Robeson County, NC - Will of Von Walters, 1941 ~~~~~~~~~~~~~~~~~~~ NORTH CAROLINA, ROBESON, Will of Von Walters I, Von Walters, of the County of Robeson, State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make, publish and declare this to be my Last Will and testament, in manner and form following, that is to say: First: My executor hereinafter name, shall give my body a decent burial suitable to the wishes of my friends and relatives and pay all funeral expenses, together with all my just debts, out of the first moneys that shall come into his hands, belonging to my estate. Second: I give, devise and bequeath to my beloved wife, Ida Walters, all and singular, the property of every kind and description, both real and personal, that I own at the time of my death, except such property as may be hereinafter particular designated, to have and to hold the same during the term of her natural life and widowhood, to use same for her benefit or support as she desires, so long as she lives. Third: I give, devise, and bequeath to my beloved daughter, Lillian Lewis, after the death of my beloved wife, the following property, to- wit: My tract of land where I now live, known as the Home Place, containing 137 acres, more or less. Also the tract of land I own, known as the Austin Barnes place, containing 115 acres, more or less. Also a part of the tract of land, known as the Owen Ward Place, lying north and west of the ditch running through the Brumbles Branch and running in a westerly direction to the highway and then down the highway to the lower line and thence with said line to the Austin Barnes land, to have and to hold the same, after the death of my beloved wife, during the term of the natural life of my daughter, Lillian Lewis, and after her death to be divided equally among her children, who are then living, and if at the time of her death, she has no children living capable of taking said lands, then and in that event, it is my will and desire and I so provide that said lands shall revert to any children that I then have living, or to any of my grand-children, who are then living, to have and to hold same as tenants in common. Fourth: I give, devise and bequeath to my beloved daughter, Lula Floyd, after the death of my beloved wife, the tract of land, known as the Will Floyd place, which I have recently bought containing 53 acres, more or less. Also all the lands that I own in Back Swamp Township, Robeson County, except the tract known as the Dan Atkinson place, to have and to hold the same, after the death of my beloved wife, during the term of the natural life of my daughter, Lula Floyd, and after her death to be equally divided among any children she may have living at the time of her death and if at the time of her death she has no living children capable of taking said lands, then it is my will and desire and I so provide that said lands shall go to any children I then have living or to any grand-children I may then have living, as tenants in common. Fifth: I give, devise and bequeath to my beloved sister, Emma Walters, after the death of my beloved wife, during the lifetime of my said sister, the tract of land I own in Back Swamp Township, Robeson County, known as the Dan Atkinson place, to have and to hold the same to my said sister, after the death of my beloved wife, during the lifetime of my said sister and at her death said lands is to go to my daughter, Lula Floyd, if living and if dead to her children, if she has a child or children then living, if not, then to my grand-children I have living at the time of the death of my beloved daughter, Lula Floyd. Sixth: I give, devise, bequeath to my beloved nephew Zemp Walters, all the remainder of my lands known as the Owen Ward land, east of the public road and south of the ditch leading from Brumbles Branch and not heretofore given to my beloved daughter, Lillian Lewis, to have and to hold the same, after the death of my beloved wife, during the term of his natural life, and after his death to his children, and if he has no children living at the time of his death, then said lands shall revert to any children or grand-children that I have, then living. Seventh: After the death of my beloved wife, Ida Walters, I give, devise and bequeath to my beloved daughter, Lillian Lewis, and my beloved daughter, Lula Floyd, during the term of their natural lives, the following tracts of swamp land, to-wit: The tract of land I recently bought from E. S. Walters's estate. One Hundred acres of swamp land near the Piney Island, I bought from Paul T. Britt and a tract of land containing 69 ˝ acres in Flowers Swamp, I bought from Butters Lumber Company, and I also provide that my nephew, Zemp Walters shall have the privilege of getting wood off said lands during the term of his natural life. Said lands to be held by my two daughters during the term of their natural life and not to be sold. After the death of my said daughters, said lands shall go to their children, as long as they shall live and the children of my nephew, Zemp Walters shall have the privilege of cutting wood off of said lands. It being my intention to keep said lands in my family and family descendants for the purpose of having a place of getting wood and timber. It is my desire and I so provide, that the title to said lands shall never go out of my family and the descendents of my family. Eighth: It is my will and desire and I desire and I so provide that my daughter, Lillian Lewis shall have one of my vacant lots, located in the town of Fairmont, North Carolina, and my daughter, Lula Floyd shall have one of my vacant lots, located in the town of Fairmont, North Carolina. My nephew, Zemp Walters, shall one of my lots, same located in the town of Fairmont, North Carolina. Said lots now being vacant. It is my will and desire and I do provide that the title to said lots shall vest in said parties to whom I am giving same in fee simple to dispose of or occupy, as each my desire. Ninth: I give, devise and bequeath all my property in Bladen County, North Carolina and near the town of Bladenboro, North Carolina, to be divided as follows, to-wit: My daughter, Lillian Lewis, shall have one-fourth of said property. My Daughter, Lula Floyd, shall have one-fourth of said property. My Nephew, Zemp Walters, shall have one-fourth of said property. My Nephew, Sidney Britt, shall have one-fourth of said property, Provided the said Sidney Britt, shall pay to my estate, the reasonable value of same, otherwise said property shall be equally divided between the other three parties above named. Each of the above parties to have One-third of the same. Tenth: I have made this my Last Will and Testament after a careful consideration of the property I own, and the relation I bear to said property and to each member of my family with a desire that they shall get the benefit from said property as fully as possible. I have put certain restrictions on said property, not that I have any doubt as to the ability of my children to handle the same but on account of my long experience, I deem it, for their best interests, that the same be restricted and I further provide that if any party, who receives benefits from my estate shall attempt by legal process or otherwise to abrogate this my Last Will and Testament that then she or he, as the case may be, shall forfeit all the right or interest that he or she may have in my estate. Eleventh: And lastly, I hereby constitute and appoint my trusted friend, W. B. Lennon, Cashier of the Waccamaw Bank and Trust Company of Fairmont, North Carolina, as my lawful executor, to execute this, my Last Will and Testament and every part and clause thereof—hereby revoking and declaring utterly void all other Wills and Testaments by me heretofore made. In Witness Whereof, I, the said Von Walters, have hereunto set my hand and affixed my seal, this 11th day of September, 1941. Von Walters_______ (SEAL) Signed, sealed, published and declared by the said Von Walters, 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 have hereunto subscribed our name as witnesses hereto. Thos C Johnson_____ Lumberton, N. C.__________ Name Address Richard S. Coleman__ Lumberton, N. C.__________ Name Address STATE OF NORTH CAROLINA, ROBESON COUNTY. A paper writing purporting to be the last Will and Testament of Von Walters deceased, is exhibited before me, the undersigned Clerk Superior Court for said County by W. B. Lennon the executor therein mentioned, and the due execution thereof by the said Von Walters is proved by the oath and examination of Thomas C. Johnson and Richard S. Coleman, the subscribing witnesses thereto; who being duly sworn do depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown purporting to be the Last Will and Testament of Von Walters; that the said Von Walters in the presence of these deponents subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 11 day of September, 1941. AND THE DEPONENTS FURTHER SAY: That the said Von Walters, 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 these deponents did thereupon subscribe their names at the end of said Will as attesting witnesses thereto, and at the request and in the presence of the said testator, and in the presence of each other. And these deponents further say, that at the said time when the said testator subscribed his name to the said Last Will as aforesaid, and at the time of the deponent's subscribing their names as attesting witnesses thereto, as aforesaid, the said Von Walters 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 these deponents: And further, these deponents say not. Thos. C. Johnson_______ Richard S. Coleman Severally sworn and subscribed this 24 day of September, 1941, before me. Clara S. Braswell,_______ Asst. Clerk Superior Court. NORTH CAROLINA, ROBESON COUNTY. And thereupon it is considered and adjudged by the court that the said paper writing and every part thereof is the Last Will and Testament of Von Walters, deceased, and the same, with the foregoing examination and this certificate are ordered to be recorded and filed. This the 24th day of September, 1941. Clara S. Braswell,_______ Asst. Clerk Superior Court. FILED SEPT. 24, 1941 WESLEY C. WATTS, CSC From the contributor: Von Walters was born May 25, 1878 and died Sep 20, 1941. He married Ida Britt Sep 25, 1898. Von was the son of Fleetwood Walters born 1797 and died 1879 and Anzie Britt born May 5, 1845 and died Mar 30, 1931. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Michael Walters ___________________________________________________________________