YANCEY COUNTY, NC - WILLS - John Elkins, 15 Feb 1889
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The Last Will and Testament of John Elkins, February 15, 1889

Yancey County Record of Wills
Volume #2, page 54
Microfilm # C.107.80001
 

I JOHN ELKINS of the County of Yancey and State of North Carolina, Being now 
of sound mind and memory but considering the uncertainty of all Earthly 
Blessings 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 provide for my 
body a decent burial suitable to the wishes of my relatives and friends and 
pay all funeral expenses together with my just debts whatsoever and to 
whomsoever owing out of the proceeds that may come into their hands 
hereinafter provided for.
I hereby declare that my wife MARY ELKINS shall have no part in Estate neither 
dower nor years provision for the following reasons. 1st she married me and 
only lived with me only two months and was absent from me three weeks of that 
time in Tennessee and after her return back she ----- about ----- the 
settlement declaring she wasn't satisfied and almost abandoned me during that 
time. She then employed B. N. Maney to hall her things back to Tennessee while 
I was absent from home on business and has been a resident of the State of 
Tennessee for the last twelve months, not being a helpmate as is required by 
the bonds of Matrimony and love and for this reason I hereby declare that she 
shall have no part of my estate.
I give and bequeath to my Daughters MARTHA ELKINS and TELITHA C. ELKINS and
my son MELVIN A. ELKINS all that tract of land on which my dwelling now stands 
to be absolutely their own property when my youngest daughter TELITHA becomes 
of full age. I hereby reserve the rite to all my children that is now living 
with me to live on said lands and work together til my daughter TELITHA 
becomes of full age, the said lands to belong solely to MARTHA, TELITHA and 
MELVIN A. ELKINS with the rite to sell and convey to any of my said children 
or anyone else by the consent of my said Executors.
My will and desire is that my said children who now lives with me shall hold 
and occupy all my other lands and cultivate them and live off of the products 
til my daughter TELITHA C. ELKINS becomes of full age then my said Executors 
to sell all said lands upon twelve months credit with note and approved 
security according to law, title reserved til paid for, now if my aforesaid 
children shall abandon or fail to cultivate said lands so as to not make 
support for my said minor children then my said Executors is hereby empowered 
and authorized to rent said Lands and apply their proceeds to the use and 
maintenance of my said minor children til TELITHA becomes of full age. The 
proceeds of the sale of the lands to be equally divided among the following 
children towit: MITCHEL ELKINS, JAMES ELKINS, DAVID ELKINS, JOHN W. ELKINS, 
ELIZABETH MELTON, and the heirs of TRISSA BALL, her children to have her equal 
share, each one to file a schedule of what I have advanced to them to my said 
Executors.
My will and desire is that my children who now lives with me shall have the 
use of all my personal property, household and kitchen furniture and 
provisions on hand to use, work and live off of except what I hereinafter 
otherwise provide til my youngest daughter TELITHA becomes of full age, then
my said Executors to sell all of said property according to law and divide the 
proceeds thereof equally among all my said children. If my children shall fail 
to take care of said property or abandon it then my will is that my said 
Executors shall sell it and reserve the proceeds til my daughter TELITHA 
becomes of full age.
My will and desire is that my said Executors shall collect all debts due or 
owing to me and the money on hand and apply the proceeds to the payment of my 
debts, funeral expenses and Administration charges, then if this shall fail to 
be a Sufficient amount to pay all the above charges then my said Executors to 
sell a sufficient amount of my personal property to pay the remainder of said 
debts and charges of their own choosing that can be best spared by my said 
children.
My will and desire is that my said Executors shall be the sole guardian of all 
my minor children till they come of full age.
And lastly I do hereby appoint my son David Elkins and my trusty friend J. ?. 
Blankenship my lawful Executors 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 clause thereof in witness whereof I the said John Elkins do 
here unto set my hand and seal this the 15 day of February 1889.
Signed Sealed Published and declared by the said Elkins to be his last will 
and Testament in the presence of us who at his request and in his presents do 
subscribe our names as witnesses thereto.

John Elkins, by his mark (x)
Atest.
J. B. Elkins
Charles Lisenbee