YANCEY COUNTY, NC - WILLS - James C. Proffitt, 12 Nov 1870
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Last Will of James C. Proffitt,  November 12, 1870
Yancey County Record of Wills
Volume # 2, page 2
Microfilm # C.107.80001

James C. Proffitt Will

I JAMES C. PROFFITT of the County of Yancey and state of North Carolina being 
of Sound mind and disposing Memory and calling to mind the certainty of death 
and the uncertainty of life and being desirous before going hence to dispose 
of such worldly goods as a kind providence hath blessed me with do hereby make 
and publish this my last will and testament.
1st I give and bequeath my soul to God with a full confidence and assurance 
that he will accept it through the merits of Jesus Christ his Son.
Second I desire that my body shall be decently buried and funeral expenses 
fully paid.
Third I give and bequeath to my Son NICHOLAS W. PROFFITT the following Tract 
of land situate in said County of Yancey Beginning on a white oak on the South 
Side of a hill near a----Hollow (There follows a long precise description of 
the land in degrees and poles. Mentions McElroy Creek, Robert Holcombes line 
and Hintons Creek) to the beginning, contains three hundred and Eighty acres 
more or less and valued by me at Eight Hundred Dollars and which I shall call 
Lot No. 1 to have and to hold to the said NICHOLAS W. PROFFITT and to his 
heirs and assigns forever.
Fourth I give and bequeath to my Son HIRAM A. PROFFITT ------- tract or parcel 
of land also situated in Said County of Yancey and adjoining Lot No. 1 above 
mentioned beginning on the Chestnut Oak corner of Lot No. 1 on a knob on the 
mountain dividing the waters of Hintons and McElroy Creek and runs with said 
Mountain (description in degrees and poles) containing two hundred and three 
acres be the same more or less and valued by me at Eight Hundred Dollars and 
which I call Lot No. 2 to have and to hold to the said HIRAM A. PROFFITT and 
to his heirs and assigns forever.
5th I give and bequeath to my Son ALBERT H. PROFFITT the following described 
tract or parcel of land also situate in the said County of Yancey. Beginning 
on a large beech on the West side of the McElroys Creek (description in 
degrees and poles. Mentions Samuel L. Wilsons corner and his line and the crop 
fence between J. C. Proffitt and James Wilson) containing one hundred and 
three acres more or less and valued by me at Six Hundred dollars and called by 
me Lot No. 3 to have and to hold the same to the said ALBERT H. PROFFITT and 
to his heirs and assigns forever.
6th I give and bequeath to my dearly beloved wife MARY E. PROFFITT the 
following described tract or parcel of land situate in Said County of Yancey 
and adjoins the above mentioned Lots No. 2 and three (description in degrees 
and poles) containing four hundred and eighty six acres be the same more or
less and valued by me at twenty five hundred dollars. And in as much as about 
Seventeen hundred dollars of the above was of my Said wife received from the 
estate of her father, retained by me in purchasing lands herein before 
disposed of, She is to have an undivided half of Said last mountain tract in 
fee simple and the other undivided half during her natural life and at her 
death the said last mountain undivided half I give to my four daughters MARTHA 
J., JULIA F., CLARISSA H. & HARRIETT D. To be Equally divided between them. 
But should either of Said Daughters die before attaining majority and without 
Issue, I desire the surviving daughters to inherit the interest of Said 
deceased daughter or daughters to the exclusion of the Brothers herein 
before provided for. This provision for my beloved wife is made ----------- in 
the confident expectation that she will ------to my three Sons, HIRAM H., 
NICHOLAS W. and ALBERT H., Her right of Dower ------and -------in the ----- 
herein before given to them.
7th I also give to my beloved wife a tract of land in fee simple known as the 
Beaver tract containing fifty eight acres adjoining the home tract and the 
lands of Samuel L. Wilson and William Wilson together with all the residue of 
my Estate of any description whatever and as indebtedness amounts to about 
five hundred dollars, Said Beaver tract of land and said residue of my Estate 
is given to my said Beloved Wife subject to the payment of Said Indebtedness.
I hereby nominate constitute and appoint my worthy and trusty friend WILSON 
HENSLEY and my dearly beloved wife Executor and Executrix of this my last will 
and testament hereby revoking all wills hereto before by me at any time made. 
In Testimony whereof I have hereunto set my hand and seal this 12th day of 
November AD 1870.

J. C. Proffitt

Signed Sealed & delivered in our presence by the testator and we are
witnesses of the same at his bequest.
David Proffitt
S. T. Proffitt