Wayne County NcArchives Court.....McKinne, David F. 1868
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 June 14, 2012, 9:20 pm

Source: N C Archives
Written: 1868

Will of David F. McKinne, 1868
N. C. Archives
CR 103.801.11

I, David F. McKinne, of the County of Wayne 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, this is to say:

First - That my executor hereinafter named shall pay all my just debts, 
howsoever and to whomsoever owing out of the moneys that may first come into 
his hands as a part or parcel of my estate and shall carry out all my 
obligations, howsoever and with whomsoever made.

Item - My will and desire is that the residue of my estate and property which 
shall not be required for the payment of expenses in the execution of this my 
will, shall remain in common stock, under the management of my son, David E. 
McKinne, until disposed of as hereinafter mentioned.

Item - I loan to my daughter, Ann B. McKinne, and Julia E. McKinne, from the 
time they severally arrive at the age of twenty one years, or if they should 
marry, from the date of such marriage, land which shall be declared at such 
time or times to be equal in value to that portion of the estate which will 
remain to each of the other heirs; to be under their control from said time or 
times if they desire it; after their death to descend to their heirs at law.

Item - I give, devise and bequeath all the real and residue of my estate, 
real, personal and mixed, to my beloved wife Ann E. McKinne, and my two sons 
David E. McKinne and Haywood W. McKinne, each to have an equal portion, to 
remain in common stock to be divided at the request of my said wife, or at the 
discretion of my elder son, David E. McKinne.

Item - I desire that all surplus moneys, if any, which may accumulate from the 
management of my estate, shall be invested in real estate, by my executor for 
the mutual benefit of my heirs, unless my said executor and a trusty friend 
hereinafter named shall in consultation deem it expedient to invest it 
otherwise; in which latter case my executor is hereby empowered to make such 
use of said surplus moneys so he may think will be to the mutual interest of 
the heirs.

And lastly - I do hereby constitute and appoint my said son David E. McKinne, 
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 every clause thereof . And in case of the death of my said son, David 
E. McKinne, before the final exclusion of this my will, my younger son, 
Haywood W. McKinne, is hereby constituted his successor, with power to my said 
elder son David E. McKinne to annul this latter clause; and if the said 
Haywood W. McKinne shall not have arrived at an age to be deemed competent to 
manage the business of the estate, I desire that my trusty friend E. R. Borden 
shall execute this my last will and testament hereby revoking and declaring 
utterly void all other wills and testaments by me heretofore made.

In witness whereof I the said D. F. McKinne do hereunto set my hand and seal 
this first day of August AD 1866.

Declared by the said D. F. Mckinne             D. F. McKinne {Seal}
to be his last will and testament this
19th day of September AD 1866 in presence of us who at his request and in his 
presence and in the presence of each other do subscribe our names as witnesses 
thereto.

Witnesses
Jas. F. Kornegay
Sam'l Smith

North Carolina
Wayne County
Court of Pleas and Quarter Sessions
May Term AD 1868

A paper writing purporting to be the last will and testment of D. F. McKinne 
deceased is duly proven in open Court, by the oaths of James F. Kornegay and 
Samuel Smith the subscribing witnesses thereto. Whereupon David E. McKinne the 
executor in the said will named, is duly qualified as such. Let letters 
testamentary issue.
Wm. G. Hollowell  Clerk


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