MONTGOMERY COUNTY, NC - WILLS - L. P. Byrd Will - 1933 ************************************************************** 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: Breanda McLendon bmclendon@ac.Net *************************************************************** L. P. Byrd Will State of North Carolina ) ss In the Superior Court. Montgomery County. ) A paper writing purporting to be the last Will and Testament of L. P. Byrd, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Mrs. Sallie Byrd, George T. McAulay, Sr. and R. B. Jordan, Jr., the executrices therein mentioned, and the due execution of by the said L. P. Byrd is proved by the oath and examination of Bessie Bruton, W. A. McAulay and G. H. Armstrong, the subscribing witness thereto, 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 to him, purporting to be the last Will and Testament of L. P. Byrd; that the said L. P. Byrd, in the presence of this deponent, subscribe his name to the end of said paper writing, which is now shown as aforesaid, and which bears date of the 29 day of December 1933. And this deponent further saith, That the said L. P. Byrd, 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 this 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 said testator. And this deponent further saith at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his names as attesting witness thereto, as aforesaid, the said L. P. Byrd was of sound mind and memory, of full age to execute a will and was under no restraint, to the knowledge, information or believe of this deponent. And further these deponent say not. W. A. McAulay Bessie Bruton G. H. Armstrong Severally sworn and subscribed, this 6th day of August, 1935, before me. T. R. Baldwin Clerk Superior Court North Carolina ) Montgomery County. ) ss. In the Superior Court It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last will and testament of L. P. Byrd, deceased. Let said Will, together with the probate, be recorded and filed. This 6th day of August, 1935. Clerk Superior Court North Carolina Montgomery County. I, L. P. Byrd, of the Town of Mt. Gilead, County of Montgomery and State of North Carolina, being in fairly good health of body and of sound mind and memory and being desirous of arranging my worldly affairs while I have the strength and capacity, do hereby make, publish and declare this to be my last will and testament in manner and form as follows: I desire first of all to acknowledge with thanks the blessings of God during my past life and to commit my soul into His care and keeping and my body to the dust of the earth from whence it came, to be entered at the discretion of my executrix and executors hereinafter named. Item 1. I hereby revoke and declare utterly void all wills, codicils and testamentary paper of every kind and description heretofore made by me. Item 2. I direct the payment of all my just debts and personal expenses out of the first moneys that come into the hands of my executors hereinafter named. Item 3. I give and bequeath to my beloved wife, Sallie E. Byrd, all my household and kitchen furniture, my automobile, one cow of her selection and any and all crops that may be on hand or growing at the time of my death on the 6 ½ acres lot where we live and all rents on hand or growing on my farm where J. W. Andrews now lives, five (5) share of the capital stock in the Bank of Mt. Gilead, Mt. Gilead, North Carolina, of the par value of $100.00 per share, ten (10) share of the capital stock in the Mount Gilead Brick Company, Mt. Gilead, N. C. of the par value of $100.00 per share, Two Thousand $2000.0) Dollars of United State Government Bonds of her choice. Item 4. I give and devise to my beloved wife, Sallie E. Byrd, for the term of her natural life, my dwelling house and 6 ½ acres of land on which same is situated in the Town of Mt. Gilead, North Carolina, also my store house and lot on the corner of Poplar and Main Streets in the Town of Mt. Gilead, and my farm of 425 acres on Town Creek where J. W. Andrews now lives. Item 5. I give and bequeath to E. M. Overton’s children the $400.00 note E. M. Overton is due me. Item 6. I give and devise and bequeath to A. J. Lowdermilk the sum of One Thousand Dollars ($1000.00) same to be entered as a credit on a note secured by a mortgage deed I hold against his home place and other lands. I give and bequeath to Tom P. Byrd all the book accounts I have charged against him. Item 7. Subject to the life estate of my beloved wife, Sallie E. Byrd, I give and devise to R. B. Jordan, Jr. and his son Bobby Byrd Jordan, jointly my dwelling house and 6 ½ acre lot, situate in the town of Mt. Gilead, in fee simple. Item 8. Subject to the life estate of my beloved wife Sallie E. Byrd, I give and devise to John S. Byrd and L. P. Byrd, his son, their heirs and assigns in fee simple, to be divided equally between them, share and share alike, all the lands lying North of a line beginning at Daniel McAulay’s Northwest corner of his land near my pasture gate and running thence West to R. A. Bruton’s line and to extend up to W. T. Lisk land but not to include any of the Lisk land, and containing about 150 acres of land which I give and devise by this item. Item 9. Subject to the life estate of my beloved wife, Sallie E. Byrd, I give and devise my W. T. Lisk place in fee simple as follows: To Janie Byrd Thompson a one half undivided interest and to the children of Callie Byrd Robinson a one half undivided interest. It is my will and desire and here provided that in event of any of said children predeceased me that said children take parents part in the same way and manner as if their names were written herein. Item 10. I give and bequeath to Lemuel DeBerry, son of Robert Deberry and Mary Morton Deberry, the sum of Two Hundred ($200.00) Dollars to be expended on his education. I give and bequeath to L. Parrott Simpson the sum of Three Hundred ($300.00) Dollars, to be expended on his education. I give and bequeath to Lillian Byrd Simpson the sum of One Hundred ($100.00) dollars. Item 11. I give and bequeath to L. P. Byrd, son of John S. Byrd, the sum of Two Hundred ($200.00) Dollars. Item 12. I give and devise to Mrs. A. J. Lowdermilk and her children, in fee simple, share and share alike, the garage and lot situate in the Town of Mt. Gilead, North Carolina, on Main Street, now being occupied by Wade Skinner. Should any of the children be deceased leaving children, then and in that event, it is my will and desire that such children take their parents part. Item 13. I give and bequeath to R. B. Jordan, Jr., Five (5) share of the capital stock of the Bank of Mount Gilead, and Ten (10) share of the capital stock of Mt. Gilead Cotton Oil Company, of Mt. Gilead, North Carolina, each being One Hundred ($100.00) Dollars per share; also Five (5) share of the capital stock in Mount Gilead Brick Company. I also give and bequeath to R. B. Jordan, Jr. my writing desk. Item 14. Subject to the life estate of my beloved wife, Sallie E. Byrd, I give and devise to R. B. Jordan, Jr. in fee simple, the store house and lot on the corner of Main and Poplar Streets. Also the house and lot back of J. A. Ingram’s where R. B. Jordan Jr. now lives, with the understanding and condition that he does not mortgage or attempt to convey same this item devising store and house lot shall be null and void in which event same is to go to the Methodist Orphanage at Raleigh. This devise is further conditioned that is the said R. B. Jordan, Jr. dies without children this real estate is to go to the Methodist Orphanage at Raleigh. Item 15. All the rest and residue of my estate that is not already in cash be converted into money by my executors hereinafter named as soon as they can conveniently do so after my death in order that the full value in cash may be realized and determined from the disposition of said personal and real estate, and for this purpose I do hereby authorize and empower my said executors to collect all debts owing me, sell and convey by fee simple deed all my real estate not hereinbefore specifically devised, at public sale for the best price obtainable. And when the whole of my estate not hereinbefore disposed of shall have been converted into cash I will and direct that the same shall be divided and distributed as follows: To the Trustees of the Methodist Orphanage at Raleigh, North Carolina Seventeen per cent (17%) To R. B. Jordan, Jr. Seven per cent (7%) To W. P. Ingram Seven percent (7%) To L. P. Byrd, Jr. Seven per cent (7%) To N. L. Byrd Seven per cent (7%) To J. S. Byrd Seven per cent (7%) To Dockery Byrd’s children Seven per cent (7%) To Jane Thompson Seven per cent (7%) To Callie Robinson’s children Seven per cent (7%) To Pat Morton Seven per cent (7%) To R. B. Jordan, Sr. Three per cent (3%) To Bennie Byrd’s children of So. Car. Seven per cent (7%) To Methodist Orphanage of Greensboro, NC Three per cent (3%) To A. J. Lowdermilk Seven per cent (7%) It is my earnest will and desire that the legatees and devisees named in this will shall after my death show to my executors that they voted the Democratic ticket at last general election, excepting however the Orphanage and trustees hereinbefore mentioned, next preceding my death. All my life I have advocated and worked for the Democratic party and its principles because I honestly believed that it was for the best interest of my country that the Democratic party should be in power and administer the affairs of our government both State and National. It is my will and desire that in the event that any legates or devisees herein named, except however, the Orphanages and trustees heretofore mentioned, shall not so satisfy my executors hereinbefore named, his or her share of the personal property herein bequeathed shall be paid to his or her children. Item 17. It is my will and desire and I hereby direct that any and all advancements made by me to any of the legatees, devisees or their families under this will and any and all debts owing or due by any of them to my estate shall be deducted from his or her share before receiving any part of my estate, except as herein specifically stated. Item 18. I hereby constitute and appoint my beloved wife, Sallie E. Byrd, and my trusted friends, George T. McAulay, Sr. and R. B. Jordan, Jr., lawful executrix and executors to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the same, and every part of clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. I will and direct that George T. McAulay, Sr., one of the executors herein named, shall be and act as Treasurer of my estate until same is settled. I desire my said executrix and executors shall have full fees allowed by law and further they are not required to give bond. In witness whereof, I, the said L. P. Byrd, do hereunto set my hand and seal, this the 29th day of December, 1933. L. P. Byrd (Seal) Signed, sealed, published and declared by the said L. P. Byrd to be his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, do subscribe our names as witnesses thereto. Bessie Bruton W. A. McAulay G. H. Armstrong.