ) A Paper writing purporting to be the Last Will & Testament of William R. Stewart, Dec'd is exhibited before me, the undersigned Clerk of the Superior Court for said County, by John Stewart one of the Legatees therein named and the due execution thereof by said William R. Stewart is proven by the oath and examination of L. H. Deyton & C. D. Stewart the subscribing Witness thereto: who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a sub scribing witness to the paper writing now shown as purporting to be the Last Will and Testament of William R. Stewart, that the said William R. Stewart in the presence of this deponent, sub scribed his name at the end of said paper writing, now shown as aforesaid, and which bears date of the 20 day of March 1896. And the Deponent further saith, That the said William R. Stewart, the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so sub scribed by him and exhibited, to be his Last Will and Testament and the deponent did thereupon subscribe his name at the [Page 157] end of said Will as an attesting witness thereto, and at the request and in the presence of said Testator. And this deponent further saith, that at the said time when the said testator subscribed his name as an attesting witness thereto as aforesaid, and at the time of deponent's sub scribing his name as an attesting witness thereto as aforesaid, the said William R. Stewart was of sound 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 these deponents say not. ( N. H. Deyton [seal] (signed) ( C. D. Stewart [seal] Sworn to and subscribed ) this 25th day of Jan. 1897 ) before me, ) J. C. Bowman C.S.C. ) State of North Carolina ) Mitchell County ) The attached paper writing purporting to be the Last Will and Testament of William R. Stewart, having been exhibited before me, the same and every part thereof is adjudged to be The Last Will and Testament of the said William R. Stewart; And the same is Ordered to be Recorded and filed. This the 25th day of Jan. 1897. J. C. Bowman C.S.C. Last Will and Testament of William R. Stewart. State of North Carolina, Mitchell County, This March 20, 1896 In the name of God, Amen. I, William R. Stewart of the state and County above named, being of sound mind and memory, do hereby make public and declare this my Last Will and Testament, in the manner following, that is to say: First I order and direct my wife Lockie Stewart as soon after my decease, as practicable, to take of my personal estate and pay off and discharge all the debts due and liabilities that may be existing against me at the time of my decease. Second I give and bequeath to my wife Lockey the following described real estate and personal property [Page 158] to wit: One tract of land, lying on Cane Creek, being where I now live; being about 15 acres more or less, being the lands bought of A. Burleson and T. C. Burleson together with all the appurtenances thereunto belonging, as set forth in my deeds, to have and to hold the premises above described -- to the said Lockey Steward during her natural life, and after Lockey Steward's death, these to be equally divided between all my lawful heirs, except John and Charlie, which have deeds to their part of my real estate. Also all of my personal property, Viz: one mule about 12 years old. One Colt one year old. Two head of Cattle, one milk cow and one two year old heifer, also 12 head of hogs and pigs, one wagon, and all farming tools, also all house hold and kitchen furniture, also all corn, wheat and pro- visions of all kind now on hand, and then at Lockey's death, all of the above personal property, except one horse or value of one horse is to go to my son John, and the rest of my personal property to be equally divided between all of my lawful heirs. Third Also all of the proceeds of two tracts of land formerly deeded to my son John and son Charlie is to go to the use and benefit of my wife Lockey, during her natural life. In witness whereof I have hereunto set my hand and seal, this the 20th day of March 1896. his William R Stewart [seal] mark The above instrument was at this date thereof signed, sealed, published and declared by the said William R. Stewart, as, and for his last Will and Testament, in presents of us, who at his request and in his presents, and in the pre- sents of each other have subscribed our names as witnesses thereto. Witness N. H. Deyton, Bakersville Post Office C. D. Stewart, Altamont Post Office Clerk Superior Court ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Patrick Barrett pwrbarrett@yahoo.com ___________________________________________________________________