BOOK C: Page
299
To the Surrogate
of the County of Essex, I, John P. Gruet, excutor named in the last will
of Linus M. Price,
late of the City of Newark, in the County of Essex and the State of New
Jersey do hereby apply for probate of said will and shows that the next
of kin and his heirs of said Linus M. Price...as follows: Sarah A. Price,
mother....James E. Price, brother ....Fredrick H. Price, brother...Frank
L. Price, brother...Lizzy H. Barry, sister...Catherine W. Gruet, sister
hereinafter follows the will:....
Newark, New Jersey,
February 26, 1890
I, Linus M. Price
of Newark, Essex County and State of New Jersey hereby make my will this
26th day of February, 1890....in testimony whereof I hereunto set my hand....signed
Linus M. Price, witnessed by Arson Adams and W.W. Flannagan.
BOOK C: Page
302.
The will of Rebecca
Baird
State of North
Carolina
County of Buncombe
I, Rebecca
Baird, widow of Joseph C. Baird and now residing
at Alexander in the State and County aforesaid. Hereby revoking all others
made by me, do make, publish and declare this my last will and testament....that
my body be buried beside the grave of my husband in the cemetery at Alexander
Chapel....all my property etc. over to my special friend, Theodore F. Davidson
in a special trust in confidence to be held and employed by him for the
following uses and purposes and none other....establish a trust that will
be paid to the Grand Masonic Lodge of North Carolina...with dividend and
profits going to the Oxford Assembly and Orphanage....appoint eh said Theodore
F. Davidson the executor of this will. In testimony whereof, I have hereunto
set my handh and seal, this 31st day of January 1890. Signed....Rebecca
Baird.
Witnessed by:
T.S. Morrison
J.M. Johnson.
Severally sworn
and subscribed this 23rd day of may 1894. J.L. Cathey, CSC.
BOOK C: Page
306
Article of agreement
made and entered into this 28th day of July 1894 between Alfred
Wilson and his wife Sarah Wilson. The said
Alfred Wilson wills all his property to his wife Sarah Wilson....this will
is made in good faith and as such and in the presence of these witnesses,
I sign this same day, the 28th day of July 1894. Signed by Alfred Wilson.
Witnessed by
J.C. Crook; W.E. Martin.
Severally sworn
and subscribed this 16th day of June 1894, J.L. Cathey, CSC.
BOOK C: Page
309
North Carolina,
Buncombe County.
I, Florella
McNeil of the County and State aforesaid being
of sound mind and memory but of uncertain eartly existence do make and
declare this my last will and testament....I give and bequeath to my daughter,
Lula Rachel Jackson, the wife of Benjamin J. Jackson...to my grandson,
Arthur Lance...appoint my son-in-law, Benjamin J. Jackson as executor of
this will. In witness whereof, I the said Florella McNeil do hereunto set
my hand and seal this 3rd of July 1894.
Signed by Florella
McNeil.
Witnesses: S.F.
Chapman, Frank Carter.
Severally sworn
and subscribed before me J.L. Cathey, CSC.
BOOK C: Page
312
North Carolina,
Buncombe County.
In the name of
GOD, Amen. I, David Garren
of the said County and State being of sound mind and disposing memory and
understanding. Praise be to GOD....for the same makes it prudent to make
a general disposition of my property...to my beloved wife, Margaret...
a tract of land bought from John E. Young, Joseph E. Henry, Joseph Garren...Rosella
Patton...to my son, Joseph R. Garren...my deceased son Josiah Garren,...my
deceased son John Garren...my deceased daughter Hannah Young...in witness
whereof I have hereunto set my hand and affixed my seal this 12th day May
1884.
Signed, David
Garren.
Witnessed: M.C.
Toms; J.W. Morgan; W.A. Samette.
Severally sworn
and subscribed 27th day of October 1894 by J.L. Cathey, CSC
BOOK C: Page
317
In the name of
GOD, Amen. I, Anna B. Grossback
of the City of Philadelphia...being in sound and disposing mind and memory...do
make and publish this my last will and testament...to my brother, R.Benoit
Grossback...in witness whereof I make direct and hereunto set my hand and
seal the 26th February 1881...
Signed, Anna
B. Grossback. Signed, sealed, published and declared to be the last will
and testament, witnessed by Charles J. Junkins, George W. Roberts.
It is now considered
and adjudged and decreed that said paper writing..is a true copy of the
said will of Anna B. Grosback, deceased .. be allowed, filed and recorded,
signed J.L. Cathey, CSC, 18 November 1894.
BOOK C: Page
327
State of North
Carolina, Buncombe County.
Know all whom
it may concern, this is my last will and testament...to my loving wife,
Lenona Frady....control of the place known as the Henderson land which
was bought from Don Henderson...my sons, J.B. and B.A. Frady be my executors...to
this my last will and testament this 14th day of October 1894.
Signed: J.A.
Frady.
Witnessed: W.M.
Nettles; T.L. Redman; W.A. Israel.
Sworn and subscribed
before me this 1st day of November 1894, J.L. Cathey, CSC.
BOOK C: Page
330
I, Lavina
C. Israel of the County of Buncombe and State
of North Carolina being of sound mind and memory do make publish this my
last will and testament in the manner and form following:... to my beloved
daughter Mary E. Morgan. ... to my grandchildren Bernice Morgan and Mattie
Morgan, Eva Clark and Herman Clark ... to my beloved son William L. Israel...to
my beloved son R.L.Israel ... to my beloved daughters, Laura T. Clark,
Miram S. Owensby, Eva L. Bryson ... to my second son, Samuel Y. Israel,
...to my said sons William L. Israel, Samuel Y. Israel and R.L. Israel...
I appoint my friend C.W. Howell executor of this my last will and testament
... in witness whereof I have hereunto set my hand and seal this 6th day
of November 1894.
Signed, L.C.
Israel.
Witnessed by
D.N. Curtis; F.N.C. Kelly.
Severally sworn
and subscribed this 3rd of December 1894,J.L.Cathey, CSC.
BOOK C: Page
335
I, A.H.
Johnston of the County of Buncombe, State
of North Carolina being of sound mind and memory but considering the uncertainty
of my existence do make and declare this my last will and testament in
the manner and form following that is to say ... I give to my beloved wife,
Mary ... to my daughter, Nancy, wife of John Hunter ... to my son, James
... to my daughter, Harriet ... my son, W.F. Johnston is hereby constituted
and appointed as my legal executor...
Signed, A.H.
Johnston.
Witnessed by
A.J. Sumney, W.R. Murry and W.R. YOung.
In testimony
whereof I have hereunto set my hand and seal this day and date above written
4th day of December 1868 being affirmed as it is appears in the Book of
Wills B, pages 7,8 & 9 this 12th day of December 1894, J.L. Cathey,
CSC.
BOOK C: Page
340
In the name of
GOD, Amen. I,Wylie Hill of
the County of Wilkes and the state of Georgia being in sound mind and perfect
memory do make this my last will and testament in the manner and form following:
.. as I shall state in this my last will and testament February 19, 1837
... my two youngest sons, Wylie P. Hill and Abraham T.W. Hill ... my son,
Burwell P. Hill and his wife Martha ... to my son, Lodswick Hill ... that
my Buncombe County lands and stock ... to be kept together for a retreat
to any of the children ... the children that are married Sarah C.W. Jordon,
Martha P. DuBose, Tabatha M. Duncan, I constitute my wife Martha, executrix
... in witness whereof, I have hereunto set my hand and seal this 18th
day of February 1837. ..... Signed, Wylie Hill.
Signed in presence
of T.L. Walden, Thomas O. Christian and Thomas B. F. Neal.
December 20,
1840 being of sound mind and memory, I make a deed of gift to my dear daughter
Mary A. Duncan of Greenville District of South Carolina - signed, Wylie
Hill.
Note: Entered
into the record on the Record of Wills at Buncombe County, 21st day of
January 1895. J.L. Cathey, CSC.
BOOK D: Page
188
In the name of
God, Amen
I, Abram
Creasman of Grassy Branch, Buncombe County,
State of North Carolina being in fair bodily health and of sound and disposing
mind and memory do make and publish this my last will and testament. ...
to my daughter, Fannie J. Creasman ... hereby appoint Otto Hildebran of
the city of Asheville, County of Buncombe, State of North Carolina.
In witness whereof,
I have unto set my hand and seal this the 1st day June A.D. 1893. Signed
by Abram Creasman.
Witnessed by
W.P. Whittington, J. B. Creasman and Sallie Reed.
Codicil October
18th, 1898 ... that each of my other six children shall receive...
In testimony
whereof, I have hereunto set my hand this the 22nd day of November, 1898,
Jas. L.Wagner, CSC, Buncombe Co., NC
BOOK D: page
189
Will of Jno.
Cunningham of Person Co., NC (listed earlier)
BOOK D: page
196
State of North
Caroina
County of Buncombe
I, Francis
A. Bird of the aforesaid County and State
being of sound mind, bless be GOD. Considering the uncertainty of my earthly
existence, do make and declare this my last will and testament. ... to
my beloved wife, Eliza Bird ... purchased from Elizabeth Gudger and Jesse
L. Gudger ... to be divided equally among Sarah Matilda Patton, Martha
E. Stephenson, Nancy J. Gudger, Mary Ann M. Bird (These are all my children)
... my son, R. Wilson Bird ... appoint my grandson, William F. Patton,
my lawful executor
In witness whereof,
I, the said Francis A. Bird do hereunto set my hand and seal this ?? Day
of ?? 1895.
Signed: F.A.
Bird
Witnessed:
R. L. Shook
Robert M. Wells.
Severally sworn
and subscribed this 1st day of December 1898, before me. Jas. L. Wagner,
CSC.
BOOK D: page
200
Codicil to the
last Will and Testament of Charles B. Benedict.
I, Charles
B. Benedict of Jacksonville, Duval County,
Florida being of sound and disposing mind and memory, do make publish and
declare this to be my codicil to my last will and testament hereinafter
executed by me on the 9th day of May in the year of our Lord 1894 ... to
my wife, Mary E. Benedict ... to Gertrude H. Steele and Helen B. Steele
daughter of my deceased niece, Helen B. Steele of Galesburg, Illinois and
to my nephew, Walter N. Benedict of Jacksonville, Florida ...
In witness whereof
I have hereunto subscribed my name on this the 15th day of June in the
year of our Lord, 1896.
Signed: Charles
B. Benedict
Attending Witnesses:
J. E. Dickerson
of Asheville, NC
J. B. Hollingsworth
of Asheville, NC
Edwin C. Jones
of Asheville, NC
I, Charles B.
Benedict in the city of Jacksonville in the State of Florida being of sound
mind and of disposing memory do make publish and declare this to be my
last will and testament in the manner and form following ... unto Caroline
Whitcomb of Lesminster, Massachusetts ... to my brother, Eugene F. Benedict
of Cleveland, Ohio... Gertrude H. Steele of Galesburg, Illinois, daughter
of my deceased niece, Helen C. Steele ... to Helen B. Steele of Galesburg,
Illinois ... to my nephew, Walter N. Benedict of Jacksonville, Florida
... my farm near the city of Asheville ... my wife, Mary E. Benedict ...
my son, William H. Benedict ... my deceased wife, Ellen A. Benedict ...
my friend, Thomas S. Wilworth of the city of Jacksonville, Florida.
Witness my hand
which I have set to this will, written upon eight sheets of paper this
9th day May 1894
Signed Charles
B. Benedict
Will filed Buncombe
Co. 17th December 1898. T. C. Starnes, CSC
BOOK D: Page
247
The Will of Lizzie
Earle, of the city of Asheville, County of
Buncombe and State of North Carolina,declare this to be my last will and
testament:- ... to my son, William Earle, now a minor ... appoint Mrs Mary
M. Furman, wife of Robert Furman, Esq. Of Asheville, North Carolina.
In witness whereof,
I, Lizzie Earle, to this my last will and testament subscribe my name and
set my seal on this the 26th day of November 1898.
Signed: Lizzie
Earle
Witnesses by:
Joe Earle anbd Carrie D. Furman.
Severally sworn
and subscribed before me this the 17th day of December. T. C. Starnes,
CSC
BOOK D: Page
251
Last Will and
Testament of Mrs. Mary A. Duckett
Know all men
by these presents, that I, Mary A. Duckett of the County of Buncombe and
State of North Carolina do hereby make and publish this my last Will and
Testament ... appoint my personal friend, D. J. McClelland of Eunna (?)
P.O., North Carolina ... to my son, Harly B. Duckett ... among my children
as follows:
Thomas F. Duckett
Noah Duckett
William C. Duckett
Charles M. Duckett
Robert Ed. Duckett
Margaret E. Vaughn
Harriet E. Bailey
Rachel L. Smith
Jesse A. Duckett,
Deceased |
In witness whereof,
I have to this my last will and testament subscribed my name and set my
seal this the twenty-third day of September in the year f Our Lord, 1889.
Signed: Mary
A. Duckett
Witnessed by
: Duff Merrick and Charles A. Moore.
Severally sworn
and subscribed before me this 25th day of February 1899. Marcus Erwin,
CSC. Buncombe Co.
BOOK D: Page
256
July 30th, 1890
Feeling the uncertainty
of life and being of sound mind and wishing for harmony among my dear dear
children after my death, I make a written statement in regard to disposition
of whatever property I die possessed of ... appoint my dear brothers, James
and John Murdock ... except the house where Willie lives ... land which
I bought from William Wilson ... this I gave to my sons, George and William
... to my husband, Malcum Slagle, knowing his weakness for all intoxicants
there is this restriction for his share must be put into a safe investment
so that at his death it may revert to his three boys, Hamilton, James and
Harry Slagle ... my dear George and Willie and my baby, Harry ... let Kate
have it ... hoping that this disposition of my property may be lovingly
carried out is the wish of a loving mother.
Signed: Jane
A. Slagle.
Signed in the
presents of C. J. Deake and Josephine Deake.
In witness whereof,
I have hereunto set my hand and seal of my said court this 2nd day of March
1899.
Marcus Erwin,
CSC Buncombe Co., NC
BOOK D: Page
261
I, Anne
Wagner of the City of Asheville, Buncombe
County, State of North Carolina being of sound mind and memory do make
publish and declare this to be my Last Will and Testament to wit: ... to
my beloved friend, Martha Hicks of Asheville, North Carolina ... appoint
Harrison B. Brown.
In witness whereof,
I have hereunto set my hand and seal this March 18th, 1899.
Signed Annie
Wagner.
Witnessed By:
Harrison B. Brown.
Sworn and subscribed
before me this 25th day of March 1899, Marcus Erwin, CSC.
BOOK D: Page
268
Will and Testament
I, Lizzie
J. Fee being of sound mind and good memory,
knowing the uncertainty of human life and having committed to Jesus Christ,
my Savior ... do wish to arrange the affairs of my earthly life and do
hereby make publish and declare my last will and testament ... appoint
J. E. Rankin, Cashier, Battery Park Bank ... in Riverside Cemetery ...
to Mrs. Charles E. Hilliard ... to Charles Craig Hilliard son of Charles
E. Hilliard and Mary Craig Hilliard ... to his brother, Martin Hardin Hilliard
... notes on Mr. and Mrs. S.P. Conley of Augusta, Bracken Co., KY ... my
home on Elizabeth Street, Augusta Bracken Co., KY ... from my sister, Miss
Annie Fee's estate ... to my cousin, Mrs. A. J. Currens, Covington, KY
to F. J. Sellers and brother Alonzo of Brackin, KY ... appoint Dr. M. H.
Fletcher guardian in trust for Charles Craig Hilliard.
And now I sign
and seal this my last will and testament with my own hand, Lizzie J. Fee,
January 1899.
Witnessed by
W. C. Carmichael and W. F. Snider and H. A. Willis.
Severally sworn
before me this 20th day of April 1899, Marcus Erwin, CSC.
BOOK D: Page
272
In the name of
God, Amen. I, Hannah J. Burnett
being of sound mind and knowing the uncertainty of life do make this my
last will and testament ... to my beloved nephew, J. D. Burnett ... my
sister, L. C. Burnett ... joining the land of M. L. Reed on the waters
of what is know as "Shit Britches Creek".
Signed Hannah
Burnett
Attested : J.
A. Sowells and M .L. Reed.
Severally sworn
and subscribed this 22 day of April 1899, before me.
Marcus Erwin,
CSC.
BOOK D: Page
281
State of OHIO
Hamilton County
In the name of
the Benevolent Father of All, I Eva Virginia
Rielag of Cincinnati, Hamilton County, Ohio
being of sound mind and memory do make and publish this my last will and
testament. ... to my beloved daughter and only child, Mary Francis Rielag.
In witness whereof,
I have hereunto subscribed my name this 28th day of November 1898 as and
for my last will and testament.
Signed: Eva Virginia
Rielag
Attested by W.
E. Decouncey and Mrs. Sarah Bezurah.
Severally sworn
and subscribed this 28th day of April 1899, before me, Marcus Erwin, CSC
Buncombe Co., State of North Carolina
BOOK D: Page
281
State of North
Carolina
County of Buncombe
I, Esther
A. Hammond of the City of Asheville, County
of Buncombe, State of North Carolina being of sound mind and memory but
considering the uncertainty of my earthly existence, do make publish and
declare this my last will and testament in the manner and form following
... to my daughter, Edith M. Townsend, wife of William A. Townsend ...
to my daughter, Iva Maud Hammond ... to my son, Frank U. Hammond ... to
my husband, John W. Hammond.
In witness whereof,
I, the said Esther A. Hammond do hereunto set my hand and seal this the
21st day of April, 1899.
Signed Esther
A. Hammond. Witnessed: Lizzie M. Pickle ??? and J. H. Tucker.
Sworn and subscribed
before me, this 2nd day of May 1899, Marcus Erwin, CSC
BOOK D: Page
287
In the name of
GOD, Amen.
I, Anna
B. Groesbeck of the city of Philadelphia being
of sound and disposing mind and memory do make publish and declare this
as my last will and testament....unto my brother, Benvisit Groesbeck ...
to my brother as listed and Edward Shippen, Esq. ...to Genevieve Groesbeck
of Cincinnati ... to my friend, Miss Alice Carey of Philadelphia.
In witness whereof
I have hereunto set my hand and seal this twenty-sixth day of February
A.D. 1881
Signed Anna B.
Groesbeck.
Signed sealed
and published and declared by the above named testatrix to be her last
will and testament Charles J. Jenkins and Geo. M. Roberts.
...will allowed
and recorded in the book of Wills of Buncombe Co., NC, J. L. Cathey, CSC
Proved and witness
my hand and the seal of said Court this the 4th day of May 1899, Marcus
Erwin, CSC
BOOK D: Page
323
North Carolina
Buncombe County
I, Calib
Johnston of the aforesaid County and State
and being of sound mind and memory but considering the uncertainty of earthly
existence do make publish and declare this my last will and testament ...
to my son, Henry Johnston ... my sons, Law and Paul Johnston ... to my
grandson, Paul Johnston ... Cole Washington ... H. B. Brown appointed as
guardian of my grandson.
In testimony
whereof, I hereunto set my hand and affix my seal, this the 1st day of
May 1899.
Signed Calib
Johnston.
Witnessed by:
Gives Faucet
James J. Steele
I. Washington
Carolina Peary
Sworn and subscribed
before me this 15th day of May 1899, Marcus Erwin, CSC
BOOK D: Page
287
I, Elisha
R. Kirlee of the County of Buncombe, State
of North Carolina being of sound and disposing mind and memory of my own
free will do hereby publish and declare this my last will and testament
revoking all other wills and codicils heretofore by me made. ... to Elisha
J. Kirlee, Martha D. Hemphill, Columbus P. Kirlee, Howard Kirlee, Sarah
E. Walker, Nancy Buckner
My last will
and testament made, published and declared this the 20th day of August
1897
Signed: Elisha
R. Kirlee
Signed , sealed,
published and declared in our presence ... hereunto subscribed our names
as witnesses:
John H. Martin
James W. McKoy
Purvis Briggs
Severally sworn
and subscribed this 24th day of July 1899 before me, Marcus Erwin, CSC
BOOK D: Page
332
Will
I, Anna
Margarethe Jensen of the City of Asheville,
the State of North Carolina being of [sound and disposing memory do make
and publish this my last will and testament ... to my dear friend, Charlotte
Poyas Walker ... to my niece, Jorgina Mavin McGeoeg ... to W. J. Walker,
Jr. the larger picture of his aunt ... to Susan E. Hatch
Signed: Annie
M. Jensen
Ravin Lewis
Susan E. Hatch
Severally sworn
and subscribed before me this 4th day of August 1899, Marcus Erwin, CSC
BOOK D: Page
337
In the name of
GOD, Amen.
I, Cordelia
M. Erwin West of the County of Buncombe, State
of North Carolina being of sound and disposing mind and memory and recalling
the fraility and uncertainty of human life and being desirous of settling
my worldly affairs and directing how the estate which has please GOD to
bless me shall be disposed of after my decease, while I have strength and
capacity so to do, do make publish, ordain and declare this to be my last
Will and Testament ... to my daughter, Anne Edward West, near the Town
of Montford being the same land conveyed to me by J. E. Reed and Sallie
L. Reed his wife by deed on 26th day of April 1895 ... to my two daughters,
Anne Edward West and Cordelia E. McDowell (wife of James E. McDowell) ...and
my friend, J. E. Rankin.
In testimony
whereof, I hereunto subscribed my name and affixed my seal, to this my
last will and testament this twenty ninth day of July in the year of our
LORD, 1897.
Signed: Cordelia
M. E. West.
Witnessed by:
Sophia A. Lockwood,
New Orleans, LA
Thos. A. Jones,
150 Cumberland Ave., Asheville, NC
Severally sworn
and subscribed before me this 8th day of August 1899, Marcus Erwin, CSC,
Buncombe Co., NC
BOOK D: Page
345
I, Emily
M. McDivitt of Asheville, North Carolina,
do hereby make this my last will and testament ... to my niece, Emily M.
Bartlette of Paris, France ... at the death of my husband, Samuel P. McDivitt.
Signed: Emily
M. McDivitt, Asheville, NC March 16, 1898
Signed, sealed
and executed by the testatrix in the presents of us ... as attesting witnesses,
signed:
J. W. Norwood
E. R. Lucas
E. Sluder.
Sworn and subscribed
before me this the 30th day of August 1899, Marcus Erwin, CSC
BOOK D: Page
350
"Exhibit A"
I, Belle
Henry Floyd of the City of Richmond in the
State of Virginia do make this my last will and testament ... to my mother,
Mrs. W. A. Henry ... to my sister, Nettie Henry Stanback ... to my brother,
Paul Chase Henry ... to the "Retreat for the Sick" ... to Mrs. J. M. Kriuly
(?) Of Staunton, Virginia ... to Miss Lucy Luck of Newport, Augusta County,
Virginia ... to Miss Eileen Guigon of Staunton, Virginia and sister of
A. B. Guigon, Esq. Of Richmond, VA ... my Uncle, General R. M. Henry now
buried at Waynesville, North Carolina ... William Commons? Now buried at
Asheville, North Carolina ... to my beloved husband, Thomas Roan Floyd.
In testimony
whereof, I, Belle Henry Floyd have hereunto set my hand, seal this 3 day
of June A.D. 1899.
Signed: Belle
Henry Floyd,
... ordered to
be filed and recorded in this court, this December 21, 1899.
Signed Marcus
Erwin, CSC
BOOK D: Page
355
I, William
L. Hunt of the City of Cincinnati, Ohio, being
of sound and disposing mind and memory, do hereby make and publish this
my last will and testament ... unto my beloved wife, Eleanor G. Hunt
In witness whereof,
I have hereunto subscribe my name this 15th day of May 1897.
Signed: William
L. Hunt.
Witnessed by
Julias Fleshmann
F. Fischbein
BOOK D: Page
363
I, Christina
Kay Colvin, wife of James G. Colvin of the
County of Buncombe and State of North Carolina being of sound and disposing
mind and memory do make and publish and declare this my last will and testament,
hereby revoking ... to my husband, James G. Colvin.
In witness whereof,
I have hereunto set my hand and seal at Asheville in the County of Buncombe
and the State of North Carolina, this 8th day of February AD, 1900.
Signed Christina
Kay Colvin
Witnessed by
James C. Brown
of Asheville NC
Albert M. Ballanger
of Asheville, NC
Mrs. Elizabeth
Bell of Asheville, NC
Severally sworn
and subscribed this the 20th day of February 1900. Signed: Marcus Erwin,
CSC Buncombe County, NC
BOOK D: PAGE
367
LAST WILL AND
TESTAMENT OF LAN MITCHELL.
In the name of
GOD, Amen. I,Ian Mitchell,
in the city of Asheville, County of Buncombe and the State of North Carolina
being sick and weak in body but of sound mind, memory and understanding
and considering the certainty of death and the uncertainty thereof, and
to the end that I may be better prepared to leave this world, whenever
it shall please GOD to call me. I do therefore make and declare this, my
last will and testament in the manner following, that is to say: to my
beloved wife, Roxie Mitchell.
In witness whereof,
I have hereunto subscribed my name and affixed my seal this 7th day of
November 1898.
Signed Ian Mitchell.
Witnessed by:
S.N. Durham
T.L. Durham
Severally sworn
and subscribed before me, this 21st day of February 1900, Marcus Erwin,
CSC.
BOOK D: PAGE
371
"Exhibit A"
I, Thomas
Jackson Fitzgerald, of the town of Niapalis,
Virginia, being of sound mind and memory and realizing the uncertainty
of life, do hereby make this my last will and testament in the manner and
form as follows: to wit: ... to my precious wife, Mary Woodson Fitzgerald
... of my brick manufacturing business of N. A. & T. J. Fitzgerald,
situated and operating in Danville, Virginia.
Signed and sealed
this the Fifteenth day of March in the year of our Lord, Eighteen Hundred
Ninety-Five:
Signed: Thomas
Jackson Fitzgerald.
Witness: Henry
Wakefield, Jr.
N.A. Fitzgerald
Recorded and
filed this 23rd day of February A.D. 1900, Marcus Erwin, CSC, Buncombe
County., NC
BOOK D: PAGE
376
I, ANNIE
M. COLVIN of Asheville, NC do make this my
last will and testament as follows: ... to my mother, Eliza Orr Colvin
... to my brother, Jas. G. Colvin, executor of this my last will and testament,
Witness my hand and seal this April 8th, 1900.
Signed Annie
M. Colvin
Witnessed: H.
Taylor Rogers
James A. Brown
Sworn and subscribed
before me this 18th day of April 1900, Marcus Erwin, CSC, Buncombe County,
NC
BOOK D: PAGE
380
In the name of
GOD, amen. I, Joseph Warren Clapp
of West Asheville in the County of Buncombe near Asheville, State of North
Carolina being in good mental and physical health but considering the frailty
and uncertainty of human life and being desirous of directing how the property
with which GOD has blessed me, shall be disposed of after my decease do
now therefore deem it expedient and proper to make and publish this my
last will and testament ... to my beloved wife, Mary Bassett Clapp.
In testimony
whereof, I the said, Joseph Warren Clapp have set my name and affixed my
seal this the eighteenth day of April in the year of our Lord, One thousand
Eight hundred and Ninety-Eight.
Signed: Joseph
W. Clapp
Witnessed by:
George F. Scott
H. Hawkins
Severally sworn
and subscribed this the 18th day of April 1900, Marcus Erwin, CSC.
BOOK D: PAGE
387
State of North
Carolina
County of Buncombe
I, Robert
B. Vance now residing at Alexander in the
County and state aforesaid do make and publish this my last will and testament
... to my son, David Vance ... I now reside in the Alexander Hotel ...
which I own jointly with my son, James N. Vance ... to my son, Zebulon
F. Vance ... to my daughter, Mary Cox ... for the use of her daughter,
Harriet Cox ... to my wife, Lizzie R. Vance ... direct that my body be
buried in Riverside Cemetery at Asheville, NC ... that my former wife remains
be removed and reinterred next to me with room reserved for the burial
of my wife, Lizzie ... Next follows a statement concerning land purchased
from A. M. Alexander and mentioning the following names Wm. F. Davidson,
H. C. Davidson, Theo Davidson, Miss Morrison Shepherd.
In testimony
whereof, I have hereunto set my hand and seal too this my last will and
testament this the 21st day of February AD 1898.
Signed: Robert
V. Vance.
Signed, sealed
and declared by us as witnesses: A. J. Davidson W. F. Davidson A. L. Hunter.
Severally sworn
and subscribed before me this the 7th day of May 1900, Marcus Erwin, CSC.
BOOK D: PAGE
405
State of North
Carolina
County of Buncombe
I, A.
Frick of the City of Asheville and County
and State aforesaid being of sound mind and memory, but considering the
uncertainty of my earthly existence do make and declare this my last will
and testament in manner and form following: That is to say ... to my wife
Caroline Frick ... nominate my friends, J. E. Rankin and A. Rankin.
Signed: A. Frick
Witnessed: M.
Dempsey
A. J. Summey
Sworn and subscribed
before me this 18th day of April 1902, Marcus Erwin, CSC.
BOOK D: PAGE
408
The State of
Wisconsin
Vernon County
Court, in Probate
Know all men
by these presents that I, Elmer H. Craig of
City of Viroqua, Vernon County in the State of Wisconsin being of sound
mind and memory and mindful of the uncertainties of human life do make
and publish and declare this my last will and testament that is to say
... to my wife, Charity R. Craig.
In witness whereof,
I have hereunto set my hand and seal at the City of Viroqua this twenty
second day of November 1894.
Signed: Elmer
H. Craig.
BOOK D: PAGE
417
I, Nancy
Hunter of Buncombe County being of sound mind
and memory, but considering the uncertainty of earthly existence, do make
and declare my last will and testament ... to my beloved son, Zebulon Stroup
... hereby constitute and appoint my brother, William Johnston.
Signed, sealed
and published and declared by the said Nancy Hunter to be her last will
and testament in the presence of us, who at her request and in her presence
do subscribe our name and witness thereto.
Signed: Nancy
Hunter
Witnessed: J.
L. Wolf
W. E. Hemphill
Severally sworn
and subscribed before me this 14th day of August 1900, Marcus Erwin, CSC.
BOOK D: PAGE
423
State of North
Carolina
County of Buncombe
I, Laura
E. Hunt, wife of H. C. Hunt of the City of
Asheville in the State and county aforesaid do make and publish this my
last will and testament ... to my son, Rufus G. Hunt ... the house on Chestnut
St. now occupied by Mr. G. A. Greer as a residence.
Written by Laura
E. Hunt
February 28,
1899
...Delia Exum,
Colored who has so long served me faithfully as cook and servant ... the
lot next to Rachel Love ... to my daughter, Laura Mears ... to my granddaughter
... to my niece, Laura Hunt, daughter of Joseph Hunt ... to the Christian
Church of Asheville worshiping at the corner of Woodfin and Spruce Streets
... to my four children, to wit ... Edwin Howard Hunt, Fannie G. Wife of
Gastin Mears, Mammie A. Wife of Blakley K. Summers and Rufus G. Hunt ...
my husband, H. C. Hunt.
In testimony,
whereof I have unto set my hand and seal this the twenty second day of
August AD, 1896.
Signed Laura
E. Hunt.
Severally sworn
and subscribed before us as witnessed:
Mrs. W. F.C.
Fellows
Daisy Laramore
Theo. T. Davidson
John Hay Williams
Sworn and subscribed
before me this 18th day of Sept. 1900, Marcus Erwin, CSC.
BOOK D: PAGE
430
North Carolina
Buncombe County
I, Thomas
E. Brown of the city of Asheville, County
of Buncombe, State of North Carolina being in health of body and of sound
mind and memory, but considering the uncertainty of my earthly existence
do make publish and declare that this my last will and in manner and form
following, that is to say: ... to my beloved wife, E. W. Brown ... to my
son, Lewis V. Brown ... to my daughter in law, Mrs. Addie Brown, wife of
my son, Frank Brown.
In witness whereof,
I, Thomas E. Brown do have hereunto set my hand and seal this __ day of
January 1896.
Signed Thomas
E. Brown
Signed, delivered
and published by the above named Thomas
E. Brown.
Witnessed by
George S. Powell
W. F. Suiter
Sworn and subscribed
before me this 11th day of Sept. 1900, Marcus Erwin, CSC
BOOK D PAGE
436:
North Carolina
Buncombe County
I, E.
W. Brown, wife of Thomas E. Brown of the city
of Asheville, county of Buncombe and State of North Carolina being of health
of body and of sound and disposing memory and understanding but considering
the uncertainty of my earthly existence do make publish and declare my
last will and testament in the manner and form following that is to say:
... to my beloved husband, Thomas E. Brown ... to my friend, Anna L. Scripture
... to my son, Lewis V. Brown of Asheville, NC ... to my daughter in law,
Addie Brown wife of my son, Frank Brown.
In witness whereof,
I, E. W. Brown have hereunto set my hand and seal this 19th
day of February 1896.
Signed E. W.
Brown
Signed seal and
delivered and witnessed by
George S. Powell
W. F. Suiter
Sworn and subscribed
before me this 11th day of Sept. 1900, Marcus Erwin, CSC
BOOK D: PAGE
443
I, William
Findley being of sound mind with full knowledge
of the meaning of this document and by my own free will and request do
hereby make this my last will and testament.
I hereby appoint
Josh Colviss, my sole executor.
Signed William
Findley
BOOK D: PAGE
446
State of North
Carolina: March 27, 1899
Buncombe County
In the name of
God, Amen. I Dianah Cooper
of the City of Asheville, County of Buncombe and State of North Carolina
being of feeble body, sound mind, memory and understanding, praise God
for the same do make this day my last will and testament in the manner
and form as follows: ... to my son, John E. Cooper ... to my grandson,
Robert Cooper ... to Jason Ashworth ... to my granddaughter, Marity Nanny
Jim (?) ... to my daughters, Amanda Patillo and Sue Stuart ... to my daughter
in law, Nancy Jane Cooper ... and the portrait of my husband, Alexander
Cooper. I, the said Dianah Cooper of Asheville do nominate, constitute
and appoint Julius L. Jenkins ...
Signed: Dianah
Cooper
Witnessed by
R. J. Whitaker
R. W. Cooper
Witness my hand
and seal this the 5th day of Nov. 1900 Marcus Erwin, CSC.
BOOK D: PAGE
450
I, John
Glasglow of the City of Asheville, County
of Buncombe and State oif North Carolina do make, declare and publish this
for and as my last will and testament ... to my wife, Mary Glasglow of
Asheville, NC ... to my sister, Hattie C. Boone opf New Bright, Staton
[Staten] Island, New York ... to my niece, Mary Bolden of Greenville, SC
... to Thomas A. Wood of Asheville, NC.
In testimony
whereof, I have hereunto set my hand and seal this the 13th
day of Septemeber 1900.
Signed: John
Glasglow
Witnessed by
B. M. Jones
H. B. Brown
Severally sworn
and subscribed before me this 14th day of November 1900.
Marcus Erwin,
CSC.
BOOK D: PAGE
455
This is my last will
and testament. I do will and bequeath to my wife, Mauerva Alparita Craig
... my nephew, Chas. R. Mitchell ... to my father, Alexander Mitchell.
The above is
my last will and testament. Signed this 11th day of July 1898.
Signed: Thomas
Francis Mitchell
Witnessed by
N. L. Ownsley
T. E. Davis.
Severally sworn
and subscribed before me this 27th day of November, 1900.
Marcus Erwin,
CSC
BOOK D: PAGE
460
In the name of
God, Amen.
I, Humphrey
P. Corn of the County of Buncombe, State of
North Carolina being in sound and disposing mind and memory do make and
publish this my last will and testament ... to my beloved wife, Nancy Ann
Corn ... equally among my legal heirs as follows: H. B. Corn, J. L. Corn,
F. E. Black, R. W. Ingle, S. E. Whitaker, M. E. Whitaker, D. S. Ingle and
J. C. McKewey.
In witness whereof,
I the said H. P. Corn have hereunto set my hand and seal, this the 10th
day of March 1893.
Signed: H. P.
Corn.
Attested: H.
B. Corn
G. M. Whitaker
F. L. Whitaker.
Severally sworn
this 10th day of December 1900.
Marcus Erwin,
CSC.
BOOK D: Page
464
August 1, 1899
A. C. Robinson Will
Bettie Hurley
$20.00
Tomb Stones 100.00
Family Grave
Yard 50.00
Gospel 100.00
A.
C. Robinson Will Book
I will Bettie
Hurley 20.00 that is all I owe to one and all. I am worth $1000.00.
I give all of
them as much as I allowed to. ACR
I will SA Lusk
$25.00 that she will not pay ...I give M. M. Robinson my testament, my
Texas Chair, my bed wear and springs.
"From probate
papers"
That the said
AC Robinson died in June 1900 and to the best of our knowledge and belief
said A. C. Robinson was of sound mind and memory up to and within
a short time of his death. Witnessed By: Thos. Anderson
H. J. Surrett
Joseph Capp
Sworn and subscribed
before me this 12th day of December 1900, Marcus Erwin, CSC.
BOOK D; Page
486
State of North
Carolina
Buncombe County
I, Pleasant
Israel of the aforesaid County and State being
of sound mind and memory, but considering the uncertainty of my earthly
existence, I do make and declare this my last will ad testament ... my
son, Thomas Israel ... between Mrs. Geo. Coats, R. L. Patton, J. Burleson,
Nancy Israel, and Webb Israel ... my daughter, Nancy Israel and Webb Israel
...
In testimony
whereof, I, Pleasant Israel set my hand and seal this 12th day
of July 1899.
Witnessed by:
R. C. Wells
R. L. Buckner
Sworn and subscribed
before me this 18th day of March 1901, Marcus Erwin, CSC
BOOK D: Page
470
"Exhibit" "A"
I, N. Lauran
Gudger being of sound mind ad knowing the
uncertainness of life, do make this my last will and testament ... to my
beloved wife, Alice L. Gudger ...
Witness to signature:
R. B. Roberts, Asheville, NC
Geo. E. Harkins,
Asheville, NC
Sworn to and
subscribed before me, this the 1st day of April 1901, signed
Marcus Erwin, CSC
BOOK D:Page
475
In the name of
GOD, Amen.
I, Joseph
Gaudway of Ross's Creek, Asheville Township,
Buncombe County and State of North Carolina being of sound mind but feeble
bodily and realizing the uncertainness of life and the certainness of death
do make this my last will and testament ... my land adjoining Gale E. Roberts
... to my beloved wife, Harriet Gaudway ... my children John, Samuel, Maggie,
Mary, Clarence, Eva, Lilian and Hallie. In witness whereof, I have this
26th day of November 1900, set my hand and seal.
Signed Joseph
Gaudway
Witnessed by:
Otto Ludebroud (?)
Julia E. Roberts
Sworn and subscribed
before me this 9th day of April 1901, Marcus Erwin, CSC.
BOOK D: Page
479
This is the last
will and testament of Mrs. Eliza Johnston.
...to my nephew, David Mason of Greenville, Tennessee ... in control of
Robert U. Garrett of Buncombe County., NC ... children of my nephew, Willie
Nelson ... my body be buried in family grave yard in Greenville, Tennessee.
Witness my hand
and seal this 7th day of October 1897.
Signed Eliza
Johnston.
Witnessed: W.O.
Muller
Rob. V. Miller
Sworn and subscribed
before me, this 25th day of May 1901, Marcus Erwin, CSC.
BOOK D: Page
484
In the name of
GOD, Amen.
I, Benjamin
F. Kohler of Asheville, NC being of sound
and disposing mid and memory and being desirous to my worldly affairs while
I have strength and capacity to do make and publish this my last will and
testament....to be interred by daughter at Savannah, Ga. ... my brother-in-law,
Oscar S. Kulman ... my brother, Oscar S. Kohler ... to Amson Mohr and Herman
Meyers ... to my dear father ... to my dear mother, Malvina Kohler ...
to my beloved sister, Mrs. Oscar S. Kulman ... my beloved nieces, her daughters,
Jeanne and Ruth Kulman ... on the life of M. Silver ... to my dear brother,
Max V. Kohler ... my dear friend, Helen S. Reed of Asheville, NC ... to
my friend, Mrs. M. L. Done of Tryon, NC ... to my faithful servant, Bettie
Gaither ... unto my dear sister, Frances Kohler.
In witness whereof,
I have hereunto set my hand and seal this sixteenth day of March 1901.
Signed: Benjamin
F. Kohler.
Witnessed by:
Chas. M. Steele
Thomas M. Steele
Sworn and subscribed
before me, this 23rd day of May 1901, Marcus Erwin, CSC.
BOOK D: Page
491
In the name of
GOD, Amen.
I, Maria
Huggins of the City of Asheville, Buncombe
County, North Carolina being in sound and disposing mind and memory and
understanding, do make this my last will and testament in manner and form
following. ... to William Brown.
In witness whereof,
I, the said Maria Huggins have hereunto set my hand and seal this 28th
day of January 1891.
Signed: Maria
Huggins.
Severally sworn
and subscribed this 17th day of June 1901 before me, Marcus
Erwin, CSC.
BOOK D: Page
493
In the name of
GOD, Amen.
I, Jesse
W. Morgan being of sound mind and disposing
memory, make this my last will and testament ... to my beloved wife, Mattie
Morgan ... to my six children, T. Willie, Joe M., Lillie, Lorila, Charity
Eunnis and Georgia ... to my friend, Levi S. Clark.
In testimony
whereof, I have hereunto set my hand and seal this April 5th, 1900.
Signed: Jessie
W. Morgan
Severally sworn
and subscribed before me this 12th day of July 1901, Marcus Erwin, CSC.
BOOK D: Page
497
In the name of
GOD, Amen
Know all men
that, I, William P. Cheeseborough
of Buncombe County, North Carolina, being of sound, knowing my own wishes
and fully able to carry them into effect according to my intentions, do
hereby make publish and declare this paper writing top be my last will
and testament in the manner and form following: ... to my brother, John
Cheeseborough, Jr.
In testimony
whereof, I have set my hand and seal this the 4th day of April A.D. 1901.
Signed: William
P. Cheeseborough.
Witnessed by:
T.W. Patton
J.H. Law
Severally sworn
and subscribed this 9th day of July 1901 before me, Marcus Erwin, CSC.
BOOK D: Page
502
Know all men
by these present that I, Charles Mohr,
of the City of Mobile, State of Alabama, being of sound mind and disposing
memory, and about to undertake a long journey with my duties as member
of the United States Bureau of Forestry and being mindful of the uncertainty
of life, for the purpose of making full and adequate provisions for my
beloved wife. I do make publish and declare this instrument in writing
my last will and testament as follows: ... to my beloved wife, Sophia.
In witness whereof I have hereunto set my hand and seal this twenty-first
day of March AD One thousand Eight Hundred and Ninety-four. Signed: Charles
Mohr.
Let the said
Last will and Testament together with said commission and examination and
this decree and all other proceedings herein be re- corded, this the 1st
day of August AD, 1901.
Signed Marcus
Erwin, CSC
BOOK D: Page
506
I, Mary
R. Greenwell being of sound mind and disposing
memory, do make publish and declare my last will and testament as follows:
... to my husband, Thomas William Greenwell, Esq. ... to my son, Thomas
William Maddison Greenwell ... to my mother, Mrs. D. E. Terrell, Winchester,
Virginia ... to my sisters, Mrs. Charles Rice Smith, Louisville, Kentucky,
Miss Lula D. Edmonds, Asheville, North Carolina ...Miss Elizabeth M. Edmonds,
Asheville, North Carolina.
In testimony
whereof, I, Mary R. Greenwell, have to this my last will and testament
subscribed my name and affixed my seal this the 25th day of
August 1899.
Witnessed by.
O. B. Van Horn
J. D. Murphey
Frances M. Gudger
Sworn to and
subscribed before me this the 19th day of August 1901, Marcus
Erwin, CSC.
BOOK D: Page
508
In the name of
GOD, Amen.
I, John
T. Parker, being of sane mind and conscious
of the uncertainty of human life do make this my last will and testament.
... to my son, Shipley his home in McDowell Co. ... my son, Robert A. Parker
... my son, Benjamin Parker ... to my only daughter, Ailsey Black ... this
my last will and testament, July 3rd, 1901.
Signed John T.
Parker.
Test J.A. Reagan
W.L. Reagan
Severally sworn
and subscribed before me this 19th day of August 1901, Marcus
Erwin, CSC.
Book D: Page
513
Asheville, North
Carolina, March 18th, 1898.
I, Lizzie
Munday of Asheville, Buncombe Co., North Carolina
being in sound health of body and of disposing mind and memory, do make
and publish this my last will and testament: ... unto my beloved niece,
Lizzie Lane Bruce ... among my two sisters, Mrs. M.S. Harper and Miss Lucy
A. Bruce of Richmond, Virginia ... to Lucy Harper.
In witness whereof,
I have hereunder set my hand this 18th day of March in the year
of our Lord, 1898.
Signed: Lizzie
Munday
Witnessed by
E.H. Craig and Charity Rusk Craig
Severally sworn
before me, this 22nd day of August 1901, Marcus Erwin, CSC.
BOOK D: PAGE
563
I, Charles
Balfour Graham of the Town of Black Mountain,
NC, being of sound mind do hereby make this my last Will and Testament
and revoke any former will which I have made heretofore. ... to my beloved
wife, Harriet J. Graham ... to my beloved son, James Stuart Balfour ...
to be kept for him until his fifteenth birthday.
In witness whereof,
I have hereunto set my hand and seal this 20th day of March
1902.
Signed: Charles
Balfour Graham
Witnessed by:
W. J. Padgett
Mrs. J. H. Denny
Sworn and subscribed
before me this 17th day of May 1902.
Marcus Erwin,
CSC.
BOOK D: PAGE
567
In the name of
GOD from whom I have received so many blessings and whose sustaining Grace
has been with me in the hour of great affliction, Amen.
I, Thomas
D. Johnston being of sound mind and disposing
memory do make and declare this to be my last will and testament as to
the disposition effects. ... I hereby appoint my daughters Leila Mace Johnston
and S. Eugenia Johnson and their cousin, Howard B. Carlisle of Spartanburg
... that William T. Weaver be substituted ... my beloved wife, recently
deceased ... my house and lot at 26-28-281/2 South Main Street ... Johnston
Building No. 15-17 S. Main Street.
Witness my hand
and seal this 17th day of June 1902, all written in my own hand.
Signed: Tho.
D. Johnston.
Sworn and subscribed
before me this the 28th day of June 1902, Marcus Erwin, CSC.
BOOK D: PAGE
572
This is my Will and
what I want carried out at my death. All my just debts paid and the rest
of my money to be divided equal between my widow, Maggie A. Emory and Bennett
H. Emory, my son. I want it all spent on Grandson, John Nelson Emory to
educate him. This my desire.
Signed: John
H. Emory
Severally sworn
and subscribed before me this the 16th day of July 1902.
Marcus Erwin,
CSC.
Buncombe Co.,
NC
BOOK D: PAGE
583
I, Spencer
W. Buckman, Jr. of the City of Philadelphia,
State of Pennsylvania, do hereby make and publish this my last will and
testament hereby revoking and making void all former wills by me. ... to
my beloved wife, Ella S. Buckman ... our daughter, Elsie ... appoint my
friend, Ulysses S. Koons.
In witness whereof
I have hereunto set my hand and seal this 26th day of June,
1900.
Signed: Spencer
W. Buckman, Jr.
Witness: Bernard
Pockvass
Chas. R. Koons.
Severally sworn
and subscribed before me this the 20th day of July 1902.
Marcus Erwin,
CSC.
BOOK D: PAGE
595
State of North
Carolina
Pitt County
I, J.
W. Morgan of Greenville, Pitt Co., North Carolina,
being of sound mind and memory and recognizing the uncertainty of my earthly
existence, do hereby make publish and declare this my last Will and Testament
in manner following, that is to say ... to my sister, Bernice Morgan of
Asheville, NC ... to my sister Annie T. Morgan of Asheville, NC ... to
my beloved mother, Bettie A. Morgan of Asheville, NC ... to my beloved
wife, Mamie L. Morgan.
In witness whereof,
I have hereunto set my hand and seal, this the 20th day of April
1898.
Witnessed by:
H. W. Whedbee
Sallie Lipscomb
This probate
shall be duly probated and recorded, done at this off ice on this 2nd
day of August 1902.
Marcus Erwin
CSC Buncombe
County, North Carolina
BOOK D: PAGE
595
North Carolina
Buncombe County
In the name God,
Amen.
I, William
T. Springs being of sound mind and realizing
the uncertainty of human life, do make this my Last Will and Testament
in manner and form as follows, to wit: ... at the grave of my son buried
at Sardis Church ... to Robert Buckner, brother of Nelson Buckner, who
also married to one of my Granddaughters, Della Spring ... to the children
of my Grandson, Albert Springs ... to my own children, John Springs, Mary
Jones, wife of Hut Jones, Mira Springs wife of Alfred Brooks and Cleo Morris,
my Grand-daughter. In witness whereof, I the said William T. Springs have
hereunto set my hand seal, this 1st day of July 1902.
Signed: W. T.
Springs
Witnessed by:
J. J. Mackey
J. D. Penland
J. D. Carver
Severally sworn
and subscribed before me this the 19th day of August, 1902.
Marcus Erwin, CSC
END OF BOOK
"D"
BOOK E: PAGE
4
In the name of
the Father, the Son and the Holy Ghost, Amen.
Know all men
by these Presents, that I,Anthony Toomer Porter,
D.D. Presbyter of the Protestant Episcopal Church in the Diocese of South
Carolina, in good health and sound mind do make and declare this to be
my last will and testament. ... pay any mortgages due on my Asheville and
Charleston Property ... between my sons, Theodore and Charles ... to my
son, Theodore my lot in Charleston at the corner of Ruttledge Avenue and
Spring Street and his daughter, my granddaughter, greatly beloved Kate
Fuller Porter ... the Trustees of the Porter Academy ... to Louise S. Porter,
wife of Theodore ... to my grandson, Anthony Fuller Porter ... to Charles
Edward Porter, son of my son, Charles ... to Henry Solmond Porter son of
my son Theodore Porter ... to John Porter ... to my granddaughter, Susan
Magdelen being the full name of my late wife ... to my grandson, Edward
Fuller Porter ... to my grandson Charles Edward Porter, Jr. ... to my granddaughter,
Theodora Atkinson Porter ... to my granddaughter, Sarah Magdelen Porter.
Signed in Asheville
on August 30, 1901 and in 125th year of Independence of the
United States of America, Anthony Toomer Porter.
Signed and sealed
in our presence and in the presence of each other a witnesses: A. Rankin
Jas. R. Patterson
T. M. Webb
Witness my hand
and the seal of said County this the 22nd day of July 1902,
Marcus Erwin, CSC.
BOOK E: PAGE
27
Emily N. Polk's
Last Will and Testament
In the name of
GOD, Amen.
I, Emily
N. Polk of the City of Baltimore and the State
of Maryland being of sound and disposing mind, memory and understanding
do make ordain and publish this last will and testament in manner and form
following ... unto my friend and cousin by marriage ... to my children,
Hamilton R. Polk, George B. Polk, Leonidas Polk, N. Beach Polk ... my deceased
son, Frank D. Polk ...appoint C. Hopewell Warner.
In testamony
[sic] whereof, I, the said, Emily N. Polk have hereunto set my hand and
affixed seal this 22nd day of October 1901.
Signed: Emily
N. Polk
Signed sealed
and delivered as witnesses:
J. Henry Giese
Catherine Giese
Hamiet Tilghman
In witness whereof,
I have hereunto set my hand and the seal of this County at the office in
the City of Asheville, this the 23rd day of August 1902.
Marcus Erwin,
CSC.
BOOK E: Page
441
State of North
Carolina
Buncombe County
I George
Britt of Asheville in the County of Buncombe
and State aforesaid being of sound mind and memory but considering the
uncertainty of my earthly existence do make and declare this my last Will
and Testament in manner and form following that is to say:
I give and bequeath
to my wife, Mary L. Britt ...my son, Horace C. Britt ...house situated
on Blanton Street ...to my son, M.L. Britt ...to Elizabeth Gasperson wife
of John Gasperson ...to Keziah Davis wife of W. A. Davis ...to my son,
W. E. Britt ...to my son, W. W. Britt.
In witness whereof,
I, the said Geo. W. Britt do hereunto set my hand and seal this 20th day
of Dec 1900.
Signed: George
W. Britt
Witnessed by
A. T. Summey
R. A. Long
Sworn and subscribe
before me this 24th day of October 1900,
Marcus Erwin,
CSC
BOOK E: Page
447
I, Katherine
M. McKean of the City of Brighampton, New
York, being of sound mind and memory and considering the uncertainty of
life, do therefore make ordain publish and declare this to be my last Will
and Testament; that is to say - ...to my niece, Rose Wilson, daughter of
W. N. Wilson of Brighampton, NY ...to my niece, Elizabeth Wilson sister
of Rose Wilson ...to my sister, Adele McKean Gulliver of the City of Asheville,
North Carolina ½ half of the farm in Vestal, in Broome County, NY
of which we are joint owners ...to my sister, Rose McKean Hotchkiss ...my
sister, Caroline Wilson and her husband, W. Newbold Wilson.
In witness whereof,
I have to this my last Will and Testament subscribed my name and affixed
my seal this fourth day of April, 1902.
Signed: Katherine
M. McKean
Witnessed by
John F. Gulliver, Grace, Asheville Township, NC
William F. Rice, Grace, Asheville Township, NC
J. W. Kuykendall, Grace, Asheville Township, NC
Sworn and subscribed
before me this, the 1st day of November, 1904
Signed: Marcus
Erwin, CSC
BOOK E: Page
450
I, Frederick
Seabury Gould, now resident of Asheville,
Buncombe County, North Carolina, make publish and declare the following
as and for my Last Will and Testament. ...to my mother, Mary P. Gould ...to
my sisters, Mary S. Gould and Emily P. Gould ...appoint my mother and Wilhelnius
Myndense of the City of New York..
In witness whereof,
I have hereunto set my hand and seal this first day of April, 1904.
Signed Frederick
S. Gould
Witnessed by
Mary M. V. Minor,Asheville, NC
Chas. L. Minor, Asheville, NC
Severally sworn
and subscribed before me this the 14th day of November 1904
Signed: Marcus
Erwin, CSC.
BOOK E: Page
460
North Carolina
Buncombe County
I, W.
C. Stradley, being of sound mind and memory,
and considering the uncertainty of life and the certainty of death do make
this my last will and testament in manner and form as follows: that is
to say: ...I have a profitable grocery business with R. H. Luther as manager
...to my wife, Ruth E. Stanley [sic] ...appoint J. H. Tucker, J. C. Martin,
C. S. Davis.
In witness whereof,
I, the said W. C. Stradley do hereunto set my hand and seal, this the 13th
day of September 1904.
Signed: W. C.
Stradley
Witnessed by
James Dixon Murphy
Frances M. Gudger
Witness my hand
and the seal of said Court, this the 6th day of December, 1904
Signed: Marcus
Erwin, CSC
BOOK E: Page
466
I, Adelid
Bridget Cruise, of the County of Buncombe
and State of North Carolina, being of sound mind, but considering the uncertainty
of my earthly existence, do make and declare this my last Will and Testament.
...to my beloved daughters, Johnie Bridge Cruise, Katherine O'Donnell and
Margaret Cruise and my beloved son, Edward Cruise.
In witness whereof,
I the said Adelid Bridges Cruise do hereunto set my hand and seal this
the 9th day of June 1904.
Signed: Adelid
Bridget Cruise
Witnessed by
Rev. Father (Peter) Marion
James A. Manley
Severally sworn
and subscribed before me this the 9th day of January, 1905
Signed: Marcus
Erwin, CSC
BOOK E: Page
469
I, John
L. Patton of Swannanoa Township, County of
Buncombe, State of North Carolina, being of sound mind and memory, but
knowing the uncertainty of life, and being of feeble health do make and
declare this to be my last Will and Testament in manner and form as follows;
THAT IS TO SAY: ...to my sister, Elizabeth M. Patton ...to my brother,
George L. Patton.
In witness whereof
I, do hereby set my hand and seal, this the 5th day of September,
1904.
Signed: John
L. Patton
Witnessed by
G. A. Pickens
R. A. Pickens
Severally sworn
and subscribed before me this the 27th day of January, 1905
Signed: Marcus
Erwin, CSC
BOOK E: Page
475
Know all men
by these presents that I, Andrew J. Gill,
being of sound and reasonable health of body, make this my last will and
testament. ...that my wife, Eliza A. Gill ...Andrew Pickens homestead lands
...my soon, W. I. Gill ...my son, Thomas A. Gill ...my daughter, Ruetta
M. Edwards ...my daughter, Kate Clinton ...to my son, Dr. James N. Gill
...my son-in-law, J. J. Mackey.
Signed, sealed
and delivered in the presence of: C.P. Weaver and Emma A. Weaver. This
the 4th day of September, 1890
Signed: A. J.
Gill
Sworn and subscribed
before me, this the 3rd day of February, 1905.
Signed Marcus
Erwin, CSC
BOOK E: Page
479
I, Allen
T. Davidson, of the City of Asheville, do
make and declare this my last Will and Testament ... I wish and will to
provide for the payment of all the expenses of the last sickness traveling
expenses and all and every thing connected with the last sickness and death
of my dear and lamented son, Allen T. Davidson, Jr. the same having been
paid by his brothers, Theodore F., Wilbur S. and Robert V. Davidson ...my
son, William E. Davidson.
Signed: A. T.
Davidson
October 4th,
1898
Amendment:
...to my oldest
daughter, Ella K. Morrison ... my grandson, Allen Davidson Williamson.
Signed A. T.
Davidson
Witness my hand
and seal, this the 2nd day of February, 1905
Signed: Marcus
Erwin, CSC
BOOK E: Page
483
LAST WILL AND
TESTAMENT OF SAMUEL P. McDIVITT.
...to my brother,
William McDivitt, of Ransburg, California ...to my brother, C. J. McDivitt
of Ransburg, California ...to my niece, Annie C. McDivitt of Alexandria,
Pennsylvania ...my mother, Mrs. Jane Moore ...to my wife, Anne E. McDivitt.
In witness whereof,
I have hereunto subscribed my name at Asheville, NC, this July 29th,
1904.
Signed: Saml.
P. McDivitt
Witnessed by
E. Sluder
Edwin L. Ray
Brewster Phillips
Sworn to and
subscribed to before me, at the office of the Clerk of the Superior Court
of Buncombe County, NC, this the 4th day of February 1905.
Signed: Marcus
Erwin, CSC
BOOK E: Page
491
North Carolina
Buncombe County
I, Thomas
Stradley, being of sound mind
and memory do
make this my last Will and Testament as follows. ...my widow, Lizzie Stradley
...to Chas. D. Stradley, Julius Asheville Township, NC Catherine Lance,
Laura Lou Ellen Bryson, Annie Hazelton Hayes, Gedwin Francis Stradley,
Hester Jennie Williams and Gertrude Arsula Case.
In witness whereof
the said Thomas Stradley, does hereunto set my hand and seal.
Signed: Thomas
Stradley
Witnessed by
J. H. Tucker
Fannie Suber
Severally sworn
and subscribed before me, this the 7th day of Feby. 1905
Signed: Marcus
Erwin, CSC
--ALOB,
August 1998
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