YANCEY COUNTY, NC - WILLS - William "Billy" Ray, 23 Sep 1879 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Marshall L. Styles marshallstyles@yahoo.com ==================================================================== The Last Will and Testament of William "Billy" Ray of Yancey County (1808 - March 1883). Transcribed by Marshall L. Styles, marshallstyles@yahoo.com Contributor's Note: Billy Ray was the son of Thomas Lee Ray, Jr. and Ivey Hensley. He was twice married. His first wife was Jane Elizabeth Jennings, daughter of Revolutionary War veteran James Jennings and Hannah Martin. After Jane died, he married widow Elizabeth Matilda Allen of Yancey County. During his married years, he had affairs with several local women. One affair was with Susannah Boon, by whom he had a son Nathan Boon. Nathan is noted both in the Will of his grandfather Thomas Ray, as well as in the will of "Billy." Another affair occurred with Matilda Allen prior to their marriage, and produced a son named Lee Allen. Yet another affair occurred when Billy was 55 years old and the subject of his affections was 17-year old Michel Styles. From that affair were born twin sons, James Monroe Styles and John William Styles, born 1864 in Yancey County. Both of the Styles boys are noted in Billy's Will. Prior to Billy's death, his second wife, Matilda, filed for a divorce, perhaps for obvious reasons. He died within two months of the filing, but before the divorce was finalized. Hence, Matilda was still his wife at is death. Billy's legitimate children by Jane Jennings were Myra, Hannah L. (married Hezekia Ray), Edward Burton (an epileptic, married Ann Proffit), Thursa (married Nathan Anderson), Margaret M. (married Nelson Wilson), Mary L. (married Cornelius Edwards), John Henry (married Mary Lynch), Hiram Hunter (married Mary Ann Byrd Wilson), Thomas S.(married Margaret Hester Byrd), and Martha Elizabeth Jane Ray (married Confederate veteran Capt. David Michael Ray). "Last Will and Testament of William Ray, Sr. of the County of Yancey and the State of North Carolina: "Being favored by all wise Providence, having lived out my three score and ten years as allotted to man, now being seventy years old, being of sound mind and memory and enjoying good health at this age, but considering the uncertainty of my earthly existence and the certainty of death, for it is appointed unto man a time to die. Therefore, I do make, publish and declare this my last will and testament, hereby annulling, revoking any and all wills heretofore made, and this above shall have any force and effect this end, I say. "Item I. First, I bequeath my soul to God who gave it, and my body to the earth from whence it came. "Item II. That my executors, hereinafter named, shall provide for my body a decent burial, suitable to the wishes of my relatives and friends, and pay all my funeral expenses, together with all my just debts out of the first money that may come into their hands out of the collection of debts due me or from the sale of personal property of my estate. "Item III. I give and devise unto my beloved wife Matilda in lieu of dowry, being set apart as law, and for her dowry during her natural life, a certain tract or parcel of land on which we now live as follows: Beginning on a white haw tree on the west bank of Hinton's Creek opposite some large rocks, on the east side of said creek, and runs with a conditional line this day marked by myself, a west course to a small wild plum bush in the fence row, then same course with the fence to a bunch of hazelnut bushes and a rock set up, then a southwest course through the corner of the field to a white oak in the edge of the woods on a hillside, then same course, only a little south up a ridge to a small white oak and pointer, then a west course up the ridge, to a small chestnut and pointers, then curves but turns to the west side of the ridge crossing the head of a hollow to a black oak and bearing on a ridge to a small red oak sapling and maple pointer, then a west course on top of the ridge in the line of tract number 3 to a chestnut oak. The corner of J.H. Ray's tract, deeded to him by William Ray, on then west to said line to David Proffit's old line, then with the said line to J.G. Wilson's east line, then on an east course with said Wilson's line to the white oak at the road, then with said Wilson's line a southeast course to Young Allen's line, then Young Allen's line to the mill creek, then down said creek to Hinton's Creek to the white haw tree, the beginning. Supposed to contain one hundred acres more or less, including my dwelling, all outhouses; and my will to have and to hold during her natural life in lieu of dowry being set apart by law and at the death of my beloved wife Matilda. It is my will that the above described premises be settled on, and I will and bequeath the same to Willie Wilson, J.M. Wilson, Hiram Wilson and Zebulon Wilson, sons of my daughter Margaret Wilson, deceased, to share and share alike. "Item IV. I further will and bequeath to my beloved wife Matilda the following property in lieu of year's allowance as at law. To wit: Two houses and a horse and mare at her own selection, two cows at her own selection, one beef at her own selection, all hogs, pork and bacon on hand, one hundred and fifty bushels of corn, it that amount on hand, or twenty bushels of wheat. All hay on hand, all oats and fodder on hand, all poultry on hand and five bee stands of her own choice, all the household and kitchen furniture of any kind except one bed stead and ample clothing for the same, and fifty dollars in cash at once if on hand at my decease, to be paid to her as soon as possible, at least in ninety days. "Item V. I have heretofore given and deeded to my daughter Hannah Ray, wife of Barnett Ray, one tract of land known as the George Wilson tract on Bald Creek; therefore I will her nothing. "Item VI. I have heretofore deeded to E. Burton Ray two small tracts of land deeds bearing date 24th May, 1876; therefore I will him nothing. "Item VII. I give and devise to Brejetta Jarvis, Robert Anderson and Margaret George, my grandchildren, daughters and son of my daughter Thursa Anderson, deceased, a parcel of land adjoining lands of J.H. Ray and others, and numbered in this will as tract #3. Beginning on a black walnut on the west side of Hinton's Creek and on the north side of the old hedge on fence row that divides the meadow and the long bottom field, about one hundred and fifty yards from the mouth of Hinton's Creek [note: this was later referred to as William Ray's Mill Creek] and runs a southwest course, with the fence or hedge row to a large white oak at the edge of the woods, then same course direction to a small poplar up on the hillside, then the same course, only a little farther south to a white oak and pointers on top of this ridge, then a west course on top of the ridge to a red sapling and gum and maple pointers, then a west course on top of the same ridge and down a swag and up the ridge to a chestnut oak, J.H. Ray's corner of deed made to him by William Ray, to the river, to the mouth of Hinton's Creek to the beginning, containing seventy five acres by estimation. "Item VIII. I have heretofore deeded and given my daughter Margaret Wilson, deceased, who was the wife of N.M. Wilson, one tract of land known as the George and Thomas Wilson Land; then see item #3 for the benefit of Margaret's children. "Item IX. I have heretofore given to my daughter Polly Edwards a certain piece of land that I bought of Major John Edwards and deeded to C.W. Edwards, her husband at that time, by Major John Edwards by my consent; therefore, I will her nothing more in this will. "Item X. I have heretofore given and deeded to J.H. Ray two tracts of land, deeds bearing date 24th May,1876. See deeds. Therefore I give him nothing in this will (his will has been delivered). "Item XI. I have heretofore deeded and given to my son Hiram and his wife Polly, in the lifetime of my son Hiram, one tract of land where Polly Wilson now lives. She was the wife of Hiram, but now the wife of Elbert Wilson. Said lands I think are worth an over plus or more than an equal share of my estate; therefore it is my will that this land shall be a full share to any and all of real and personal estate, and they shall have nothing further whether willed or not, the above to be satisfaction in full. "Item XII. I give and devise to my granddaughter, Cora Ray, only daughter of my son Thomas Ray, deceased, a certain tract or parcel of land adjoining lands of J.H. Ray and others. Beginning on top of a ridge on a white oak, J.H. Ray's corner and runs with said land to the river, then down the river to the corner between Major John Edwards and William Ray's corner on a locust, then a west course to the line of E.B. Ray, then with said line to a white oak on a ridge between S.A. Ray and Maunuda Rowland, and runs said Ray's line to a south course to the Greenlee Line, then with said line and the B.H. Johnston line to J.H. Ray line to the beginning. I also give and devise to the said Cora Ray a second tract of land containing 25 acres deeded to me by R.B. Johnston, October 28, 1872, and duly registered on book six, page 599, and for a more specific description see registered book of said county. "Item XIII. I give and devise unto my daughter Elizabeth Ray, wife of Captain D.M. Ray, one bedstead and all necessary pillows, ticks, feathers and covering suitable for the same, as set out in latter clause of Item IV of this will. [Note: there is no mention of either of these persons in that clause.] The above is all that I will Elizabeth of any and all of my personal property and real estate, for various reasons that I could state, all of which are well known to me, and I am well satisfied with the above, and it is my will that she have nothing more, whether the same devised or left out of the will, nothing further in either event. Item XIV. I give and devise to Nathan Boon Ray for reasons hereinafter stated, one parcel of land, situated and lying and being between tract, known in this will as the home tract, and number 3, or lower tract, herein devised to N.B. Ray, is designated the middle tract, or tract number 2. Beginning on a white haw tree that stands on the west side of Hinton's Creek, opposite some large rocks on the east side of said creek, and runs a west course to a wild plum bush in the fence row, then with the fence a west course to a hazelnut bush and a rock set up in the fence row. Then a southwest course through the corner of a field to a white oak in the edge of the woods on a hill side, then running a little south and up the ridge to a small white oak and pointer, then a west course up the ridge to a small chestnut, and pointers, then same course but leaves the ridge and turns to the west side, and a west course with a line this day marked out by myself, and crosses the head of a hollow to a black oak and pointer on a ridge, then a southwest course up the ridge to a small red oak sapling and gum and maple pointers, then an east course down the ridge and with the sough line of tract number 3, or lower tract, to Hinton's Creek to a black walnut, the beginning corner of tract number 3, or lower tract, then up Hinton's Creek to the white haw tree to the beginning. "The reasons for all gifts and devise in this will to N.B. Ray are: 1st, I do now and at all times have recognized him as my son. [Note: Nathan Boon Ray was an illegitimate son of William "Billy" Ray and one Susannah Boon] 2nd, for his service that he rendered me all through life and especially for the very valuable service rendered my dead wife, given her long and protracted sickness, said services rendered both by day and night. These services have been very valuable to me and should ever be remembered by all the children of their dead mother and for the consideration of one dollar to me in hand paid by the said N.B. Ray. I make to him the devise above, and the devise hereinafter made. "Item XV. I will and devise that, inasmuch as my son E. Burton Ray is afflicted with epilepsy, that the heirs of my daughter Margaret Wilson (dead) trust Willie Wilson, J.M. Wilson, Hiram Wilson, and Zebulon Wilson pay or cause to be paid to my grandson Bacchus Ray thirty-three dollars and thirty- three and one third cents in good trade, to be paid within twelve months after the demise of my wife Matilda, and the $33.33 1/3 shall be a lien on the devise of said heirs until the same be paid. "Item XVI. I will and devise that the heirs of Thursa Anderson, deceased, to wit, Brejetta Jarvis, Robert Anderson, and Margaret George pay or cause to be paid to Bacchus Ray thirty-three and one third dollars in good trade, to be paid within twelve months after my demise, and the same to be in lien on the land devised to them. The above three parcels of $100.00 is made to said Bacchus Ray to help pay him to take care of his father as stated in Item XV. "Item XVII. I further give and devise unto N.B. Ray and the heirs of my daughter Thursa Anderson, deceased, to wit, Brejetta Jarvis, Robert Anderson and Margaret George, a certain tract or parcel of land situated and lying in the County of Yancey and State of North Carolina on Bald Mountain Creek, adjoining lands of J.H. Ray, David Profitt and others, known as the lands I purchased of David Profitt and described in his deed to me as the Redfern Lands. One-half of said lands I will and devise to N.B. Ray, the other half to the heirs of Thursa Anderson, as named above, to be divided as they may agree. And for a more specific description see deed executed to me by David Profitt and registered in Book number 2, page 31 and 342, J.R. Ray's old book, and is a small consideration for the above devise. I will that N.B. Ray pay John W. Styles the sum of twenty-five dollars cash, or its equivalent within twelve months after my demise. Also, that the above name heirs of Thursa Anderson pay to J.M. Styles the sum of twenty-five dollars cash or its equivalent within twelve months of my demise. "Item XVIII. Whereas all gifts and donations have not been set out in full, for there are many that are not named; therefore, if any of the heirs or parties who are beneficiaries of this will shall enter a dissent to the same to prevent its probate, that any and all who do this shall forfeit all right gifts and devises made to them. [Note: An dissent, they did. Before Billy even died, some began scheming on ways to get more out of Billy's will. A lengthy court battle ensued between his descendants after he died. The full estate record is explored below.] "Item XIX. I will and devise that my executors hereinafter named shall at my demise sell on such terms as may seem just and proper all and every of my personal property and real estate, should there be any undisposed of, and make a division of the same between N.B. Ray, the heirs of Thursa Anderson, deceased, and the heirs of Margaret Wilson, deceased; that is to say, one third to N.B. Ray, one third to the three heirs of Thursa Anderson, deceased, and one third to the heirs of Margaret Wilson, deceased. And that all of my debts be collected and that they be distributed just on the same principal and to the same parties that the above property is devised, to wit, N.B. Ray, heirs of Thursa Anderson and heirs of Margaret Wilson. "Item XX. It is my will that in the event that my granddaughter Cora Ray, the only child of my son Thomas Ray, deceased, should die without issue, that the land set apart to her in Item XII shall revert from her, and I will and devise that the land so devised to her, in the event of her death without issue, be divided equally between N.B. Ray, Thursa Anderson's heirs and Margaret Wilson's heirs, one third to Margaret Wilson's heirs to be divided as the will. "And I do hereby appoint and constitute Nathan B. Ray and Nathan Anderson my lawful executors in fact and in law to all intents and purposes to execute and carry out this my last will and testament. I hereby enjoin it upon them to carry out the same according to the true intent and meaning of the same and every part and clause thereof in full, and I hereby appoint William M. Moore attorney to the Executors of my last will and testament. In witness whereof I, the said William Ray, Sr., do hereby set my hand and seal this September the 23rd day of A.D., 1879. "Signed, sealed and published by the said William Ray, Sr. in the presence of us, subscribing witnesses and in the presence of each other. Attest: W.C. Towe, T.J. Gardner; William Ray [Seal] [Note: W.C. Towe's father-in-law, Calvin J. Edney, had witnessed the Last Will and Testament of William Ray's father, Thomas L. Ray, Jr.] "Codicil: In the name of God, Amen. I, William Ray, being of sound mind and deposing memory, but being admonished by my age and feeble body of my approaching dissolution, do hereby make and publish and declare the following as a Codicil to my last will and testament made and published on the 28th day of September 1879, that is to say: "Item I. First, I hereby reaffirm, and redevise and republish said will as my last will and testament, except insofar as the same may be changed and modified by this codicil. "Item II. Whereas in my former will published as aforesaid, I desired to provide for the comfort and maintenance of Matilda, my wife, and whereas, since that time she has been guilty of drunkenness, adultery, and an attempt to destroy my life, I hereby revoke and recall so much of Item III of said will as devises to the said Matilda anything, and declare that it is my will that she is entitled to nothing, and I hereby change so much of said Item III of my said will as follows. That the land in said item as devised to her for her life remainder, to Margaret Wilson's heirs, to wit, William Wilson, J.M. Wilson, Hiram Wilson, and Zebulon Wilson, sons of my daughter Margaret Wilson, deceased, shall at my death go to said William Wilson, J.M. Wilson, Hiram Wilson and Zebulon Wilson, and their heirs forever, to each of them share and share alike. [Note: J.M. (James Monroe) Wilson would be prominent in the settlement of William Ray's estate.] "Item III. I will that so much of Item IV of my said will as given and devised and bequeathed personal property to Matilda and money is hereby revoked, and is my will that the said property and money therein shall go to my executors and be disposed of by them as the property is disposed of in Item XIX in said will; that is to say, divided between the heirs of Margaret Wilson, the three heirs of Thursa Anderson, heretofore named, and N.B. Ray. "Item IV. Item IV of my will is changed and the amount therein named for the heirs of Margaret Wilson to pay after the death of Matilda shall, in lieu of awaiting her death, be payable one year after any litigation seeking to destroy my will shall have ended. "I hereby reaffirm my will and declare and publish the same as my will when taken and modified as in this codicil named, that is to say my will made the 23rd day of September, 1879, as changed by this codicil is my last will and testament, and I hereby declare and publish the same as and for my last will and testament on this 14th day of _____ 1883 in the presence of us. J.M. Gudger, J.S. McElroy. William Ray [Seal} "In the Matter of the Probate Will of William Ray, Sr., Deceased: "W.C. Tow, being by me duly sworn, deposes and says that he is a subscribing witness to the will of William Ray, deceased, offered herein, that William Ray, deceased, subscribed, declared and published said paper writing as and for his last will and testament in the presence of affiant and that T.J. Gardner subscribed the same at his request in my presence, and that he was in my opinion of sound mind and disposing memory. Sworn and subscribed before me on April 21, 1883. W.C. Tow "T.J. Gardner, being duly sworn disposes and says that he signed the paper writing herein as a witness to the same that William Ray, deceased, signed, published and declared the same as and for his last will and testament that the said William Ray signed the same in my presence and that W.C. Tow and myself signed the same at his request and in his presence, and in the presence of each other as subscribing witnesses thereto and that he was at the time of doing the same, in my opinion, of sound mind and disposing memory. Sworn and subscribed before me on April the 21st, 1883. T.J. Gardner "In the Matter of the Probate of the Codicil to the Will of William Ray, Sr: "J.M. Gudger, being by me duly sworn, deposes and says that he is a subscribing witness to the codicil to the will of William Ray, Sr., deceased, offered herein, that William declared, subscribed and published said paper writing as and for a codicil to his last will and testament, in the presence of affiant and that J.S. McElroy subscribed the same at his request, in my presence, and that he, William Ray, Sr., deceased, in my opinion, was of a sound mind and disposing memory at the time of signing the same, so help me God. J.M. Gudger "Sworn to and subscribed before me this April the 23rd, 1883. S.B. Briggs, Clerk Superior Court [I had a conversation on August 21, 1994 with Jack McIntosh, 84 year-old descendant of Billy Ray and son Edward Burton Ray. Jack said that in spite of Billy's codicil, Matilda managed to maintain possession of the land after Billy died, and Lee Allen raised his family on that land.]