Will of Mastin Wall, 1888, Stokes County NC ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Miranda Griffin http://files.usgwarchives.net/nc/stokes/wills/wall03.txt 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. ******************************************************************. Will of Mastin Wall - Stokes County, NC Will book 6 page 352 I Mastin Wall of the County of Stokes and 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 in manner and form following that is to say; First that my Executors herein names shall provide for my body a decent burial suitable to the wishes of my Relatives and friends and pay all funeral Expenses together with my Just Debts howsoever and to whomsoever owing out of the monies that may first come into their hands as a part or parcel of my Estate. Item 1st I give to my beloved wife Nancy Wall my Tract of Land I now reside on which is one hundred acres, in which I reserve one half acre including the grave yard on my land to all my Legal heirs, The Land is to be my wife as long as she remains a widow in my name. Item 2nd I want my beloved wife to have one plow Beast, one cow and calf and all the hogs then on hand also all the provisions on hand if needed also all the household and kitchen furniture that belongs to me, I also want wifes children to have all the property she brought to me by marriage. I want her to have all the Farming Tools necessary to carry on the farm including wagon also. I also want no timbers destroyed or sold off on the land. Item 3rd I want my Executors after my wife Nancy’s Death to Make sale of all my land and property and make an Equal division between all my Legal heirs. And Lastly I do hereby constitute and appoint my trusty friends J.W. Booze and I.B. Wall 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 hereby Revoking and Declaring utterly void all other wills and Testaments by me heretofore made. In witness whereof I the said Mastin Wall do hereunto set my hand and seal this [ page 353 ] February the 6th day A.D. 1888 Mastin {X} Wall Signed sealed publish and declared by the said Mastin Wall to be his last will and Testament in the presence of us who at his Request and in his Presence do subscribe our names as witness thereto. Witness J.H. Shamel R.F. Fulk J. R. Boaz William Newsom Application: State of North Carolina Stokes County }In Superior Court before the Clerk. In the matter of the Probate of the Last Will & Testament of Mastin Wall Dec’d A paper writing purporting to be the last will and testament of Mastin Wall deceased is exhibited in open Court by I.B. Wall one of the Executors therein named, who makes application to have the same admitted to probate at the last will and testament of the said Mastin Wall and being first duly sworn says that he is one of the Executors named in said will and as such is entitled to have the same ad- mitted to probate and to Letters Testamentary upon the estate of the said Mastin Wall. That the value of the estate of the said Mastin Wall as near as the same can be ascertained, at the date of this application is about $885.00 of which about $800.00 is real property and about $85.00 is personal property. That the parties entitled to the said property (subject to creditors) as devisees of the said Mastin Wall are as follows viz: Nancy Wall his widow of full age and resident of Stokes County N.C. A.C. Wall, Lucy Loggins wife of Henry? Loggins, Tempy Vest wife of Geo. Vest, S.M. Chandler wife of Richard Chandler, I.B. Wall, J.B. Wall, W.I. Wall [ page 354] all of full age and residents of Stokes County, N.C., N.C., A.J. Wall of full age and resident of Forsyth County, N.C. Patsy Moser wife of Alex Moser J.M. Wall both of full age and residents of the State of Tenn. and Adam Wall of the age of 6 years without Guardian and resident of Stokes County, N.C., and the children of Geo. Wall Deceased, to wit-Minnie, wife of _______, David Wall and _____Wall all minors under the age of twenty-one years, and affiant does not know whether with or without Guardian and residents of the State of Ky. Sworn to and subscribed before me, this the 14th day of Dec. 1894 I. B. Wall N. O. Petree CCC Proof: State of North Carolina Stokes County } ? SS Meter Superior Court A paper writing purporting to be the last will and testament of Mastin Wall deceased is exhibited be- fore me, the undersigned Clerk of the Superior Court for said county, by I.B. Wall one of the Executors therein mentioned and the due execution thereof, by the said Mastin Wall is proved by the ____ and examination of R.F. Fulk and William Newsom the subscribing witnesses thereto. ______ 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 Mastin Wall, that the said Mastin Wall in the presence of this deponent, subscribed his name at the end of said papers writing now shown as aforesaid and which bears date of the 6th day of Feby. 1888. And the deponent further saith, that the said Mastin Wall 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 this deponent did therefore subscribe his name at the end of said Will as are attesting [ page 355 ] witness thereto, and at the request and in the presence of the said testator. And this de- ponent 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 subscribing his name as an attesting witness thereto, as aforesaid the said Mastin Wall 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. R. F. Fulk {seal}William Newsom {seal} Severally sworn and subscribed this 14th day} of Decr. 1894, before me} N.O. Petree CSC Order State of North Carolina Stokes County In Superior Court before N.O. Petree Clerk In re estate of Mastin Wall deceased Order for probate of Will. A paper writing purporting to be the last Will and testament of Mastin Wall dec’d is ex- habited in open Court for probate by I.B. Wall one of the Executors therein named and ____ Execution thereof by the said Mastin Wall dec’d is duly proven by the oath and examina- ting R. F. Fulk and William Newsom sub- scribing witnesses thereto and it is further showed to the satisfaction of the court by said witnesses that the said Mastin Wall was, at the time of making said will, of sound mind and memory of full age to execute a will and under no restraint to this knowledge, information or belief. It is therefore considered adjudged and decreed, that said proof is sufficient and according to law and that said paper writing is and contains the last Will and testament of Mastin Wall dec’d and on motion it is ordered that said will be admitted to probate and recorded in the Book of Wills of Stokes County [ page 356 ] and as such filed as provided by law in the office of the Clerk of the Superior court of said County. It is further ordered that said I.B. Wall be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust. The other Executor having filed his written renunciation?. Dated this the 14th day of Decr. 1894. N.O. Petree Clerk Superior Court. Renunciation? Of J.W. Booz, Ex. North Carolina Stokes County N.O.Petree Exqr. I J.W.Booze having been named as one of the executors with I.B. Wall in the last Will and testament of Mastin Wall de- ceased, and not desiring to take upon myself the burden of administrating on the estate of said deceased therefore I hereby renounce my right to qualify as Executor of said deceased and take out letters of administration and ask that the said I.B. Wall alone qualify as Executor of said Estate. Witness my hand this the 8th day of Decr.1894. Witness John Y? Phillips {J.W. Booz} {transcribed by Miranda Griffin 17 Dec 2001}