Pitt County, NC - Wills File contributed for use in USGenWeb Archives by Martha Mewborn Marble WILL OF WILLIAM LANG LAST WILL AND TESTAMENT OF W. G. LANG I, W. G. Lang, of the County of Pitt in the State of North Carolina, being of sound mind and memory, do make, publish and declare this paper writing to be my last Will and Testament in manner and form as follows, that is to say: FIRST: I desire that my executors hereinafter named shall provide for my body a decent burial suitable to the wishes of my family, and erect over my grave a suitable monument or memorial, the expense of which they will pay out of the first monies that may come into their hands. SECOND: I direct that my executors, immediately upon my decease, shall proceed to ascertain the amount of my just debts and to whom owing, and when ascertained to pay them without unnecessary delay. THIRD: I give and devise to my wife Mary E. Lang, for and during the term of her natural life, the following real estate situated in the County of Pitt, to-wit: My tract of land known as “The W. J. Baker Tract: which I purchased of J. H. Flanekin, executor of A. H. Flanekin deceased, containing one hundred and sixty-five acres more or less; one other piece or parcel of land in the town of Farmville, fronting on church street about seventy (70) feet and running back to the line of Eli Williams, it being the lot upon which I have recently completed a new single story residence and lies immediately west of the lot now occupied by John T. Parker; also so much of that certain lot in the town of Farmville which I purchased of H. B. Harris and wife as lies north of a ditch running through said lot and dividing it from the part on which L. T. Everett now resides. To have and to hold the three above described pieces or parcels of land unto her the said Mary E. Lang for and during the term of her natural life. I also give and bequeath to my said wife, for and during the term of her natural life the sum of Fifteen Hundred Dollars in money to be paid to her out of my estate by my executors: Also the horse and buggy I may have on hand just previous to my death which was kept for my personal use. I also give and bequeath unto her such articles of household and kitchen furniture as she may select from that which I may have on hand at the time of my death, not to exceed in value the sum of one hundred and fifty dollars to be valued by two disinterested parties who are to be chosen by my said wife, and the executors named in this will, provided however, that if my said wife should prefer not to take such furniture, then and in that event and in lieu thereof, I give and bequeath unto her the sum of one hundred and fifty dollars to be paid to her by my said executors. These gifts, devises and bequests are made to my said wife in lieu of all rights of dower, years provisions, distributive share, homestead or other rights in my estate, either real or personal. FOURTH: I give and devise unto my son William M. Lang in fee, the following real estate in the County of Pitt, to-wit: One tract of land in Farmville township known as “The Old Homestead” it being the same land which I purchased of Moses Moye and Jane Tyson, to whose deeds reference is hereby made for a more complete description (the two purchases having been consolidated and being now one tract); also one certain piece or parcel of land situate in the town of Farmville on the east side of Main Street, beginning at a point on said street one hundred and seventy-one (171) feet distant from the southeast corner of Main and Wilson Streets and running from thence a southerly direction with said street twenty-nine (29) feet; thence an easterly direction parallel with Wilson forty (40) feet; thence a northerly direction parallel with Main Street twenty-nine (29) feet; thence a westerly direction to the beginning. In addition to the above I give and bequeath unto my said son William M. the sum of Twenty-Five Hundred Dollars. The gifts, devises and bequest contained in this section are made upon the express condition that my said son and his wife, and in case of their death then the children of the said William M. shall immediately upon my death, execute and deliver to the parties to whom the same are devised by this will, a full release of all their interest in and to my “Dwelling house and lot” in Farmville, and in and to the tract of land hereinafter mentioned and described as “The Sheppard Tract” and in case of their failure so to do the devises, bequest and legacy contained in this section of my will are not to take effect. FIFTH: I give and devise unto my daughter Sarah E. Joyner, wife of Francis Joyner, for and during the term of her natural life, the following real estate, to-wit: one Tract of land in Farmville Township, Pitt County known as “The Sheppard Tract” including the Toll House piece of four acres; also so much of a certain lot in the town of Farmville, Pitt County, which I purchased of H. B. Harris and wife, and lies South of a ditch dividing it from the lot on which Thomas Windham now resides. Immediately upon the death of the said Sarah E., I give and devise said real estate to the children of my said daughter, Sarah E. Joyner, in fee, to be equally divided between them, the issue of any deceased to represent his or her parent. In addition to the above I give and bequeath unto the said Sarah E. Joyner the sum of Fifteen Hundred Dollars, to be paid to her out of my estate by my executors. The gifts, devises and bequest contained in this section are made upon the express condition that the said Sarah E. and her husband, or in case of her death then the children of the said Sarah E. shall immediately upon my death, execute and deliver to the parties to whom the same are devised by this will, a full release of all their interest in and to my “Dwelling house and lot” in Farmville, and “The Old Homestead; and in case of their failure so to do the devises, bequest and legacy contained in this section of my will are not to take effect. SIXTH: I give and devise to my son James A. Lang, in the fee simple, the following real estate situation in the County of Pitt, to wit: One certain piece or parcel of land in the town of Farmville on the east side of Main Street, beginning at a point on said street sixty (60) feet distant from the southeast corner of Main and Wilson Streets and running from thence with Main Street a southerly direction parallel with Wilson Street to Eli Williams line; thence a northerly direction with Eli Williams’ line one hundred and eleven (111) feet; thence a westerly direction to the beginning; also one other lot in said town of Farmville lying on the west side of Main Street adjoining the lands of W. M. Lang on the north, Bettie Belcher on the west, W. M. Lang on the south and Main Street on the east, containing about two and one-half (2 ˝ ) acres, it being the same land that I purchased of J. A. Lang and wife; also my undivided one-half interest in and to that certain lot in the town of Greenville, known in the plan of said town as lot number one hundred and twelve (112). I also give and bequeath unto my said son James A. the sum of Four Thousand Dollars. The gifts, devises and bequest contained in this section are made upon the express condition that the said James A. Lang and his wife, and in case of their death then the children of the said James A. shall immediately upon my death, make, execute and deliver to the parties to whom the same are devised by this will, a full release of all their interest in and to my “Dwelling house and lot” in Farmville, and to the two tracts of land, the one known and described as “The Sheppard Tract” and the other known and descrived as “The Old Homestead”, and in case of their failure so to do the devises, bequest and legacy contained in this section of my will are not to take effect. SEVENTH: I give and devise unto my daughter Lula Lee Mewborn, wife of W. E. Mewborn, for and during the term of her natural life, the following tracts of land in Farmville Township, Pitt County, to-wit: A tract known as “The Ben Asa Baker Tract”, containing seventy (70) acres more or less, it being the tract of land which I purchased of Luby Harper and wife, to whose deed reference is hereby made for a more accurate description; also another tract in said township known as “The W. J Baker Land”. Containing one hundred and sixty-five (165) acres more or less, this last mentioned tact is subject however to the life estate of my wife Mary E. Lang as provided for in the third section of this will; also one other tract in the same township known as “the James T. Joyner land” deeded to me by Noah Tyson and adjoining the lands of Nannie Tucker, Emma Trotman and others, containing fifty three (53) acres more or less; also one other piece, lot or parcel of land in the town of Kinston, North Carolina, which was conveyed to me by E. S. Pittman and wife by deed dated March 29th, 1899 and is now of record in the office of the Register of Deeds of Lenoir County, in Book 24 page 271, to which deed reference is hereby made for a more particular description; also so much of that lot in the town of Farmville, Pitt County, I purchased of H. B. Harris and wife as lies north of a ditch running through said lot and dividing it from the part on which L. T. Everett now resides, this last mentioned lot is subject however to the life estate of my wife Mary E. Lang as provided for in the third section of this will. These devises are made to my said daughter Lula Lee for an during the term of her natural life and after her death I give and devise said lands to the children of my said daughter Lula Lee in fee, to be divided equally between them, the issue of any deceased child to represent his or her parent. In addition to the above I give and bequeath to the said Lula Lee the sum of Three Thousand Dollars to be paid to her out of my estate by my executors. The gifts, devises and bequest contained in this section are made upon the express condition that immediately upon my death, the said Lula Lee and her husband, or in case of their death the children of the said Lula Lee shall make, execute and deliver to the parties to whom the same are devised by this will, a full release of all their interest in and to the lands known as “The Sheppard Tract” and “The Old Homestead and “My Dwelling house and lot in Farmville, and in case of their failure so to do the devises, gifts and bequest mentioned in this section of my will are not to take effect. EIGHTH: I give and devise to my daughter, Fannie Joyner, wife of Jacob F. Joyner, for and during the term of her natural life, the following real estate in Pitt County, to-wit: one tract of land in Farmville township known as “The Moses R. Turnage tract” lying on Middle swamp and Sandy Run and bounded by said streams and the lands of E. A. Moye and A. J. Flanagan; also “My Dwelling House and Lot’ in the town of Farmville together with all the balance of my real estate situate upon the same square on which said dwelling stands and which is not otherwise divised or disposed of in this will, subject to the life estate of my wife in that part of said square which is specifically described in the third section of this will; also one lot in the town of Kinston, North Carolina, which was conveyed to me by G. W. Crabtree and wife by deed dated November 30, 1900, and now of record in the office of the Register of Deeds of Lenoir County in Book 25 page 509. These devises are made to my said daughter Fannie for and during the term of her natural life and after her death I give and devise said land and lots to the children of said Fannie, in fee to be equally divided between them, the issue of any deceased child to represent his or her parent in such division. I also give and bequeath unto my said daughter Fannie the sum of Two Thousand Dollars to be paid to her out of my estate by my executors. The gifts, devises and bequest contained in this section are made upon the express condition that immediately upon my death, the said Fannie and her husband, or in case of their death the children of the said Fannie shall make, execute and deliver to the parties to whom the same are devised by this will, a full release of all their interest in and to the lands known as “The Sheppard Tract” and “The Old Homestead and in case of their failure so to do the devises, gifts and bequest mentioned in this section of my will are not to take effect. NINTH: I direct my executors, hereinafter named, to sell all of my real estate and personal property of every kind and description not herein specifically devised or bequeathed and also the real estate hereinbefore specifically devised to such of my children as refuse or fail to comply with the conditions attached to such devises, and I authorize and empower them to make such sale, publicly or private, for cash or on credit, as they may deem best, but always to retain title until the purchase money has been paid. TENTH: I desire and direct that my said executors, after the payment of my just debts, charges of administration, funeral expenses and such other costs and charges as may be incident and proper to effectuate and carry out the provisions of this Will, and after paying the legacies herein bequeath to such persons as have compiled with the conditions thereto attached, shall divide the fund remaining in their hands into five equal shares, and one of these shares I give to my son William M. Lang, one share to my son James A. Lang, one share to my daughter Sarah E. Joyner, one share to my daughter Lula Lee Mewborn and one share to my daughter Fannie Joyner. But if either of my said children fail to execute the releases required of them in regard to “The Sheppard Tract” or “The Old Homestead” or “My Dwelling House and lot” in Farmville or attempt to set up an independent title thereto, then the bequests made to such of them and their children as fail or refuse are not take effect, but shall be divided among those that do comply. ELEVENTH: I hereby constitute and appoint my sons William M. Lang and James A. Lang as executors of this my last Will and Testament and direct them to execute the powers herein contained. TWELFTH: I hereby revoke and declare void any and all the other wills by me heretofore made. In Testimony whereof, I have hereunto set my hand and seal on this the twenty-seventh day of September A. D. nineteen and two. SIGNED W. G. Lang Signed, sealed, published and declared by the said W. G. Lang 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 sub our names as witnesses hereto. R. L. Davis J. R. Davis The Will was exhibited in the superior Court of Pitt County on 6th April 1904 in from of D. C. Moore. William M. and James A. Lang qualified as Executors and R. L. and J. R. Davis swore to his signature. __________________________________________________________________________ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. 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