MONTGOMERY COUNTY, NC - WILLS - William Haywood - 1881 ************************************************************** 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: Brenda McLendon bmclendon@ac.Net *************************************************************** WILLIAM HAYWOOD WILL MONTGOMERY COUNTY I, Thadeus Haywood, Exr. and Jesse Haywood, coexecutor, do solemnly swear that I believe this writing to be and contain the last Will and Testament of William Haywood, Sr. deceased; and that we will well and truly execute the same by first paying his debts and then his legacies, as far as said estate shall extend, as the law will charge us; and that-wit will well and faithfully execute the office of an Executor and Coexecutor agreeable to the trust and confidence reposed in us, and according to law; So help me God. T. F. Haywood, Exr. J. B. Haywood, Coexecutor Sworn to and Subscribed before me this 18 day of June 1888. W. R. Harris C. S. C. I, William Haywood of Mt. Gilead Township County of Montgomery and State of North Carolina having arrived at an advanced age and being aware of the uncertainty of life and the certainty of death, and being of sound mind and memory, and wishing to indicate clearly the disposition I would have made of my effects after my death, I make publish and declare the following to be my last will and testament. (To wit) I. I will and bequeath to my beloved wife Henrietta Haywood a life estate in one undivided half of the tract of land on which I now reside, said tract embracing two hundred and fifty two acres more or less, it being the same purchased by Jesse Haywood, myself and Miles Haywood from A. W. Chambers, save and except six or seven acres sold by Moses Haywood to F. Martin. Further, I bequeath to my wife a life estate in sixty acres entire situation on Dison Creek adjoining the above named tract and granted to me in the year of our Lord 1844. II. I will and bequeath to my beloved wife five hundred dollars in the currency of the United States. One hundred bushels of corn, twenty five bushes of wheat, twenty five hundred lbs. of fodder, twenty five lbs. coffee, fifty lbs. sugar, ten gallons molasses, two hundred lbs bacon or pork, twenty lbs. lard, two horses or mules of her own choice, two cows and calves of her own choice out of my stock, together with all the house hold and kitchen furniture with this provision that she provide Jesse, Oscar and Chesley a bed and furniture each. And upon the death of my beloved wife it is my will and desire that all the above named property both real and personal shall descend to my two sons Jesse and Oscar. III. I bequeath to my son Oscar the other half undivided of the tract of land on which I now reside, it being the remaining half of the tract embracing the first bequest to my wife together with the Miles Haywood homestead on which he last resided in Montgomery County, containing one hundred and eighty acres embracing the original tract on which the said Miles Haywood resided and the tracts known as the Moses Haywood entry and the Chisholm tract. Beginning on a stony ridge, see deed from Miles Haywood and wife to Wm. Haywood. I further bequeath to my son Oscar Haywood one horse or mule of his own choice after his mother’s selection together with a bridle and saddle and one cow and calf, together with five hundred and fifty $550 dollars in United States currency. IIII. I bequeath to my son Jesse one half of all the lands which I bought from W. H. Robinson and wife. I further bequeath to my son Jesse the tract of land known as the John Byrd tract containing one hundred and ten or fifteen acres adjuoining T. F. Haywood and others together with one horse or mule bridle and saddle, also five hundred and fifty $550.00 dollars in United States currency. Also one cow and calf. 5th. I will and bequeath to my son Thadeus F. Haywood the remaining half of the William Robinson land the other half being herein before bequeathed to my son Jesse, also a tract known as the James Byrd land containing originally eighty three acres, sixty seven & 3/4 acres now, 15 1/4 acres having been sold to James Martin, also two hundred dollars United States currency. 6th. I will and bequeath to my grandson Chesley Green my father’s old homestead together with twenty-five acres, which my father gave to Moses Haywood, all of which I purchased from my brother Moses Haywood. I further will and desire that my grandson Chesley Green shall have another tract which is situated on the waters of Thickety Creek adjoining Calvin Crouch and others embracing twenty acres which I purchased from Robert L. Green together with three hundred $300.00 United States currency. 7th. I bequeath to my son William R. Haywood seven hundred $700.00 dollars currency of the United States. 8th I will and bequeath to my daughter Mary Ann Townsend five hundred $500.00 dollars currency of the United States. 9th. I bequeath to my daughter Lucy Jane Bruton five hundred $500.00 dollars currency of the United States. 10th. I will and bequeath to my daughter Elizabeth Harris five hundred $500.00 dollars currency of the United States. 11th It is also my will and desire that my beloved wife Henrietta Haywood shall have my buggy and sewing machine. 12th. And when I have mentioned life estate I mean the natural life of my wife. 13th. It is my will and desire that if any of the above named legatees shall die without issue that his or her share of legacy shall descend to all the others in common. 14th. If there is not enough money to meet all these bequest then it is my desire that each receive in proportion, if more than enough then let each legacy be augmented in proportion. Nothing herein contained shall effect the disposition of the real bequests. 15th. I now and hereby appoint my true and affectionate son Thaddeus F. Haywood my executor with instructions to deliver to each legatee his or legacy within due time after my death. Let the minor legatees be invested upon their arrival at the age of twenty one years. In testimony whereof I hereunto set my hand and affix my seal. This Sept. 21, 1881 W. Haywood (Seal) Attest E. Hurley A. M. Haywood M. S. Martin A supplement to the foregoing will. It is my will and desire the land purchased since the execution of the foregoing shall be equally divided between my three sons Thaddeus F. Haywood, Jesse Haywood and Oscar Haywood, said purchases consisting of fifty acres from E. Hurley and wife, 255 1/2 acres from M. S. Martin and wife, and seven acres from W. T. Lisk and wife. Hoping they may divide the same amicably. But in case of disagreement it shall be left to referees whose action shall be final. And further, it is my will and desire that where I have directed that each of my three daughters should have five hundred dollars (to wit) that Mary Ann Townsend, Lucy Jane Bruton an Elizabeth Harris shall have four hundred only instead of the five hundred first provided for. In other respects it is my desire that the above provisions remain unchanged except that I desire that my son Jesse shall act as coexecutor with my son T. F. Haywood. In testimony whereof I hereunto set my hand and affix my seal. W. Haywood (seal) Apr. 13, 1885 Attest E. Hurley M. S. Martin 2d Supplement It is my will and desire that any property which I now have that is not disposed of in the above will or any that I may hereafter acquire shall be sold at public aution by my executors after giving twenty days notice, the personal property for cash and the real property on time or with holding title till purchase money is paid and proceeds distributed equally among all my heirs, first however, giving each of my three daughters an additional hundred dollars which will make the original bequest. My purpose being to give them the amounts origionally directed but in case there should not be sufficient money that my said daughters legacies be reduced to four hundred each. In testimony whereof I hereunto set my hand and affix my seal. W. Haywood This April 13, 1885 Attest E. Hurley M. S. Martin State of North Carolina Montgomery County W. R. Harris, C/C in aforsaid county do hereby certify that the foregoing will is a true copy of the one now on file in my office. W. R. Harris, C/C Montgomery County In the matter of the will of William Haywood, Sr. Before W. R. Harris C. S. C. Thaddeus Haywood, Exr. & Jesse Haywood, Eoexecutor being duly sworn doth say that William Haywood, Sr. late of said county is dead having first made and published his last Will and Testament and that Thaddeus Haywood is the executor therein named and Jesse Haywood coexecutor named therein. Further that the property of the said William Haywood Sr. consisting of real and personal property is worth about $8,300.00 so far as can be ascertained at the date of this application; and that Henrietta Haywood, Thaddeus Haywood, Wm. R. Haywood, Lucy Jane Bruton and Mary Ann Thownsend, Elizabeth Harris, Chesley T. Green, Jesse Haywood (of whom Oscar Haywood is a minor with a guardian) are the parties entitled under said will to the said property. Sworn to and subscribed before me this 18th day of June 1888. W. R. Harris, C. S. C. T. F. Haywood Exr. J. B. Haywood Eoexecutor State of North Carolina) In the probate court Montgomery County ) A paper purporting to be the last Will and Testament of William Haywood Sr. deceased is exhibited before me the undersigned, Clerk Superior Court for said county, by Thaddeus Haywood the executor and Jesse Haywood coexecutor therein mentioned, and the due execution thereof by the said Thaddeus Haywood Exr. and Jesse Haywood CoExr by the oath and examnation of E. Hurley, M. S. Martin and A. M. Haywood the subscribing witnesses thereto; who, being duly sworn doth depose and say, and each for himself deposeth and say, that he is a subscribing witness to the paper writing now show him, purporting to be the last will and testament of William Haywood, Sr. dec’d; that the said William Haywood Sr. in the presents of these deponents subscribed his name at the end of said paper writing now shown him and which bears date of the 21 day September 1881 and supplements to the will which bears date 13 day of April 1885, and the deponent further saith that the said William Haywood, Sr. the testation aforsaid 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 the said testator. And this deponent further saith that at the said time when said testator subscribed his name to the said last Will as aforesaid and at the time of deponents subscribing his name as an attesting witness thereto as aforesaid, the said William Haywood, Sr. was of sound mind and memory, of full age to execute a will, and was not under any restraints to the knowledge, information or belief of this deponent; and further these deponents say not. Elias Hurley (Seal) M. S. Martin (Seal) his A. M. X Haywood (Seal) mark Witness to the first part of this Will Severally sworn and subscribed this 18 day of June 1888 before me. W. R. Harris C/C