YANCEY COUNTY, NC - WILLS - James Henry Clay Edney, 5 May 1932 ==================================================================== 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: Marshall Styles marshallstyles@yahoo.com ==================================================================== Last Will and Testament of James Henry Clay Edney, Yancey County, NC, 1932. Includes the records of the contested probate of the Will. Transcribed and submitted by Marshall L. Styles, marshallstyles@yahoo.com Jim Edney wrote his last will and testament on 5 May 1932, or so it appeared from first examination of the Yancey County Will Books in which the original was recorded. A search for additional information on the Edney families in that county brought an interesting story to light. Those records reflect: "State of North Carolina. Yancey County. I, James Edney, of the aforesaid County and State, being of sound mind, but considering the uncertainty of my earthly existence, do make and declare this my Last Will and Testament. "1. My executrix hereinafter named, shall give my body a decent burial and pay all funeral expenses, together with all my just debts, out of the first money that may come into their hands belonging to my estate. "2. I give and devise to my beloved daughter Ida Austin all the real estate that I now own, containing two tracts of land in Prices Creek Township, Yancey County, State of North Carolina. "1st Tract, adjoining the lands of J.W. [John] Shepherd, James Edney, and others and bounded as follows: Beginning on a buckeye on the east side of Indian Creek, and runs S.E. with the public road to what is known as the old Horton line ... containing 5 acres, more or less. "2nd Tract, Containing all that parcel of land bought of __?__ Shepherd, adjoining the lands of J.W. Shepherd, W.J. Shepherd, and others, with all its metes and bounds, containing 24 acres, more or less, which deed is now recorded in the office of the Register of Deeds of Yancey County. "3. I also bequeath to my daughter Ida Austin all of my personal property and all the money which I may have in hand at the time of my death, and also my pension [Confederate] that may be paid after my death. "4. I hereby appoint and constitute my beloved daughter Ida Austin my lawful executrix to all intents and purposes to execute this my last will and testament according to the true intent and meaning of same, and every part and clause thereof -- hereby revoking and declaring utterly void all other wills and tstaments by me heretofore made. In witness whereof I, the said James H. Edney do hereto set my hand and seal, this the 5th day of May, 1932. {Signed} James (x) Edney. Witness S.J. Bennett. Signed, sealed, published and declared by the said James H. Edney 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 thereto. {Signed} J.R. Edwards, S.R. Hensley." The probate of his Will follows: " ~~ Order of Probate of Will ~~ A paper-writing, purporting to be the last will and testament of James H. Edney, deceased, is exhibited for probation in open court by Mrs. Ida Austin, the executrix therein named; and the due execution thereof by the said James Edney is duly proven by the oath and examination of J.M. Edwards, and S.R. Hensley, subscribing witnesses thereto; and it is further shown to the satisfaction of the court by Dr. J.B. Gibbs and the subscribing witnesses that the said James H. Edney 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. "It is therefore considered, adjudged and decreed that the said proof is sufficient and according to law, and the said paper-writing is and contains the Last Will and Testament of James H. Edney, deceased. And on motion it is ordered that the Will be admitted to probate and be 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 Ida Austin be allowed to qualify as executrix as provided by law and enter upon the discharge of the duties empowered by said trust. This 14th Day of May, 1932. {Signed} Fred Proffitt, Clerk, Superior Court." Jim's state Confederate Veterans' pension that was due him at the time of his death came into dispute during the estate settlement. "November 14, 1932. Heirs at Law of James Edney, deceased. Pension check due to James Edney, June 15, 1932. Edney having died in May preceding, ownership of the check has been in dispute, but the State Pension Board has sent to me the following amount, $182.50, endorsed as follows: "At a meeting of the State Board of Pensions on November 10, 1932, it was ordered that the pension of James Edney, Yancey County, be paid to Fred Proffitt, CSC, of Yancey County, for the use of the three daughters of James Edney. {Signed} Baxter Durham, Secretary, State Pension Board." Mr. Proffit then secured the signatures of Ida Austin, Guylula Hensley, and Mrs. Arthur Robinson for their equal shares of $60.83 each. The odd penny went to Mrs. Robinson. Things didn't go too well after that for Ida. Her sister, my aunt Narcissus "Sis" Edney Robinson (Mrs. Arthur Robinson) just didn't like what she heard when their father's will was read. Something seemed amiss, so to speak. So, aunt "Sis" filed a lawsuit the following February, 1933. The record of that suit is noted in the Yancey County Superior Court docket book 10, page 532, in the case of Mrs. Arthur Robinson vs. Ida Austin, regarding the Will of James Edney. "North Carolina, Yancey County. In the Superior Court. This cause coming on to be heard before His Honor, Judge P.A. McElroy and a jury, and the jury having answered the issues in the record in favor of the caveators, as follows: 1. "Was the paper-writing propounded as the Last Will and Testament of James Edney written, signed, witnessed and executed in accordance with the formalities required by law for the execution of a valid Last Will and Testament? ANSWER: "Yes". 2. "Did James Edney, at the time the paper-writing purporting to be Last Will and Testament of the said James Edney, to wit, the 5th day of May, 1932, have sufficient mental capacity to execute the same?" ANSWER: "No". 3. "Was the execution of the paper-writing purpoting to be the Last Will and Testament of James Edney procured by the fraud or undue influence of Ida Austin and others?" ANSWER: [Left blank] 4. "Is the paper-writing propounded, and every part thereof, the Last Will and Testament of James Edney, deceased?" ANSWER: "No". "It is thereupon ordered, adjudged and decreed by the Court that the paper-writing and every part thereof, purporting to be the Last Will and Testament of James Edney, is declared NOT to be the Will of James Edney, and the propounder of said paper-writing, being the sole legatee named in said paper-writing, shall take nothing by virtue thereof. "It is ordered, adjudged and decreed by the Court that the Caveators shall recover judgment against the propounder, Ida Austin, for the costs of this action, to be taxed by the clerk -- $119.15. {Signed} F.A. McElroy, Judge Presiding. Docketed 2-15-1933 at 10:45 A.M., F. Proffitt, CSC" And so it was, that Ida was caught in some underhanded dealings, as did the two men who supposedly witnessed the Last Will and Testament of James H. Edney. Ida was left with nothing, after attempting to have it all.