Wayne County NcArchives Wills.....McKinne, David F. 1866
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 May 25, 2012, 1:45 pm

Source: N C Archives
Written: 1866
Recorded: 1868

Will of David F. McKinne
NC Archives
Wayne County Wills
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, that 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 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 each of my daughters, Anne B. McKinne, and Julie 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 rest and residue of my estate, 
real, personal and mixed, to my beloved wife Ann C. 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 
managment 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 as 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 execution 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 W. 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 David F. McKinne do hereunto set my hand and 
seal this first day of August A.D. 1866.

Declared by the said D.F. McKinne               D. F. McKinne {Seal}
to be his last will and testament this
10th day of September A.D. 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
Jas. F. Kornegay
Saml. Smith

North Carolina Court of Pleas and Quarter Sessions
Wayne County
May Term A.D. 1868
A paper writing purporting to be the last will and testament 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 F. 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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