Wills - Caswell Co., North Carolina

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Last Will and Testament of James Monroe Morton-April 1924
Submitted by
Mark Phelps

North Carolina
Caswell County

I , J.M. Morton of the aforesaid County and State, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this to be my last will and testament.

First: My executor herein after named shall give my body a decent burial suitable to the wishes of my children, and pay all funeral expenses, together will all my just debts, out of the first moneys which comes into his hands belonging to my estate.

Second: Whereas my two daughters Hattie Belle and Gladys E. Morton are both minors of the ages of about eighteen and sixteen years respectfully, neither being old enough to handle my estate legally, and Whereas, I have encumbered my lands with a deed of trust in the sum of Eight Hundred & Fifty Dollars and am desirous of paying off the debt as early as possible so that my daughters may not be paying interest on the aforesaid note, I do hereby authorize my executor hereinafter named to sell privately or at public auction that portion of land lying on the east side of my land and containing about forty or fifty acres, and if he can not sell the land for enough to satisfy the claims, then in lieu thereof I do authorize and empower him to sell all that portion of my lands lying on the south side of a plantation road leading from the public road known as the Semora and Hightowers road, said plantation road running between the feed barn and another barn nearby, and running in an easterly direction and out of the proceeds of the sale of either of the described lands he will pay the note that is secured by the deed of trust on the place.

Third: After all my just debts are paid, I give devise and bequeath the residues of my estate shall be equally divided between my two daughters, Hattie B. Morton and Gladye E. Morton share and share alike, said decisions to be made when Gladys E. Morton shall arrive at the age of twenty-one years of age, until this division can be made it is my will and desire that R. L. Mitchell be and he is hereby appointed and constituted trustee of my estate which I will to my two daughters to have and to hold the custody of the estate until the said Gladys E. Morton shall arrive at the full age of twenty-one years.

Fourth: I herby constitute and appoint my trusty friend R. L. Mitchell, my lawful executor and trustee to all intents and purpose to execute this my last will and testament according to the true intent of meaning of the same, and every part and clause thereof , hereby revoking and declaring utterly void all other wills and testaments heretofore made by me.

In Witness whereof, I the said J. M. Morton do here unto set my hand and seal the____ day of April, 1924

Signed: J. M. Morton

Signed, sealed, published and declared by the said J. M. Morton to be his last will and testament in the presence of us, who act at his request and in his presence do subscribe our names as witnesses thereto.

Signed: G. R. Lunsford
A. H. Wilkins

Record of Executors and Guardians, Caswell County, in the Superior Court before B. L. Graves, Clerk of Superior Court, August, 1924

In the Matter of the Will of J. M. Morton

R.L. Mitchell being duly sworn, doth say that that J. M. Morton, late of said county is dead, having first made and published his last will and testament, and that R. L. Mitchell is the executor named herein.

Further that the property of the said J. M. Morton, consisting of Real and Personal property, is worth about $3000.00 , so far as can be ascertained at the date of this application, and that Hattie Morton and Gladys Morton are the parties under said will entitled to said property.

Signed: R. L. Mitchell

Sworn to and subscribed before me, this 1st day of August, 1924

Signed: B. L. Graves
Clerk of Superior Court

Transcribed and contributed by Mark Phelps

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