Transylvania County NcArchives Wills.....Clayton, John March 28, 1867 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Barbara Ware bwarre752@me.com May 26, 2009, 7:25 am Source: Manuscript Collection Of The North Carolina State Archives, Raleigh Written: March 28, 1867 Recorded: October 24, 1868 I, John Clayton of the county of Transylvania 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 hereinafter mentioned shall provide for my body a decent burial suitable to the wishes of My relatives and friends and pay all funeral expenses together with all my just debts howsoever and to whomsoever owing out of the money that may first come into their hands as a Part or Parcel of My Estate. Item 1st, I give & bequeath to my beloved wife Susannah Clayton the benefit of My Mansion house & out building together with a suitable amount of household & kitchen furniture as may be necessary for her comfort to be set apart by my executors according to their Judgment and to have a comfortable Maintainance (sic) and suppor (sic) from the proceeds of all My land set in reserve in titles by Me Made to J W Clayton, E B Clayton & G W Wilson all to be under the Management of My executors. 2, My will and desire is that all the residue of My Estate be sold by my executors and all debts due me collected and after paying all expenses and debts the residue to equally divided amongst my children or their representatives share and share alik (sic) They (that is my children or representatives) rendering and accounting by inventory account of all they shall have received as an advancement heretofore made And lastly I do hereby constitute and appoint my trusty friends George Orr and G W Wilson 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 thereof hereby revoking and declairing (sic) utterly void all other wills and testaments heretofore made This 28th of March AD 1867 John Clayton (LS) Signed sealed published and declaired (sic) by the said John Clayton to be his las (sic) will and testament in presents of us wo (sic) at his request & in his presents do subscribe our names as witnesses thereto I. S. Lyday Jurat A. W. Beck State of North Carolina Transylvania County Oct 24 Day AD 1868 Office of Probate Judge this day above writing was presented by the Executors there in named for Probate whereupon the Subscribing witnesses thereto To wit I S Lyday and A. W. Beck being introdoosed (sic) proved the Same in common form for record whereupon the Same being allowed the Executors was duly Sworn according to law See affidavit filed George C Neill Probate Judge -------------------- State of North Carolina Transylvania County I George C Neill Probate Judge in and for said County for do certify that the within will was duly recorded on pages 82, 83, and 84 George C Neill Probate Judge ------------------- Affidavit of George Orr and G. W. Wilson Executors of John Clayton Deceast (sic) Sworn to and subscribed before me Geo C Neill Probate Judge the 24th day of Oct AD 1868 Geo C Neill Probate Judge State of North Carolina Transylvania County I Geo Orr and G W Wilson do swear that we believe this writing to be and contain the last will and testament of John Clayton deceast (sic) and that we will well and truly execute the same by first paying his debts and then his legacies as far as the said estate or the law shall charge and that you will well and faithfully execute the office of executors agreable (sic) to the trust and confidence reposeed (sic) in you and according to law so help you god (sic) George Orr G. W. Wilson File at: http://files.usgwarchives.net/nc/transylvania/wills/clayton1490gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 4.4 Kb