YANCEY COUNTY, NC - WILLS - John A. Bowditch, 27 Apr 1929 --------------¤¤¤¤¤¤-------------- Last Will and Testament of John A. Bowditch Yancey County, North Carolina Book of Wills, pages 500-507 Transcribed by Sandra Allen Fender North Carolina Yancey County I, John A. Bowditch, being of sound mind and disposing memory, but considering the uncertainty of my earthly existence and being desirous of making a provision for my wife and children and being exceedingly anxious that no litigation shall arise between them after my death, do make this my last Will and Testament in manner and for following towit Item I: I hereby revoke and declare utterly void all former wills by me made. Item II: It is my wish, will and desire, and I do hereby bequeath unto my wife, Mildred Bowditch, my three Forks place, and such land as I own and that which adjoins Still Fork Creek, to my said wife during her natural life and at her death, then to be equally divided between all four of my children. Further it is my will and desire and I do hereby bequeath unto my beloved wife above named, one third (1/3) of all my personal property, wherever the same is located, for her use and benefit during her natural life, and what she has left at the time of her death, it is my wish that the same be divided equally among my four children, share and share alike. It is my will, wish and desire that my said wife accept the above bequeathed both of land and personal property in lieu of Dower. Item III: It is my will, wish and desire that my executor hereinafter named shall give my body a decent burial suitable to the wishes of my friends and relatives and out of the first money coming into his hands shall pay all of my just debts. Item Four: I will, bequeath and desire unto my four children, Ruth Bowditch, John Bowditch, Frank Bowditch and Robert Bowditch all the balance of my estate both real and personal where ever the same may be located, after the bequest of real property and personal property has been made to my beloved wife. It is my will, wish and desire that my estate that I am now leaving to my children be not divided among them until my youngest son, Robert become twenty one (21) years. Item Five: It is my will and desire that my executor here in after named shall carry on in a small way the goods business that I am now running for a short time in his discretion in order to dispose of the stock of goods and wind up the estate to the best advantage. Item Six: I do hereby constitute and appoint my beloved son Frank Bowditch my executor of this my last Will and Testament. I have ____ confidence in my sons fitness for this work and ask the court not to require bond. I am perfectly willing to trust his ____ to carry it out to the best advantage for his mother and the other children. Even if he should continue to go to school he will have vacation time, Christmas Time and summer time, sufficient leisure to administer my estate. In Witness whereof I, the said, John A. Bowditch, do hereunto set my hand and seal, this the 27 day of April, 1929. John A. Bowditch (seal) Signed, sealed, published and declared by the said John A. Bowditch 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 witness hereto. G. F. Washburn Doris Hill S. E. Hudgins State of North Carolina County of Yancey I, John A. Bowditch, of said State and County makes this codicil to my last will and testament, published by me and dated April 27, 1929 which I ratify and confirm, except as the said will shall be changed hereby. Whereas, in my will above mentioned in Item two thereof, I give unto my beloved wife, Mildred Bowditch my three forks place and such land as I own and that which adjoins Still Fork Creek to my said wife during her natural life and at her death then to be equally divided among all four of my children. I now desire to change Item two of said will to read as follows. It is my wish and I do hereby bequeath unto my beloved wife, Mildred Bowditch all the lands which I own in Yancey County, in South Toe Township. These lands are in different tracts are situated in and around the neighborhood of Three Forks, these lands I will to my said wife, Mildred, during her natural life and at her death to be equally divided between my son Frank and daughter Ruth. It is my will and desire and I do now bequeath to my sons John and Robert all my lands in Crabtree Township known as the Bowditch old homestead. It is my further will and desire and I do hereby bequeath unto my beloved wife above named one third of all my personal property wherever such is located for her use and benefit during her natural life and what she has left at the time of her death, it is my wish that same be equally divided between my four children, Frank, Ruth, John and Robert Bowditch to share and share alike. It is my will and desire that my said wife accept the above legacies, both of land and personal property in lieu of Dower. It is my will and desire that this shall take the place of Item two in my said will. John A. Bowditch (seal) Signed, sealed, published and declared by the said John A. Bowditch to be a codicil to his last will and testament in our presence and in his presence and in the presence of each other, have at his request hereunto subscribed our names as witnesses. E. F. Watson, Burnsville, NC Joseph M. Murphey, Burnsville, NC North Carolina Yancey County A paper writing purporting to be the Last Will and Testament of John A. Bowditch, Deceased is exhibited before me the undersigned Clerk of Superior Court for Said County by Frank Bowditch, the executor therein named and the due execution thereof by the said John A. Bowditch is proven by oath and examination of G. F Washburn and Miss Doris Hill the subscribing witnesses thereto who each being duly sworn, deposith and sayeth that he and she are subscribing witnesses to the paper writing now shown them purporting to be the last will and testament of John A. Bowditch, deceased. That the said John A. Bowditch in the presence of the despondents subscribed his name at the end of the said paper writing now shown as aforesaid and which bears date of 27th day of April 1929. And the despondents further say that the said John A. Bowditch, the testator aforesaid did at the time of subscribing his name as aforesaid declare the paper writing so subscribed by him and exhibited to be his last will and testament and these deponents did there upon subscribe their names at the end of said will as subscribing witnesses thereto, and at the request of and in the presence of the said testator. And these despondents further say that at said time when said testator subscribed his name to said last will, as aforesaid the said John A. Bowditch was of sound mind and disposing memory, of full age to write a will, and was not under any restraint to their knowledge, information and belief of these despondents and further these despondents say not. G. F. Washburn Doris Hill Subscribed and sworn to before me this 4 day of September, 1933. Fred Proffitt Clerk Superior Court North Carolina Yancey County A paper writing purporting to be a codicil to the last will and Testament of John A. Bowditch, deceased is exhibited before me the undersigned Clerk of the Superior Court of said County by Frank Bowditch, the executor therein named and the due execution thereof by the said John A. Bowditch is proven by the oath and Examination of E. F. Watson and Jos. M. Murphey, subscribing witnesses thereto: who each being sworn says and each for himself says and agrees that they are subscribing witnesses to the paper writing now shown them purporting to be a codicil to the last will and testament of John A. Bowditch, deceased, that the said John A. Bowditch in the presence of the despondents subscribed his name at the end of said paper writing now shown as aforesaid and which bears date of the 20th day of September 1932. And the despondents further say that the said John A. Bowditch the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing to be so subscribed by him and now exhibited to be a codicil to his last will and testament and these despondents did thereupon subscribe their names at the end of said will as subscribing witnesses thereto, and at the request of and in the presence of said testator, And these despondents further say that at said time when the testator subscribed his name to the codicil to the last will and Testament as aforesaid the said John A. Bowditch was of sound mind and disposing memory, of full age to execute a will and was not under any restraint to their knowledge, information and belief of these despondents and further these despondents say not. E. F. Watson Joseph M. Murphey Subscribed and sworn to before me this 4 day of September 1933 Fred Poffitt Clerk Superior Court State of North Carolina Yancey County In the Superior Court before the Clerk In Re: Estate of John A. Bowditch, Deceased Order for Probate A paper writing purporting to be the Last Will and Testament of John A. Bowditch, Deceased, is exhibited in open Court for probate by Frank Bowditch, executor therein named. An the execution there of is proved by oath and examination of G. F. Washburn and Miss Doris Hill, subscribing witnesses thereto and the execution of the codicil thereto attached was proven by oath and examination of E. F. Watson and Jos. M. Murphey subscribing witnesses thereto. And it is further shown to the satisfaction of the court by said witnesses that the said John A. Bowditch was at the time of making said will of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information and belief. It is thereupon considered, adjudged and decreed that the said proof is sufficient and according to law, and that said paper writing is and contains the Last Will and Testament of John A. Bowditch, deceased. And on motion it is ordered that the said will be admitted to probate and recorded in the Book of Wills of Yancey County and as such filed as provided by law in the office of the Clerk of the Superior Court of said County. It is further ordered that the said Frank Bowditch be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties imposed by said trust. This 4th day of September, 1933 Fred Proffitt Clerk Superior Court ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Sandra Fender fender@hci.net ___________________________________________________________________