YANCEY COUNTY, NC - WILLS - Ephraim Piercy, 21 May 1873
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Yancey County Record of Wills
Volume #2, page 19
Microfilm # C.107.80001

Ephraim Piercys Will

In the Name of God Amen
I EPHRAIM PIERCY of Yancey County in the State of North Carolina being about 
Seventy nine years of age calling to Mind that I must close this Mortal Life 
and being anxious to dispose of the property that God has blessed me with in 
this world while my mental facilities are allowed to me feeling sure that I am 
yet of sound and disposing mind and memory do make and publish this my last 
Will and Testament.
In the first place I direct all of my just debts if any I owe to be paid out 
of my personal property Estate by my Executors hereinafter named.
Secondly I desire my funeral to be plain at the discretion of my wife if she 
survives me. In relation to my property Real and Personal I devise and 
bequeath it as follows:
First of all I devise to my dearly beloved wife MATILDA the tract of Land on 
Elk Fork of Caney River adjoining Lands of WILLIAM SILVERS & others containing 
fifty acres, being land that I purchased of my Father BLAKE PIERCY and on 
which I am having some Improvements made, to her and her heirs forever and I 
also give and bequeath to my Said wife all my personal property of Every Kind 
and description Consisting of all the horses and other live stock, household 
and Kitchen furniture, farming Tools, debts & Money on hand at my death. 
Subject only to the payment of my debts that I may owe and my funeral expenses 
all of which Devise & bequeath I give in lieu and instead of Dower, Years 
allowance and distributive share in the ---------------.
In the next place I will and devise all of my Home farm, the tract on which I 
live and My Son W. E. PIERCY, my Daughters CELIA WOODARD and SALLY HOUSTON 
reside containing about six hundred acres more or less on both sides of Prices 
Creek and on the Road leading from Burnsville to Asheville, also the Ogle 
Place on the mountain four or five miles from the Home place and on which I 
keep my cattle on in summer containing one hundred and fifty acres. To my son 
WM. E. PIERCY, my daughter POLLY ELIZA ELLIOTT now a widow, to my son JOHN W. 
PIERCY now residing in Texas and to my daughter CELIA WOODARD, wife of WILLIAM 
WOODARD to be by them owned and held forever each having an equal share or 
interest in and to be by them divided amongst themselves as they may agree and 
I direct that the shares allotted to my said daughters be to their Respective, 
Sole and Separate care and Remain from any control of any husband and at the 
death of my said Daughters, their respective portion or share shall go to 
their surviving children Respectively and if it shall ever become necessary to 
sell the share of either of my said Daughters to enable her to remove or for 
other causes the same shall only be sold by the Sanction of the Superior Court 
or by the Judge thereof and the proceeds shall be under the discretion of Said 
Court invested in other lands with like -------- So as to secure the Same to 
my said Daughters and their children. To my daughter SARAH married to Dr. 
THOMAS A. HOUSTON I give nothing and this for reasons satisfactory to myself. 
The treatment that I have received at the hands of said HOUSTON and others of 
his family renders this exclusion necessary and proper. The permissive 
occupancy of a corner of my land by the said SALLY and family and if I should 
allow it during my lifetime is not be taken as an Evidence that I desire to 
leave anything to her or any member of her family.
I hereby nominate constitute and appoint my said wife MATILDA Sole Executrix 
of this my last will and Testament and desire that she be not required to give 
any security therefor as the ----------- is for her own use.
In Testimony wereof the said EPHRAIM PIERCY the Testator hath hereunto set his 
hand and seal in presence of the undersigned who have Subscribed the same in 
his presence and in the presence of Each other, May 21st, 1873.

Ephriam Piercy
Test
N. W. Woodfin
Thos. D. Johnston