Wayne County NcArchives Wills.....Gardner, James T. August 3, 1878
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File contributed for use in USGenWeb Archives by:
Chris Farrell CFarrelltwice@aol.com and Carolyn Farrell  December 28, 2006, 7:44 pm

Source: Wayne County Wills, 1776-1927 Cr.103.801.6 James T. Gardner, 1878
Written: August 3, 1878
Recorded: August 19, 1878

Wayne County, NC - Will of James T. Gardner, 1878


I JAMES T. GARDNER of Wayne County
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
testamen in manner and form following
that is to say
That my executor W. B. THOMPSON Shall
provide for my body a decent burial
Suitable to the wishes of ---- and wife and 
relations and pay all funeral expenses
together with my just debts howsoever and
to whomever owing out of the money
that may first come into his hands as
a part or parcel of any insurance in the 
Aetna Life Insurance Company Policy
Number (one hundred and fifteen thousand 
nine hundred and forty eight 115948) for
the sum of (Two Thousand Dollars 2000)
I give and bequeath to my beloved wife
MARY E GARDNER all of my real estate
consisting of one hundred and sixty-eight
acres Land more or less in fee simple to have and 
hold in fee simple her life time or widow 
hood  Then unto  my children.
I give and bequeth to my beloved wife Mary 
all my personal property consisting in
house hold and kitchen furniture farming
implements stock and money that may 
be left after paying all my debts to have
and hold her life time or widowhood 
Then unto my children  I do hereby
constitute and appoint my friend
WILLIAM B THOMPSON my lawful 
Executor to all interests and purposese
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
as witness whereof I the said JAMES T. 
GARDNER do hereunto set my hand and 
seal this the 3rd day of August A. D.
1878.

Signed sealed published  | JAMES T GARDNER (sEAL)
and declared by the said  |
JAMES T GARDNER 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    | 
witnesses thereto.           |

WILEY THOMPSON
D. B. THOMPSON


--E. GARDNER)

Additional Comments:
In Probate Court on 19 Aug 1878, WILLIAM B. 
THOMPSON signed (as Wm B. THOMPSON) an "Executor's 
Oath" stating JAMES T. GARDNER was dead "having 
first made and published his Last Will and 
Testament and that he Wm B.THOMPSON is the executor 
named therein."  The property of JAMES T. GARDNER 
was worth "about $3000.00."  The parties entitled 
to the property under the will were MARY E. GARDNER 
and FANNIE, TEMPERANCE, EDITHE NANCY and JAME 
GARDNER.  (There probably should have been a comma
between "EDITHE" and "NANCY" and an "S" after 
"JAME".) 

On 19 Aug 1878, WILEY THOMPSON and D. B. THOMPSON
were deposed in regard to their witnessing the
Last Will and Testament of JAMES T. GARDNER.

The Probate Judge was W. T. YELVERTON.

File at: http://files.usgwarchives.net/nc/yancey/wills/gardner210gwl.txt

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