Jackson, N.C. Will Book 8, page 1
WESLEY DELOATCH WILL
I, Wesley DeLoatch, of the County of Northampton, State of North Carolina, acknowledging the goodness and mercy of God and feeling the responsibility imposed upon me, being of sound mind, but knowing the uncertainty of the duration of life, do make this, my last Will and Testament, hereby revoking all others, in the manner and form following, to wit:
1. I direct my executor, hereafter to be named herein, to first pay all my just debts including my funeral expenses, and I direct him to sell all of my personal property except that which is herein specifically bequeathed, for cash, by public auction, and out of the proceeds thereof to pay all of the debts and expenses of my estate and the administrative thereof, and to pay over the surplus to the legatees as herein directed below.
2. I give and devise to my Son Columbus DeLoatch, and his heirs, the "W. T. Lee" tract, on which he resides, containing one hundred acres, more or less, and also the "Wm. Newsom" tract, containing five acres, more less, and also the "Peter Long" tract, containing one hundred and forty three acres, more or less, and also the "Ned Allen" tract, being that part thereof which I now own, containing forty acres more or less.
3. I give and devise to my Son B. F. DeLoatch and his heirs the east end of my "Home tract embracing the "Rochel Davis" tract and also including the "J. B. Davis" tract, the whole parcel, including the two above named tracts and also a part of my said "Home" tract amounting to two hundred & fifty acres, more or less and beginning at a corner pine, which was originally a corner for the "Peter Long" tract, the "J. B. Davis" tract and my "Home" tract, and running thence in a northerly direction, along a line of marked trees to my mill path, thence along said Mill path, in nearly the same direction, to a lot this day marked off at the end of the mill dam and containing about one acre, thence along the marked line of said "one acre" lot on the east side, to a post oak, about fifty yards from the end of the Mill dam; thence, in a northeasterly direction, a straight line to the South west corner of the "John Davis" tract, in my Mill __________, in the Main Run of Coilo Cot Swamp, thence down the run of said Swamp to Dickerson Davis line, thence along said Dickerson Davis line up the pond or near to the fish pond dam, thence along said dam to the high water of said fish pond, thence along said high water mark on the east of said pond to the run of said Pond branch to a smashed Gin at the head of said branch, thence in an easterly direction along said Dickerson Davis line and Richard Davis line to Richard Davis Corner, thence Southly along said Richard Davis line to the path leading to and from Richard Davis residence thence westerly up said path to the corner of the "JB Davis" tract, thence along the said "J.B. Davis" line of marked trees to the beginning.
4. I loan and devise to my son John W. DeLoatch, for and during his natural life, a parcel of my "Home" tract on the north side thereof, and also embracing the "Francis Piland" tract as I now own it and supposed to contain two hundred and fifty acres, and described as follows: Beginning at a marked Gum in Poll-Cat branch and running westerly along a line of marked trees to the road leading from Creeksville to Faisone Old Tavern running by a gate on said road; thence along said road to Rebecca Hasty's line, thence in an easterly direction along said Hasty's line and W. B. Davis' line and G. W. Davis line to said G. W. Davis Corner in the margin of Wild Cat Swamp, thence northerly along said G. W. Davis line to the "Bennett" road, thence along said road to John Davis Corner, thence along a ditch, a line between me and Said Davis to the High Water Swamp to the beginning.
5. In the event that my Son John W. DeLoatch shall die, leaving him surviving lawful heirs of his body, then I give and devise to the said lawful heirs of his body and their heirs, all of the land which I have loaned to him for his natural life, and described in Item 4 above.
6. I loan and devise to Nellie J. DeLoatch, wife of my son C. H. DeLoatch, for and during the life of the said C. H. DeLoatch provided she shall survive him and during her widowhood thereafter, if she should survive him, the house and lot in the town of Jackson on which they now reside, and which I purchased of Asa Allen, containing nine acres, more or less, also the Store and the lot on which it is situated, now occupied by said C. H. DeLoatch, situated in said town; and also my other town lot, fronting on the road leading from Jackson to Bryantown and adjoining the County jail; and also that part of my "Home" tract on the Southwest side or Corner thereof, and beginning at the Center of the road in Norflet Garris' line and running westerly and northerly along said Garris line and Mrs. Mandy Johnson's line and Green DeLoatch's line and David DeLoatch's line to a corner marked pine in said Daniel DeLoatch's line, thence easterly along a line of marked trees to a water oak in a ditch, thence Northerly up said ditch to said road leading from Creeksville to Faisone Old Tavern, thence up said road in a Southerly direction to the beginning, containing two hundred acres more or less.
7. In the event of the death of said Nellie J. DeLoatch in the life time of my said son C. H. DeLoatch, or in the event of her marriage after his death, then upon the happening of either of said events I devise and give to all of the children then living of the said C. H. DeLoatch all of the town lots and real estate described and devised to said Nellie J. DeLoatch in Item 6 above to have and to hold in themselves in fee simple and in equal shares, and this remainder is to be vested immediately upon the happening of either of said events.
8. I give and devise to my son W. S. DeLoatch that part of my "Home" tract described as follows: beginning at a marked pine in Daniel DeLoatch's line, corner for Nellie J. DeLoatch, and running easterly along a line of marked trees to a water oak in a ditch, thence northerly up said ditch to the road and across the road in the Same direction, along a line of marked trees to a corner pine, in the line for my son John W. DeLoatch thence along said John W. DeLoatch's line in a westerly direction, to said road to Rebecca Hasty's line, a corner for said John W. DeLoatch, thence Westerly along said Rebecca Hasty's line and Lizelia Crowder's line; thence Southerly along Daniel DeLoatch's line to the beginning containing three hundred acres, more or less; also the "Haithcock" tract, now occupied by Jack Powell, and containing seventy four acres, more or less; and also the "N. F. Davis" place containing one hundred acres, more or less, to have and to hold all of the above tracts and parcels of land, described in this Item 8, to and unto said W. S. DeLoatch and his heirs.
9. I give and devise to my daughter, Susan Victoria Gay and her heirs the "J. D. Edwards" tract of land which I purchased of the Cussomen Company containing one hundred and eighty-four acres, more or less; also the "Joseph Johnson" tract on which John S. DeLoatch now lives containing fifty acres more or less.
10. I give and devise to my son Jesse T. DeLoatch for and during his natural life, all the rest and remaining part of my "Home" tract not hereinbefore described and devised, except the mill pond up to high water mark containing two hundred acres.
11. I give and devise to my Son's Columbus DeLoatch and Jesse T. DeLoatch equally and their heirs, my Will site and the buildings, Machinery, fixtures and everything used or connected therewith and all the land used therewith, being about seven acres, not covered with water and all the land and pond covered by water up to high water mark in every direction, being Seventy five acres, more or less; also one lot of land at the end of Milldam, this day laid off, and bounded by a line of marked trees and containing one acre, more or less; also a lot or parcel of land beginning at the Southwest Corner of John Davis' tract and running thence Southerly, a Straight-line, to a marked post oak about fifty yards from the dam in the line of the "one acre" lot described above in this item, thence along the line of the said "one acre" lot to the South end of the mill dam, thence along said mill dam and embracing said Mill dam to John Davis' line, at the North end of said dam, thence along said Davis fence to the rim of the Wild Cat Swamp and the beginning, containing about six acres.
12. I authorize and empower my son Jesse T. Deloatch to sell and in any way dispose of any or all of the timber and trees now growing and standing on the land devised to him in item 10 above, at any time during his lifetime and to have the proceeds thereof to his use absolutely. In the event that the said Jesse T. DeLoatch shall die, leaving him surviving lawful issue of his body, then I give and devise all of the above described lands devised to him for his life in Item 10 above to his said children, who are his lawful heirs of his body, to them and their heirs.
13. I give and bequeath to my son John W. DeLoatch the sum of three hundred (300) dollars, to be paid out of my personal property, and also the bed & mattress & bed stead and covering now used by him.
14. I give and bequeath to Nellie J. DeLoatch wife of my son C. H. DeLoatch, the sum of five hundred (500) dollars to be paid out of my personal property.
15. I give and bequeath to my daughter Susan Victoria Gay, wife of S. J. Gay, the sum of five hundred (500) dollars to be paid out of my personal property, and also two bonds secured by mortgage executed Green DeLoatch, which I now have in possession, unless, before my death I shall collect or otherwise dispose of said bonds, or either of them, in which event this legacy shall lapse as to the bond or bonds so collected or disposed of.
16. I give and bequeath all the rest and residue of my personal property to my sons Columbus DeLoatch, B. F. DeLoatch, W. S. DeLoatch and Jesse T. DeLoatch, to be equally divided between them.
17. I hereby nominate, constitute and appoint my two sons, Columbus DeLoatch and W. S. DeLoatch as executors of this my last will and testament, imposing full confidence in them, and they shall not be required to give bond.Witness my hand and Seal this August 21, 1901.
Wesley Deloatch (Seal)
Signed, sealed, executed & acknowledged in our presence who, in his presence and at his request - and in the presence of each other, do subscribe our names as witnesses thereto.
J. W. Lassiter
B. S. Gay
In the name of God amen; I Wesley Deloatch of Northampton County, North Carolina, being of sound mind but feeble in body, do hereby alter and amend my will heretofore made executed by me on August 21st 1901 - as follows, and add this Codicil thereto, to wit:
18. I hereby devise and bequeath to my son Charles H. Deloatch and his heirs, in fee simple, as trustee for the use and benefit of his wife Nellie J. Deloatch and their children subject to the limitations and conditions as set fourth in item six (6) seven (7) and fourteen (14) of said Will, all of the property both real and personal, as specified and described and conveyed to said Nellie J. DeLoatch and the said children & heirs of said Charles H. Deloatch and Nellie J. Deloatch in said section of said will, or in any other parts of said will, and the said Charles H. Deloatch as trustee for said Nellie J. Deloatch and their said children and heirs, is hereby authorized, empowered and directed to hold, manage, dispose of and sell said property, or any part thereof, in his discretion, and to convey to the purchasers the real estate or the other property above herein referred to, in fee simple, and to manage, and invest - the proceeds thereof according to his best discretion for their benefit - the said Charles H. Deloatch shall not be required to give any bond for the performance of his duties as trustee.
19. I hereby devise and bequeath to my sons Columbus Deloatch, C. H. Deloatch and W. S. Deloatch all the issues of them, for the use and benefit - of my son John W. Deloatch, for and during his natural life. All of the real estate devised to my said son John W. Deloatch in section four (4) of my said will and the said John W. Deloatch shall have the right - to occupy and use said land during his said life, but shall not have the power to dispose of or convey the said land, without the consent and conveyance in writing, by all of said trustees or the survivor or survivors of them.
In all other respects my said will shall remain unaltered.
Witness my hand and seal this June 6th 1902.
Wesley Deloatch (seal)
Signed, sealed executed and acknowledged in our presence who in his presence and at his request and in the presence of each other, do subscribe our names as witnesses thereto.J. W. Lassiter
S. G. Boone
B. S. Gay
North Carolina ) In the Superior Court
Northampton County )
A paper writing purporting to be the last will and testament of Wesley Deloatch deceased together with the Codicil thereto is exhibited before me the undersigned Clerk of the Superior Court for said County, by C. Deloatch and W. S. Deloatch, the executors herein named, and the due execution thereof by the said Wesley Deloatch is proved by the oath and examination of J. W. Lassiter and G. S. Gay the subscribing witnesses thereto; who, being duly sworn, doth depose and say and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him purporting to be the last Will and testament of Wesley Deloatch and also to said codicil; that the said Wesley Deloatch in the presence of this deponent, subscribed his name at the end of said paper writing now shown as aforesaid, and which bears date of the 21st day of August 1901 & 6th day of June 1902 respectively and the deponent further saith that the said Wesley Deloatch the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator, and in the presence of each other.
And this deponent further saith, that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent subscribing his name as an attesting witness thereto as aforesaid, the said Wesley Deloatch, 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 this deponent. And further these deponents say not.
J. W. Lassiter (Seal)
B. S. Gay (Seal)
Severally sworn and subscribed before me this 28th June, 1902.
J. T. Flythe,
Clerk Superior Court
North Carolina, ) In the Superior Court
Northampton County )
In the matter of the last will of Wesley Deloatch. It appearing to the Court by the oath and examination of J. W. Lassiter and B. S. Gay, the subscribing witnesses thereto, that the paper writing propounded by the executors therein named - is the last will and testament of Wesley Deloatch and the same was duly executed by the said Wesley Deloatch in the presence of said witnesses, and that at the time of signing the same the said Wesley Deloatch was of sound mind, etc. It is thereupon adjudged that said paper writing be admitted to probate as the last will and testament of the said Wesley Deloatch, and the executors therein named qualify as such.This 30th day of June, 1902.
J. T. Flythe
Clerk Superior Court