YANCEY COUNTY, NC - WILLS - W. K. Honeycutt, 28 Feb 1934 --------------¤¤¤¤¤¤-------------- Yancey County Book of Wills pages 542-547 Transcribed by Sandra Allen Fender I, W. K. Honeycutt do make and publish this as my last will and Testament hereby revoking and making void all others by me at anytime made. First: I direct my funeral expenses and all my debts be paid as soon after my death as possible out of any moneys that I may be provided of or may come into the hands of my executors. Second: I give and bequeath to Joanna Honeycutt Wilson all my real estate and personal property. Lastly: I do hereby nominate and appoint Wash Wilson my executor without bond. On Witness whereof I do to this my will set my hand this the 28 day of February, one thousand, nine hundred and thirty four. W. K. Honeycutt Signed and published in our presence, and we have subscribed our name hereto in the presence of the testator, this the 28 day of February, one thousand, nine hundred and thirty four. R. (N. or H.) Warrick M. A. Whitson ***** North Carolina Yancey County In Superior Court before the Clerk Application for Probate of Will of W. K. Honeycutt Wash Wilson & wife Johanne Wilson vs Sadie Honeycutt Westel Honeycutt Lonnie Honeycutt Ruadie? Honeycutt Clifford Honeycutt Lester Honeycutt Leona H. Wilson To the Clerk of the Superior Court of Yancey County Wash Wilson, the executor named in the Last Will and Testament of W. K. Honeycutt, hereby makes application and purpounds for probate a paper writing purporting to be the Last Will and Testament of W. K. Honeycutt, deceased, and showest: That W. K. Honeycutt died in Yancey County on the 6th day of April, 1934. That the deceased testator left surviving him a widow, Sadie Honeycutt, and children, Westel Honeycutt, Lonnie Honeycutt, Ruadie Honeycutt, Clifford Honeycutt, Lester Honeycutt and Leona Honeycutt Wilson. And that these parties are all the heirs and distributees of his estate. And that the plaintiffs are the sole beneficiaries in his said will. That the value of the property of which he died seized is about $1000.00 consisting of a half interest in 12 acres of land and some personal property consisting of goods in a store, sawmill, a few tools and a little household furniture. Wherefore the plaintiff prays the court the summons be issued for all the defendants and that the will be probated in solemn form. Wash Wilson ****** North Carolina Yancey County Wash Wilson being duly sworn says that he has read the foregoing application for probate of will in solemn form and knows the contents thereof, and that the same is true of his own knowledge except as to matters therein stated on information and belief and as to these he believes it to be true. Wash Wilson Subscribed and sworn to before me this 19th day of April 1934 Fred Proffitt Clerk ***** North Carolina Yancey County In the Superior Court before the Clerk Summons Wash Wilson and wife Johanna Wilson vs Sadie Honeycutt Westall Honeycutt Lonnie Honeycutt Ruadie Honeycutt Clifford Honeycutt Lester Honeycutt Leona Wilson The State of North Carolina, To the Sheriff or other lawful officer of Yancey County. Greetings: You are hereby commanded to summons Sadie Honeycutt, Lonnie Honeycutt, Westall Honeycutt, Ruadie Honeycutt, Clifford Honeycutt, Lester Honeycutt and Leona Wilson, if to be found in Yancey County to appear before the Clerk of the Superior Court of Yancey County at his office in Burnsville within thirty days from the date of service of this summons, and show cause, if any can be shown, why this paper writing now propounded in the office of said clerk for probate as the Last Will and Testament of W. K. Honeycutt, deceased, shall not be probated in solemn form. _____ each of the defendants take notice that unless they file a caveat to the probating of said will within thirty days after date of service of the ____ that the plaintiffs will make application for the probating of said will in solemn form and if same be probated thereupon that the defendants will be forever barred from contesting same thereafter. Herein fail not and of this summons make due return. This the 20th day of April 1934 Fred Proffitt Clerk Superior Court ***** Service of the foregoing summons accepted this the 20th day of April 1934, and receipt of copy of this summons and copy of the application for probate of the will are hereby acknowledged. (signatures of all those who received the summons) ***** (Will is transcribed here on page 545) North Carolina Yancey County R. (N. or H.) Warrick and M. A. Whitson being each duly sworn, each says for himself that the attached paper writing, purporting to be the last Will and Testament of W. K. Honeycutt has this day been exhibited to him and that at the request of W. K. Honeycutt, he signed the same for the purpose of witnessing it as the last will and testament of W. K. Honeycutt and that the said W. K. Honeycutt signed and executed the same in the presence of each of the said witnesses and declared it to be his Last Will and Testament and the said ____ each signed the same in the presence of the deceased testator and in the presence of each other. And each affiant says further that the deceased at the time of executing said will was in the opinion of the affiant of sound mind and memory and had sufficient mind to make and execute his last will and testament. And that the affiants neither have any interest, finiacial or ____ in the estate of the deceased testator. M. A. Whitson R. (N. or H. ) Warrick Subscribed and sworn to before me this 19th day of April, 1934 W. M. Duncan Justice of the Peace ***** Order of Probate This cause coming on for hearing and being heard upon the application of the plaintiffs for probate of the Last Will and Testament of W. K. Honeycutt, deceased, and it appearing that the paper writing propounded, consisting of one typewritten page and dated the 28th day of February, 1934 and witnessed by the witnesses, M. A. Whitson and R. (N. or H.) Warrick and that same is and has been proven by the oath and examination of said witnesses who state upon oath that said paper writing was duly signed by each of them in the presence of said testator, who in their presence declared the same to be his last will and Testament and it further appearing that the plaintiffs, propounders, have caused summons to be issued, and a copy of the application for probate of said will to be duly served on each and all of the deponents, who are all the parties and heirs at a law of said W. K. Honeycutt, who might have any interest in his estate, and more than thirty days having lapsed since the serving thereof. It is thereupon considered, ordered and adjudged that said paper writing and every part thereof is the Last Will and Testament of W. K. Honeycutt, deceased and that said will has been probated in solemn form with all the parties before the court and it is ordered that said will together with all the proceedings probating same be recorded in the Record of Wills of Yancey County. This 21st day of July, 1934 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 ___________________________________________________________________