Northampton County, NC - Wills - McDaniel, Sr., Augustus - 1914 Will of Augustus McDaniel I Augustus McDaniel of the county of Northampton, State of North Carolina, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament as follows: I. It is my will and desire that my executor hereinafter named shall provide for my body a burial and pay all burial expenses and pay all my just debts II. I give and devise that portion of my home farm including my residence and the other buildings thereon which lies on the east side of the wire fence leading across my farm from the Maggett tract down to the E.H. Lane land in a pasture including all the pasture land on the side of the E.H. Lane tract adjoining the land of Al Outland Elijah Copeland, E.H. Lane and Jordan Brown containing about ninety acres to my beloved wife Lula McDaniel during her natural life, provided she remain my widow, but at her death or marriage, I devise said land to my daughter, Perthita during her natural life, and at her death to her children in fee simple, provided she shall have children, but if she shall die leaving no children or the issue of such surviving her, then and in that case I give and devise said land to the children of A. McDaniel Jr. Maggie Lane and the children of my grand-daughter L. Pearl Futrell in fee of simple as tenants in common share and share alike, it being my will and desire that if my wife die or marry and my daughter Perthita die leaving no children then and in that case the said land shall go to the children of A. McDaniel Jr. Maggie Lane and the children of my grand-daughter L. Pearl Futrell in fee of simple share and share alike. III. I give and devise all that portion of my home farm lying in the West side of the above mentioned wire fence bounded on the South by E.H. Lane, on the West by A. McDaniel Jr., on the north by the Maggett tract and on the east by the said wire fence containing about seventy-six (76) acres to my grand-daughter, L. Pearl Futrell during her natural life and at her death to her children in fee simple, provided she shall have children or the issue of such surviving her, then and in that case I devise said land to be equally divided between my three children A. McDaniel Jr., Maggie Lane and Perthita McDaniel during their natural lives and at the death of either of them I give and devise his or her inters to his or her other children or the issue in fee simple. It being my will and desire to give the said L. Pearl Futrell only a life estate in said land and her children or the issue of such a fee simple and if she haves no children the said A. McDaniel, Maggie Lane and Perthita McDaniel only a life estate and at their death either of them his or her interest shall go to his or his children in fee simple. IV. I give and devise my Maggett tract of land bounded on the South by my home tract and A. McDaniel Jr. on the North and east by the Jordan Brown tract, on the West by a tract of land known as the Nora Brown tract to the to my son A. McDaniel during his natural life and at his death. I give and devise my tract of land to his children, it being my intention to devise to my said son only a life estate in said land and to devise the reversion thereof at his death to his own children. V. I give and devise my tract of land known as the Baker tract bounded on the North by Albert Brown, on the East by Stephen McDaniel, and a tract of land known as the Deans tract on the South by the Luke Bolton tract, to my daughter Maggie Lane during her natural life and at her death I give and devise said land to her children, it being my intention to devise only a life estate in said land to my said daughter and to devise the reversion thereof at her death to her children. VI. It is my will and desire that my tract of land commonly known as the Peele tract or mill tract of land containing about one hundred and ten (110) acres and bounded on the West by the Albert Brown, on the North by Henry Lassiter on the East by Exum Griffin on the South by Robert McDaniel and Stephen McDaniel be put up by my executor hereinafter and sold at public auction to the highest bidder after sufficient advertesement for cash and the proceeds of the said sale be equally divided between A. McDaniel jr., Maggie Lane, Parthita McDaniel and L. Pearl Futrell and my beloved wife Lula McDaniel. VII. I give and bequeath to my grand-daughter, L. Pearl Futrell the bed she now sleeps on and I also give and bequeath to said L. Pearl Futrell my piano. VIII. I give and bequeath to my wife Lula and my daughter Parthita all the rest of my household furniture. IX. It is my will and desire that all of my other personal property be sold to the proceeds from said sale be equally divided between my children A. McDaniel jr., Maggie Lane, Parthita McDaniel, and my beloved wife Lula McDaniel. X. I give my son Peter McDaniel five hundred dollars from the proceeds of my insurance policy and if for any cause he should fail to receive said sum from my said policy of insurance, then and in that case I bequeath to him the said sum of five hundred dollars to be paid to him out of the proceeds of the sale of my personal property to be given to him by my executor and if for any cause he should fail to get said sum out of the proceeds of the sale of my said personal property then in that case I give and bequeath to him five hundred dollars out of the proceeds of the sale of the said mill tract of land, my intention is to give my said son Peter McDaniel only five hundred dollars because I have given him already a tract of land. XI. I hereby constitute and appoint my son A. McDaniel Jr. my sole executor to carry out this will with its true intents and purposes and that my said executor A. McDaniel Jr. give a bond for the sum of one thousand to administer on this my said estate and carry out this my Will. It is further my will and desire that Dr. M. Bolton be appointed by the court as guardian of my youngest daughter, Parthita McDaniel to take charge of her real and personal property and protect the same until she becomes twenty-one years of age and in case said Dr. M. Bolton renounce said trust or refuse to accept the same, it is my will and desire that the court appoint some suitable and trustworthy friend to qualify as guardian and take charge of her said property until she becomes twenty years of age, All interlinations and erasures were made before signing. This January 26th, 1914. A McDaniel Sr (SEAL) Signed sealed and acknowledged this 26th day of January 1914 in the presence of J.W.Weaver J.E. Johnson State of North Carolina S. S. IN THE SUPERIOR COURT. Northampton County A paper writing purporting to be the last will and testament of A. McDaniel, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court, for said County, by A. McDaniel Jr., the executor therein mentioned, and the due execution thereof by the said A. McDaniel is proved by the oath and examination of J. W. Weaver and J. E. Johnson, the subscribing witness thereto, who being duly sworn, doth depose and say and each for himself deposeth and saith that is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of A. McDaniel that the said A. McDaniel in the presence of this deponent, subscribed his name at the end of the paper writing, now shown him as aforesaid, and which bears date of the 26th day of Jan. 1914. And the deponent further saith, that the said A. McDaniel, the testator aforesaid, did, at the time subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be the LAST WILL AND TESTAMENT, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness the etc, 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 deponent's subscribing his name as attesting witness thereto, as aforesaid the said A. McDaniel 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 this deponent; And further these deponents say not. J. W. Weaver (SEAL) J. E. Johnson (SEAL) Severally Sworn and subscribed this 1st day of Dec. 1919 before me. J. T. Flythe, Clerk Superior Court. STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF NORTHAMPTON IN THE MATTER OF THE LAST WILL of AUGUSTUS McDANIEL, SR. It appearing to the Court that by oath and examination of J. W. Weaver and J. E. Johnson the subscribing witnesses thereto, before J. T. Flyth, former Clerk of Superior Court, that the paper writing propounded by the Executor therein named, is the last will and testament of Augustus McDaniel and that the same was duly executed by said Augustus McDaniel in the presence is said witnesses and at the time of signing the same the said Augustus McDaniel was of sound mind. It is thereupon adjudged that the said paper writing be admitted to probate at the last will and testament of the said Augustus Mc Daniel, and the Executor therein named qualify as such. This the 26th day of January 1922. W. J. Beale, Clerk of Superior Court. __________________________________________________________________ Copyright. 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