SAMPSON COUNTY, NC - WILLS - Mary J. McLamb, 1 Jul 1919 ==================================================================== 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. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Lesley Looper lesleylooper@earthlink.net ==================================================================== North Carolina Sampson County: LAST WILL AND TESTAMENT: IN THE NAME OF GOD, AMEN; I Mary J. McLamb, of the county of Sampson state of North Carolina, being of sound mind, and in the face of an uncertainty of my earthly existance, do make and declear this my last WILL and TESTAMENT. 1st It is my will and desire that my executor herein named shall give my body a decent burial suitable to the wishes of my friends and relatives, and to pay all doctors bills, and burial expenses, to gather with all just debts (if any) out of the first moneys coming in to his hands belonging to my estate. 2nd I give and bequeth unto my children, VIZ The children of W.E. McLamb deceased, Lou V. Herring, now deceased, her children, viz Isiah, Nixon, David, P. Bettie J. Braston D. and Liyelian, Josephene, McDanald. Etta Parson, Mary McLamb, T.S. McLamb, Edgar McLamb, and Ellen Bass, deceased, children, Viz; Leo. Bass, Orlanda Bass, Earl Bass, Clyde Bass, and Norbit Anson Bass. All and singular the estate that may be known as my property, boath real and person, to share and share allike in all c_oses in action or other evidence of value belonging in any way to my estate, to share and share alike. 3rd It is my will and desire that after the allotments named in paragraph one of this will are duly carried out, then my executor herein after named shall divide all the property belonging to my estate as named in paragraph TWO hereof, between the heirs named therein, "EXCEPT" that part mentioned in said paragraph, that alludes to the heirs of Ellen Bass, this is to be kept in THE FIRST NATIONAL BANK OF DUNN, N.C. as well as any other moneys belonging to the heirs of Ellen Bass, untill the said children of Ellen McLamb Bass named here as her heirs, shall arrive at their majority, say 21 yrs old, and at this time It is my will that the proceeds, belonging to said child, at the time he or she shall arrive at the age of 21 yrs, be drawn out of said Bank, and delivered to said child, togather with the intrest accrued thereto. 4th No clause of this will must be construed, so as to make it mandatory upon the children of W.E. McLamb, and Lou V. Herring, to wait for a distribution of their share, untill all or a part of said children become 21 years old, but to be paid out by my executors hereinafter named when they shall deam it wise to make a distribution of said property to all heirs interested, "EXCEPT" those mentioned in paragraph THREE of this will. 5th In consideration, of making this will it, appearing that I have sold the land belonging to my estate to wit the Nancy Tart land for a good and valuable consideration, and have taken certain notes and mortgage deed upon said land, and in the event that all notes are not paid at the time of my death, then my executors shall collect such as is due on the notes and mortgages, and distribute same according to the right I give in each paragraph, mentioned to my executors. 6th I hereby constitute and appoint, my true and trusty friend Jesse F. Wilson, as my executor, to act in such capasity, with the First National Bank of Dunn, N.C. "TRUSTEE, for the moneys belonging to me in anaway, to execute this my last will and testament, according to the TRUE intent and meaning thereof, and every part and clause, thereof - hereby revolking and declearing utterly void all other will, made by me heretofore. IN WITNESS, I the said Mary J. McLamb, have hereunto set my hand and seal this the 1st day of July 1919. her Mary J X McLamb (seal) mark Signed seald, published, and decleared, by the said Mary J. McLamb, to be her last will and testament, in the presence of us, who, at her request, and in her presneces, and in the presence of each other, to subscribe our names as witnesses, thereto. H.B. Culbreth Pearle M. Wilson Probate of Will State of North Carolina Sampson County In the Superior Court A paper writing purporting to be the last Will and Testament of Mary J. McLamb, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said county, by Jesse F. Wilson, the executor therein mentioned, and the due execution thereof by the said Mary J. McLamb by the oath and examination of H.B. Culbreth and Pearl M. Wilson, the subscribing witness thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of Mary J. McLamb; that the said Mary J. McLamb, in the presence of this deponent, subscribed his name at the end of the paper writing, which is now shown as aforesaid, and which bears date of the 1st day of July, 1919. As the deponent further saith, that the said Mary J. McLamb the testatrix aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited to be her 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 said testatrix. And this deponent further saith, that at the same time when the said testatrix subscribed her name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as attesting witness thereto, as aforesaid, the said Mary J. McLamb 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. H.B. Culbreth Pearle M. Wilson Severally sworn and subscribed, this 19th day of August, 1910, before me. W.F. Sessoms Clerk Superior Court North Carolina Sampson County In the Superior Court It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of Mary J. McLamb, deceased. Let the Will, together with the probate, be recorded and filed. This 19 day of Aug, 1919. W.F. Sessoms Clerk Superior Court Executor's Oath State of North Carolina Sampson County In the Superior Court I, Jesse F. Wilson, do swear (or affirm) that I believe this writing to be and contain the last Will and Testament of Mary J. McLamb, deceased; that I will well and truly execute the same by first paying his debts and then his legacies, as far as the said estate shall extend, or the law will charge me, and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, according to the law: so help me, God. Jesse F. Wilson Sworn and subscribed before me, this 19 day of Aug, 1919. W.F. Sessoms Clerk Superior Court Application for Letters Testamentary North Carolina Sampson County In Superior Court In the matter of the last will of Mary J. McLamb deceased Jesse F. Wilson being duly sworn, doth say, that Mary J. McLamb, late of said county, is dead, having first made and published his last will and testament; and that he is the executor therein. Further that the property of the said Mary J. McLamb consisting of 5000.00 in cash and 5000.00 in notes of 1000.00 each is worth about $10,000 so far as can be ascertained at the date of this application; and that the persons entitled under the said will to said property are as follows, Heirs of W.E. McLamb Deceased, Lou V. Herrings children to wit: Isaiah, Nixon, David P. Bettie J. Bratson D. & Lou Ellen Herring, Josephine McDonald, Etta Parsons, Mary McLamb, T. S. McLamb, Edgar McLamb, the children of Ellen Bass Dead Viz. Leo, Orlanda, Earl, Clyde, & Norbert Anson Bass Sworn to and subscribed before me, this 19 day of Aug 1919. W.F. Sessoms Clerk Superior Court