TRANSYLVANIA COUNTY, NC - WILLS - Francis Marion Owen, 4 May 1917 ==================================================================== 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: Philip Sheppard ==================================================================== Will of Francis Marion Owen (1827-1923, buried at Macedonia Baptist Church Cemetery, Gloucester Township, Transylvania County, NC, son of John W. Owen and Lavinia Parker), m. Margaret Jane Wood (1841-1882, buried at Macedonia Baptist Church Cemetery, Gloucester Township, Transylvania County, NC, daughter of Andrew Jackson Wood and Jane Henderson) Submitted by Philip Underwood-Sheppard Transylvania County, North Carolina, Record of Wills, Book 3, pp. 129-130: State of North Carolina, County of Transylvania. I, Marion Owen, of said State and County, and of Gloucester Township, being of sound mind and disposing memory, but considering the uncertainty of my earthly existence, do make, publish and declare this to be my last Will and Testament: FIRST: - My Executor, hereinafter named, 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 which may come into his hands belonging to my estate: SECOND:- I give and devise unto my son, Spurgeon Owen, in fee simple forever, all rights, interests or equities, which I may own at my death in and to any lands, situate, lying and being in said State and County: THIRD:- I give and bequeath unto my said son, Spurgeon Owen, all money, or moneys, live stock, farming tolls, household and kitchen furniture, notes or other evidence of debt due me, provisions on hand, and any [and] all other personal property of every kind and description which I may own at my death: FOURTH:- I hereby constitute and appoint my trusty friend, Roland Owen, my lawful executor 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 null and void all other Wills and Testaments by me heretofore made. In witness, I, Marion Owen, do hereunto set my hand and affix my private seal, this the 4th day of May, 1917. his Marion X Owen (SEAL) mark Signed, sealed and delivered, published and declared, by the said Marion Owen 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) do subscribe our names as witnesses hereto. Witnesses} D. L. English Cos Paxton O. W. Clayton ************************** North Carolina In the Superior Court, Transylvania County. Before N. A. Miller, C. S. C. Now comes Roland Owen, Executor named in a paper writing purporting to be the last will and testament of Marion Owen, deceased, and exhibits the said paper writing before me, the undersigned Clerk of the Superior Court of Transylvania County, and the due execution of said paper writing as the said last Will and Testament is proved by the oath and examination of Cos Paxton and D. L. English, the subscribing witnesses thereto, who, being duly sworn, doth depose and say, and each for himself deposeth and sayeth that he is a subscribing witness to the paper writing now shown him purporting to be the last Will and Testament of Marion Owen: that the said Marion Owen in the presences of this deponeth, subscribe his name at the end of said paper writing now shown as aforesaid, did, at the time of subscribing his name as aforesaid, declared the said paper writing so subscribed by him and exhibited to be his last Will and Testament and this deponeth 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 testator: That at the said time when said testator subscribed his name to the said last Will and Testament as aforesaid and at the time of this deponeth subscribed his name as attesting witness thereto as aforesaid the said Marion Owen 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.