YANCEY COUNTY, NC - WILLS - Henry G. Grindstaff, 4 Mar 1935 --------------¤¤¤¤¤¤-------------- Yancey County Book of Wills Pages 553-556 North Carolina Yancey County I, Henry G. Grindstaff, 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. 1st My executor hereinafter named, shall give my body a decent burial suitable to the wishes of my beloved wife and friends and relatives and pay all my funeral expenses together with all my just debts out of the first money which may come into his hands belonging to my estate. 2nd I give and devise to my beloved wife, Laura, the tracts of land on which I now reside containing 348 acres for sustenance only during her natural life and in satisfaction of her dower rights. 3rd I give and bequeath to my nephew, J. Z. Grindstaff, or his heirs the sum of $25.00 dollars to be paid by my executor within two years from the death of my beloved wife and of the money from my estate. 4th I give and bequeath to my friend, William Wilson or his heirs the sum of $25.00 to be paid by my executor within two years of the death of my beloved wife and to be paid from my estate. 5th I give and bequeath to my nephew, A. E. Effler or his heirs, the sum of $5.00 to be paid by my executor within two years of the death of my beloved wife out of the moneys from my estate. 6th I give and bequeath to Bud Grindstaff, son of J. Z. Grindstaff, for his good and kindly treatment during my last and declining years, after the death of my beloved wife, all my firearms, clock, all my household and kitchen furniture and $500.00 dollars in cash to be given and paid by my executor within two years from the death of my beloved wife, but of the moneys from my estate. 7th I desire that my executor after the death of my beloved wife, erect a marker to the graves of our dead bodies suitable to the wishes of our relatives and friends and pay for same out of the moneys from my estate. 8th I give and bequeath to my beloved wife, all the household and kitchen furniture, 7 head of cattle, all my bees , all my farming implements, tools, harnesses, hay, corn, and all the growing crops on the plantation where I now live and all the provisions on hand at the time of my death. Ninth I hereby give and bequeath to my beloved wife all the moneys that I may have on hand or all that is due me at the time of my death. Tenth It is my will and desire that my executor or his successor, shall after the death of my beloved wife, give her body a decent burial, suitable to the wishes of her friends and relatives and pay all funeral expenses out of the moneys of my estate. Eleventh My will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above mentioned shall be sold by my executor or his successor and debts owing to me be collected and if there should be any surplus out and above the payment of debts and expenses and legacies, that such surplus shall be deposited in some good banking institution in Yancey or Mitchell County for three Trustees of the Lilly Branch Church, Mitchell County. And said trustees shall only be allowed to use the interest on said moneys for the period of 10 years then the trustees shall come into full possession of said funds for the benefit of said church, said church being the Missionary Baptist Church, Lilly Branch, Mitchell County. Said trustees, that the church may name, be required to give bond for at least equal the amount that may be turned over for said Church. Twelfth I hereby constitute and appoint my trusty friend, L. M. Robinson, 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 clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said Henry G. Grindstaff do hereunto set my hand and seal this the 4th day of March 1935. Henry G. Grindstaff (by his mark x) Signed sealed published and declared by the said Henry G. Grindstaff 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. Cecil Burgin Ethel Burgin L. M. Robinson Mattie Burgin J. R. Burgin State of North Carolina Yancey County In the Superior Court before Fred Proffitt, Clerk In Re: Estate of Henry G. Grindstaff, Deceased Order for probate of Will A paper writing purporting to be the Last Will and Testament of Henry G. Grindstaff, Deceased is exhibited before me the undersigned Clerk of the Superior Court for said County by L. M. Robinson the executor therein mentioned and the due execution thereof by the said Henry G. Grindstaff is proved by the oath and examination of Cecil Burgin, Ethel Burgin, Mattie Burgin, J. R. Burgin, the subscribing witnesses thereto, who being duly sworn, doth depose and say and each for himself disposeth and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the Last will and testament of Henry G. Grindstaff: that the said Henry G. Grindstaff, in the presence of these deponents subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 4 day of March 1935. And this deponent further saith, that the said Henry G. Grindstaff, the testator aforesaid did at the time of subscribing his name as aforesaid, declared said paper writing so subscribed by him and exhibited to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator and the deponent further saith that at the same time when the said testator subscribed his name to the Last will as aforesaid, and at the time of the deponent subscribing his name as attesting witness thereto as aforesaid, the said Henry G. Grindstaff was of sound mine and memory, of full age to execute a will and was not under any restraint to the knowledge, information or belief of this deponent. And further the deponents say not Ethel Burgin Mattie Burgin J. R. Burgin Cecil Burgin Severally sworn and Subscribed this 23rd day of March 1935 before me: Fred Proffitt Clerk Superior Court North Carolina Yancey County In the Superior Court It is therefore considered and adjudged by court that the said paper writing and every part thereof is the last will and testament of Henry G. Grindstaff, deceased. Let said will together with the probate be recorded and filed. This 23rd day of March 1935 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 ___________________________________________________________________