Last Will and Testament of James Monroe Morton—April 1924
LastWill and Testament of James Monroe Morton—April 1924
NorthCarolina
CaswellCounty
I, J.M. Morton of the aforesaid County and State, being of sound mind butconsidering the uncertainty of my earthly existence, do make and declare thisto be my last will and testament.
First:My executor herein after named shall give my body a decent burial suitable tothe wishes of my children, and pay all funeral expenses, together will all myjust debts, out of the first moneys which comes into his hands belonging to myestate.
Second:Whereas my two daughters Hattie Belle and Gladys E. Morton are both minors ofthe ages of about eighteen and sixteen years respectfully, neither being oldenough to handle my estate legally, and Whereas, I have encumbered my landswith a deed of trust in the sum of Eight Hundred & Fifty Dollars and amdesirous of paying off the debt as early as possible so that my daughters maynot be paying interest on the aforesaid note, I do hereby authorize my executorhereinafter named to sell privately or at public auction that portion of landlying 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 lieuthereof I do authorize and empower himto sell all that portion of my lands lying on the south side of a plantationroad leading from the public road known as the Semora and Hightowers road, saidplantation road running between the feed barn and another barn nearby, andrunning in an easterly direction and out of the proceeds of the sale of eitherof the described lands he will pay the note that is secured by the deed oftrust on the place.
Third:After all my just debts are paid, I give devise and bequeath the residues of myestate shall be equally divided between my two daughters, Hattie B. Morton andGladys E. Morton share and share alike, said decisions to be made when GladysE. Morton shall arrive at the age of twenty-one years of age, until this division can be made it is my willand desire that R. L. Mitchell be and he is hereby appointed and constitutedtrustee of my estate which I will to my two daughters to have and to hold thecustody of the estate until the said Gladys E. Morton shall arrive at the fullage of twenty-one years.
Fourth:I herby constitute and appoint my trusty friend R. L. Mitchell, my lawfulexecutor and trustee to all intents and purpose to execute this my last willand testament according to the true intent of meaning of the same, and everypart and clause thereof , hereby revoking and declaring utterly void all otherwills 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 andtestament in the presence of us, who act at his request and in his presence dosubscribe our names as witnesses thereto.
Signed:G. R. Lunsford
A.H. Wilkins
Recordof Executors and Guardians, Caswell County, in the Superior Court before B. L.Graves, Clerk of Superior Court, August, 1924
Inthe Matter of the Will of J. M. Morton
R.L. Mitchell being duly sworn, doth say thatthat J. M. Morton, late of said county is dead, having first made and publishedhis last will and testament, and that R. L. Mitchell is the executor namedherein.
Further that the property of the said J. M.Morton, consisting of Real and Personal property, is worth about $3000.00 , sofar as can be ascertained at the date of this application, and that HattieMorton and Gladys Morton are the parties under said will entitled to saidproperty.
Signed:R. L. Mitchell
Swornto and subscribed before me, this 1st day of August, 1924
Signed:B. L. Graves
Clerkof Superior Court
Transcribedby: Latham Mark Phelps 12-14-2002