Enoch Crutchfield, Randolph County Will 1879 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Richard Crotwell 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. ******************************************************************. (Will Book Vol. 15, page 540-548, Randolph county, N.C.) estimated total value $1700. State of North Carolina, Randolph county. I Enoch Crutchfield being of sound mind and memory, but considering the uncertainty of my earthly existence do make and declare this my last Will and testament in manner and form following. Item 1st. It is my will and desire that my executor herein after named shall provide for my body a decent burial suitable to the wishes of my family and friends; Also decent though common tombstones for my grave; and pay all my funeral expences together with all my just debts howsoever and to whomsoever owing out of the money that may first come into his hands as a part or parcel of my estate. Item 2nd. It is my will and desire that all my property both real and personal except that otherwise devised and bequeathed by me in this my last Will and testament remain unsold, and kept under the controle and management of my present wife; With the advice and council of my executors for the use and support of herself during her normal life or widowhood, And my Children by her while under age. Item 3rd. It is my will and desire that if my wife Eliza Jane Crutchfield shall die before my youngest child by her Minnie Alice shall become eighteen years of age, then, in that case all my property both real and personal, be equally divided between all my children by her; Namely; Henry M., Fannie M., Aseneth H., Henrietta H., Joseph B., and Minnie A., or if she shall marry, then in that case it be divided among her and my children by her, equally. If no advancements shall have been made before that time by her to any of the children as herein after specified; but if any advancements shall have been made then in that case such advancements shall be deducted so as to make an equal division among my wife and my children by her. Item 4. It is my will and desire that whenever any of my children by my wife Eliza Jane shall marry or become twenty one years of age then in that case, that she make advancements to such an one, out of the property under her controle and management with discretion, taking a recipt from each one to whom such advancements shall be made, and that such advancements be accounted for as herein beofre specified in a final settlement of my estate. Also taking care that she does not so diminish my Estate by such advancements, as to prevent an equal division of the same in a final settlement. Item 5. It is my will and desire that nothing herein shall be so constructed as to prevent my wife Eliza Jane from her right of Dower in my home tract of Land if she remains my widow otherwise her right of dower is void. Item 6. It is my will and desire that if my wife Eliza Jane shall be and remain my widow till my youngest child be her shall become eighteen years of age. Then in that case, that all my property both real and personal except for that specialy devised and bequeathed, and except the dower right of my wife Eliza Jane be equally divided among all my children by her Namely; Henry M., Fannie M., Asenath H., Henrietta H., Joseph B., and Minnie A., also giving my wife Eliza Jane an equal share with the above named Children in the proceeds of the personal property. Item 7. It is my will and desire that my son Henry Milton have my watch for his own when he shall arrive at the age of eighteen years. Item 8. It is my will and desire that my library of Books shall be equally divided among my wife Eliza Jane and all the children of my body or their heirs giving to my wife her choice of said Books. Item 9. It is my will and desire that all my Children and their heirs by my first and second wives Namely; Alexander Albright, Algernon Sanders, The heirs of Nancy E. Patterson died, Thos. E. and Jno. J. be left entirely out in this my last will and testament except in an equal share in my library of Books. As herein before bequeathed they all already having received more than equal share of my Estate in advance, except my daughter Candace Elizabeth to whom I give and bequeath Fifty dollars, if not given during my life time. Item 10. The advantages given to my son Francis Wayland Crutchfield in an education property and money I consider his part of my estate except what I may give him during my life. Item 11. It is my will and desire that my executors herein after named Shall have power to sell so much of my personal property as can best be spared to pay my just debts and necessary expences provided there shall not be enough money found on hand for that purpose; such personal property not to embrace any article otherwise bequeathed by me. Item 12. In the event that any of my children by my last wife Eliza Jane should die before they become of age; then and in that case, My Will and desire is that their part shall be equally divided among the remaining Children of my last wife Eliza J. Crutchfield. Item 13. It is my Will and desire that any of my unmarried Children or Emma D. and Maud J. Royal shall have a home during their single lives provided it is with the consent of their mother. Item 14. It is my Will and desire that my wife Eliza Jane Shall not have power to sell any part of my real estate except in case of extreme necessity. Item 15. When my youngest child shall become eighteen years of age, should there be any species of property that cannot be satisfactorily divided then and in that case, my will and desire is that such property be sold and the proceeds equally divided among the heirs above named Namely; my Wife Eliza Jane, Henry M., Fannie M., Asenath H., Henrietta H., Joseph B. and Minnie A. Crutchfield. Item 16. I do hereby constitute and appoint my beloved wife Eliza Jane Crutchfield my lawful executrix and my trusty friends Meredith D. Kivett and Isham Cox my lawful 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 and clause thereof here by revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said Enoch Crutchfield here unto set my hand and seal this the 18" day of September A.D. one thousand eight hundred and seventy nine. Enoch Crutchfield (Seal) Signed sealed published and declared by the said Enoch Crutchfield to be his last J.B. Makepeace Will and testament in presence of us who at A.F. Smith his request in his presence and in the presence of each other do subscribe our names as witnesses thereto. Acknowledged in presence of A.L. Troy A.H. Lane A Codicil Where as I Enoch Crutchfield have made my last will and testament in writing being date on the 18" day of September one thousand eight hundred and seventy nine and have thereby made sundry devises and bequests of my estate but which circumstances having now materially changed I do by this writing which I hereby declare to be a codicil to my said will to be taken and construed as a part of said will and direct (for reasons not necessary to mention) that the sum of ten dollars only be paid to my daughter Candace Elizabeth instead of fifty as directed in my said will. September 24" 1881 Enoch Crutchfield (Seal) Signed sealed published and declared by the said Enoch Crutchfield to be a codicil or part of his last Will and testament in the presence of us weho at his request and in his presence and in the presence of each other do subscribe our names as witnesses thereto. Jno Hayes Leonard Wright May 13" 1885 2nd Codicil Whereas I Enoch Crutchfield having made my last will and testament in writing beaing date the 18" day of September 1879 and whereas the 10" Item shows my purpose towards my son Frances Wayland Crutchfield but in consequence of his abscence I cannot give him in my life what I wish I therefore bequeath by these presents unto the said Francis Wayland Crutchfield forty dollars in money to be paid to him by my executors and this codicil shall be understood to be a part and parcel of my last will and testament. Signed and sealed Enoch Crutchfield (Seal) in presence of. J.F. Pickett J.W. Brower