Henderson County,
North Carolina


Will and Probate
Records

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    H C Jones
    Mills River 9-Aug-1902
    I do hereby will, devise and bequeath all my property, real, personal and mixed, wheresoever situate, unto my beloved wife, Belle Jones, and hereby appoint her as the sole executrix of this last will and testament.
    H C Jones
    Charlotte Observer, Sept 16, 1903

    George V Maybin
    In the name of God, Amen. I, George V Maybin of Henderson county and state of North Carolina being of sound and perfect mind and memory (blessed be God) do this 10th day of October in the year of our Lord 1859, make and publish this my Last Will and Testament in manner as follows, that is to say, First, I give and bequeath unto my brother and sisters, to wit, Mathew Maybin, Ann Maybin, Drucilla Maybin, Zilla Maybin, Esmarrilla Maybin, Rutha Maybin, all my lands without reserve; Secondly, I will that my mare be sold to pay the doctors bill and should that over pay him, I will and bequeath the remainder to the same above named. Thirdly, I give and bequeath the [sic] to Matthew Maybin all my tools both for house and farming. Fourthly, I give and bequeath to those above named all my ready money and papers ______________, money. Fifth, I give and bequeath to Jesse Maybin, my overcoat. Sixth, I give and bequeath unto John Maybin the overcoat of John Maybin, and, Seventh, I give and bequeath to George C Maybin my rifle gun; and I hereby make and ordain my worthy friend Matthew Maybin Executor of this my Last Will and Testament; In witness whereof, I, the said George V Maybin have to this my Last Will and Testament set my hand and seal this day and year above written.
    George V Maybin {seal}
    Signed sealed and published
    and declared by the said George Maybin the testor as his Last Will and Testament in the prescense of us who were present at the time of signing and sealing thereof ----
    John J A_____
    H K Pace

    State of North Carolina
    Henderson County
    Court of Pleas and Quarter Sessions - Term 1859
    The due execution of the foregoing will was duly proven in open court by the oath and examination of H K Pace, one of the subscribing witnesses thereto recorded and ordered to be filed.
    Witness R W Allen, C_P

    Book 1, pg 61; submitted by Cathy Finnie, tb Tammie

    Edgar Wilson Nye
    Written by the Humorist Himself and Bequeaths All to His Wife.
    ASHEVILLE, N. C. March 8.—The will of the late Edgar Wilson Nye has been admitted to probate at Hendersonville, the county seat of Henderson county. The will was written on two sheets of commercial note paper in  handwriting of Mr. Nye, and was witnessed by J. T. Mize, Mr.Nye's farm manager, and by W. H. Dixon, his coachman. The will in full follows:
    "In the name of God, Amen. I, Edgar Wilson Nye, now residing In Henderson, county, North, Carolina, being: in sound and disposing mind and memory and considering the uncertainty of life, do make, publish and declare this to be my last will and testament, as follows:
    "First—After my lawful debts are paid, I give, devise and bequeath to my beloved wife, Clara Frances Nye in fee simple, absolute, all my estate, real, personal and mixed, and wherever situated.
    "Second—I hereby appoint my beloved wife to be my sole executrix of this, my last will and testament.
    "Third—In case I should survive my said wife, or in case we should perish in the same calamity, or the priority of the death or either should be in doubt, and, in either or such events, I hereby give. devise and bequeath my entire estate to my dear children—Bessie Loring Nye, Winifred Louise Nye. Max Edgar Nye and Frank Wilson Nye, and to their heirs forever, share and share alike.
    "Fourth—I hereby grant unto my said executrix or executors full power to sell or lease my real estate of which I may die seized upon such terms as shall seem fit and to do all acts concerning my real estate that I might do if living; hereby revoking all former wills.
    "In witness whereof I have hereunto subscribed my name and affixed my seal this 15th day of May, 1892
    "EDGAR WILSON NYE."
    "Witnesses - William   F.   Dixon, J. T. Mize."


    Source: Indiana State Journal March 11 1896. Submitted by Barbara Ziegenmeyer

    Robert Russell Townsend
    State of North Carolina
    Henderson County
    In the name of God - Amen -
    I Robert Russell Townsend being of sound mind and disposing memory and understanding concerning the certainity of death, and the uncertainty of the time thereof, to the end that I may be better prepared to leave this world when it shall please my God to call me hence have now determined to direct what disposition shall be made of my property both real and personal after my decease; and after materially considering the circumstances of all those whom as my heirs at law, the objects of my gratitude or affection in my judgement my estate shall be distributed. I do make publish and declare this to be my last will and testament, hereby revoking any will that I may have heretofore made. And my will is first, that after my decease, my body shall be decently buried without ostentation or unnecessary expenses and that my funeral expenses and all my just debts shall be paid by my executor hereinafter named. And as to the remainder of my estate and property with which God has blessed me, and shall not be required for the payment of my debts, (if any) and funeral expenses and the expenses in and about the execution of this my last will and testament, and administration of my estate. I give demise and dispose there of as follows:
    First - To my son Joseph H Townsend three tracts of land as follows - First tract containing about 34 acres joining lands of Wm Garren & my home place which I bought of William Launning for further description of the same reference is made 1t deed made by Wm Launning to me dated 26th day March 1845 - Second tract on Kyles Creek joining the above and known as the Home Place where I now live containing one hundred & twenty five acres more or less and for more particular description reference is made to deed executed to me by Thos Murray dated Feby 11th, 1824 and reported in the Register's office in Buncombe in Book No 14 on page 204 on the 16th day June 1827. - Third tract containing (20) acres more or less joining the above lands described and granted to me by State Grant dated 22d Sept. 1841 and numbered 52 for further description reference is made to said Grant registered in the Register's office of said county in Book No 14 Record of Deeds on pages 210 & c
    Second Item - I will and bequeath to each one of my children to wit; to the heirs of my son Lewis Greenlee Townsend and my daughter Isabella Jane Townsend & William S Townsend E W Townsend Robert P Townsend and Martha A Lanning & the heirs of Margaret C Jackson one dollar each to be paid by my Executor herein after to be named out of my personal property and the remainder of my personal effects if any shall remain, I will and bequeath to my son Joseph H Townsend.
    And Lastly - I do hereby constitute and appoint my son Joseph H Townsend my lawful Executor to all intents and purposes to execute this my Last Will and Testament according to the true intent and meaning of the same & every part & clause thereof, hereby revoking & declaring utterly void all other wills & testaments by me hereto made - In witness whereof I the said Robt R Townsend do hereunto set my hand & seal this the 23d day of August AD 1881 -
     
    his
     
    Robert R.
    X
    Townsend.
      mark  

    Signed sealed published and declared by the said Robt Russell Townsend to be his Last Will and Testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto -
    M M Patton }
    A S Patterson }

    North Carolina } In the Superior Court
    Henderson County } January 16, 1886.

    A paper writing purporting to be the Last Will and Testament of Robt R. Townsend deceased, is exhibited before me by Joseph H Townsend the Executor therein named, and the due execution therefore by the said Robt R. Townsend is proven by the oath and examination of A S Patterson one of the subscribing witnesses thereto and David Stradley - The said A S Patterson days that he as one of the subscribing witnesses to said paper writing, purporting to be the Last Will and Testament and which bears date of the 23d day of August 1881 - of the said Robt. R. Townsend: That Robt R Townsend in the presence of the said A S Patterson subscribed his name at the end of the said paper writing:- That the said Robt R. Townsend the testator aforesaid did at the time of signing his name as aforesaid declare the paper writing so subscribed by him, to be his Last Will and Testament, and he did thereupon subscribe his name at the end of said will as an attesting witness therefor and at the request and in the presence of the said Testator, and that M M Patton a subscribing witness to said will is dead. That the said M M Patton at the same time of deponents subscribing his name as an attesting witness to said will, he the said M M Patton subscribed his name thereto as an attesting witness at the request and in the presence of the said Testator Robt R. Townsend. And this deponent further saith: That at the time when the said Testator subscribed his name to said Last Will and Testament as aforesaid and at the time of the deponent A S Patterson and M M Patton subscribing their names as attesting witness thereto, as aforesaid, the said Robt R Townsend was of sound mind and memory: of full age to execute a will and was not under any restraint to the knowledge information or belief of the said deponent. And the said David Stradley says: That the paper writing purporting to be the Last Will and Testament of the said Robert R Townsend decd, dated the 23d day of August 1881, was written by him, the said David Stradley, at the request of the said Testator, Robt R Townsend and that he the said Testator signed the same in the presence of the said David Stradley and declared the same to be his Last Will and Testament -
    Deponent further saith - that M M Patton one of the subscribing witnesses id dead - That at the time when the Testator Robt R Townsend subscribed his name to said paper writing as aforesaid he saw the said M M Patton subscribe his name as an attesting witness thereto at the request and in the presence of the said Testator.
    It therefore appears that said paper writing and every part thereof is the Last Will and Testament of the said Robt R Townsend deceased - that the same is duly proven according to law. It is therefore ordered that the said Will and this certificate be filed and the said Joseph H Townsend is duly qualified as Executor by taking the oath of office prescribed by law.
    C M Pace
    Clerk Superior Court
    Henderson County
    submitted by Cathy Finnie, tb Tammie

    William Wilson
    In the name of God, Amen.
    I William Wilson of the county of Henderson and state of North Carolina, being of sound mind and memory do on the 27th day of May A.D. 1857 make and publish this my last will and testament in the following manner. Viz, I will unto my son Marian Wilson, seventy five dollars. I will unto my son Benjamin Wilson seventy five dollars. I will unto my daughter Mary Hawkins one hundred and twenty five dollars. I will unto my daughter Martha England one hundred and twenty five dollars. I will unto my daughter Violet Wilson fifty dollars. I will unto my son Aaron Wilson the tract of land where on he now lives on the money that I have paid Wm Bryson clerk and master in equity the amount being two hundred and seventy dollars and six and a quarter cents. My son William and Samuel and Mathew are not to have anything more as they have received there portion heretofore. I will unto my two sons Ethan and Aaron Wilson twenty five dollars each in order that can pay the funeral expenses if my self and my daughter Violet. I will that all the property that belongs to me in any use be sold by my Executors and equally divided between my three children as follows Ethan Aaron and Martha England. I hereby make and ordain my two sons Ethan and Aaron Wilson Executors of this my last will and testament in witness whereof I the said William Wilson have set my hand and seal the day and year above written signed sealed and delivered and published by the the [sic] said William Wilson the testator as his last will and testament in the presence of in

    Test [sic] William Wilson {seal}
    Geo C Neill
    N C Johnson

     

    State of North Carolina Court of Pleas and Quarter Session
    Henderson County June Term 1858


    I hereby certify that the foregoing paper writing was duly propounded in open court by Ethan Wilson one of the Executors therein named as the last will and testament of William Wilson decd and duly proven to be his last will & testament executed by law in common form and the same is duly recorded.

    Witness R W Allen CCP

    submitted by Cathy Finnie, tb Tammie

 

 

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