Will of William Haywood⁽²⁾

Montgomery County

I Thaddeus Haywood, Exr & Jesse Haywood co-executor, do solemnly swear that I believe this writing to be and contain the last Will and Testament of William Haywood, Sr. deceased; and that we will well and truly execute the same by first paying his debts and then his legacies, as far as said estate shall extend, on the law will charge us; and that we will well and faithfully execute the office of an Executor & Co-executor agreeable to the trust and confidence reposed in us, and according to law; So help me God

(signed)

T.F. Haywood

J.B. Haywood

Executors

Sworn to and Subscribed before me this 18th Day of June, 1888.

(signed)

W.R. Harris . . .

I, William Haywood of Mt. Gilead Township County of Montgomery and State of North Carolina having arrived at an advanced age and being aware of the uncertainty of life and the certainty of death, and being of sound mind and memory, and wishing to indicate clearly the disposition I would have made of my effect after my death, I make publish and declare the following to be my last will and testament; (To wit)

1st - I will and bequeath to my beloved wife Henrietta Haywood⁽³⁾ a life estate in one undivided half of the tract of land on which I now reside, said tract embracing two hundred and fifty-two acres more or less, it being the same purchased by Jesse haywood, myself and Miles Haywood from A.W. Chambers, save and except six or seven acres sold by Moses Haywood to F. (T?) Martin. Further, I bequeath to my wife a life estate in sixty acres entire situated on Disons(?) Creek adjoining the above named tract and granted to me in the year of our Lord 1844.

II

I will and bequeath to my beloved wife five hundred dollars in the currency of the United States. One hundred bushels of corn, twenty five bushels of wheat, twenty-five hundred lbs. of fodder, twenty-five lbs. coffee, fifty lbs. sugar, ten gallons molasses, two hundred lbs. bacon or pork, twenty lbs. lard, two horses or mules of her own choice out of ,y stock, together with all the house hold and kitchen furniture with this provision that she provide Jesse, Oscar and . . . a bed and furniture each. And upon the death of my beloved wife it is my will and desire that all the above named property both real and personal shall descend to my two sons, Jesse⁽⁴⁾ and Oscar⁽⁵⁾.

III

I bequeath to my son Oscar the other half undivided of tract of land on which I now reside, it being the remaining half of the tract embracing the first bequest to my wife together with the Miles Haywood homestead on which which he last resided in Montgomery County, containing one hundred and eighty acres embracing the original tract on which the said Miles Haywood resided and the tract known as the Moses Haywood . . . and the Chris Hooker tract, Beginning on a sloppy ridge, See Deed from Miles Haywood and wife to William Haywood. I further bequeath to my [son] Oscar Haywood one horse and mule of his own choice after his mother's selection together with a bridle and saddle and one cow and calf, together with five hundred and fifty $550 dollars in United States Currency.

IIII [IV]

I bequeath to my son Jesse on half of all the lands which I bought from W.H. Robinson and wife. I further bequeath to my son Jesse the tract of land known as the John Byrd tract - containing one hundred and ten or fifteen acres adjoining T.F. Haywood and others together with one horse and mule bridle and saddle, also five hundred and fifty $550.00 dollars in United States Currency, also one cow and calf.

5^th

I will and bequeath to my son Thaddeus F. Haywood⁽⁶⁾ the remaining half of the William Robinson land, the other half being . . . before bequeathed to my son Jesse, also a tract known as the James Byrd land containing originally eighty-three acres, sixty seven & 3/4 acres now, 15 1/4 acres having been sold to James Martin, also two hundred dollars United States Currency.

6^th

I will and bequeath to my grandson . . . Green my father's old homestead together with twenty-five acres which my father gave to Moses Haywood, all of which I purchased from my brother Moses Haywood. I further will and desire that my grandson Chesley Green shall have another tract which is situated on the waters of Thickley-Creek adjoining Calvin . . . and others embracing seventy acres which I purchased from Robert L. Green together with three hundred $300.00 dollars United States Currency.

7^th

I bequeath to my son William R. Haywood⁽⁷⁾ seven hundred $700.00 dollars currency of the United States.

8^th

I will and bequeath to my daughter Mary Ann Townsend⁽⁸⁾ five hundred $500.00 dollars currency of the United States.

9^th

I bequeath to my daughter Lucy Jane Bruton⁽⁹⁾ five hundred $500.00 dollars currency of the United States.

10^th

I will and bequeath to my daughter Elizabeth Harris⁽¹⁰⁾ five hundred $500.00 dollars currency of the United States.

11^th

It is also my will and desire that my beloved wife Henrietta Haywood shall have my buggy and sewing machine.

12^th

And when I have mentioned life estate I mean the natural life of my wife.

13^th

It is my will and desire that if any of the above named legatees shall die without issue that his or her share or legacy shall descend to all the others in common.

14^th

If there is not enough money to meet all these bequests - then it my desire that each receive in proportion, if more than enough then . . . each legacy by augmented in proportion nothing herein contained shall effect the disposition of the real bequests.

15^th

I now and hereby appoint my true and affectionate son Thaddeus F. Haywood my executor with instructions to deliver to each legatee his or her legacy within due time after my death. . . . the mission legatees by invested upon their arrival at the age of twenty-one years.

In testimony whereof I hereto set my hand and affix my seal.

This Sept 21, 1881

(signed)

W. Haywood (seal)

Attest-

(signed)

E. Hurley

A.M. Haywood

M.S. Martin

A supplement to the foregoing will.

It is my will and desire the land purchased since the execution of the foregoing shall be equally divided between my three sons Thaddeus F. Haywood, Jesse Haywood and Oscar Haywood, said purchases consisting of fifty acres from E, Hurley & wife, 255 1/2 acres from M.S. Martin and wife, and seven acres from W.T. Lisk & wife. Hoping they may divide the same amicably, but in case of disagreement it shall be left to referees whose action shall final.

And further it is my will and desire that where I have directed that each of my three daughters should have five hundred dollars (to witt) that Mary Ann Townsend, Lucy Jane Bruton and Elizabeth Harris shall have four hundred only instead of the five hundred first provided for. In other respects it is my desire that the above provisions remain unchanged except that I desire that my son Jesse⁽¹¹⁾ shall act as co-executor with my son T.F. Haywood.

In testimony whereof I hereunto set my hand and affix my seal.

(signed)

W. Haywood (seal)

Apr. 13, 1885

Attest-

(signed)

E. Hurley

M.S. Martin

2nd Supplement

It is my will and desire that and property which I now have that is not disposed of in the above will or any that I may hereafter acquire shall be sold at public auction by my executors after giving twenty days notice. The personal property for cash and the real property on time our wish holding title till purchases money is paid and proceeds distributed equally among all my heirs, first however, giving each of my three daughters an additional hundred dollars which will make the original bequest. My purpose being to give these the amounts originally directed but in case there should not be sufficient money that my said daughter legacies be reduced to four hundred each.

In testimony whereof I hereunto set my hand and affix my seal

(signed)

W. Haywood

This April 13, 1885

Attest-

E. Hurley

M.S. Martin

Montgomery County

In the matter of the will of William Haywood, Sr. ) Before W.R. Harris

C.S.C.

Thaddeus Haywood, Exr & Jesse Haywood Co-executor being duly sworn, doth say that William Haywood, Sr. late of same county is dead, having first made and published his last Will and Testament; and that Thaddeus Haywood is the executor therein and Jesse Haywood co-executor named therein. Further that the property of the said William Haywood, Sr. consisting of real & personal property is worth about $8,300.00 so far as can be ascertained at the date of this application; and that Henritta Haywood, Thaddeus Haywood, William R. Haywood, Lucy Jane Bruton and Mary Ann Townsend, Elizabeth Harris, Chesley T. Green, Jesse Haywood (of whom Oscar Haywood is a minor with a guardian) are the parties entitled under said will to the said property.

Sworn to and subscribed before me this 18th day of June, 1888.

(signed)

W.R. Harris, C.S.C.

(signed)

T.F. Haywood, Executor

J.R. Haywood, Co-executor

State of North Carolina

Montgomery County

A paper purporting to be the last Will and Testament of William Haywood, Sr. deceased is exhibited before me, the undersigned, Clerk of Superior Court for said county by Thaddeus Haywood the executor & Jesse Haywood Co-executor therein mentioned and the due executions thereof by the said Thaddeus Haywood Exr & Jesse Haywood Co-executor by the oath and examinations of E. Hurley, M.S. Martin and A.W. Haywood the subscribers being witnesses thereto; who, being duly sworn, doth say that he is a subscribing witness to the paper writing now shown here purporting to be the last will and testament of William Haywood, Sr. dec'd; that the said William Haywood, Sr. in the presence of these deponents subscribed his name at the end of said paper writing now shown here, and which bears date of the 21st day September 1881 and supplement to the will which bears date 13th day of April 1885, and the Deposed further saith that the said William Haywood, Sr. the testator aforesaid did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and () 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 this deponent further saith that at the said time where said testator subscribed his name to the said last Will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto as aforesaid the said William Haywood, Sr. 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.

(signed)

Elias Hurley (seal)

M.S. Martin (seal)

A.M. Haywood (seal)

witness to the . . . first part of this Will

Severally sworn and subscribed the 18th day of June 1888 before me

(signed)

W.R. Harris, CSC

State of North Carolina

Montgomery County

Know all men by the presents that . . . .

1. Please cite as "Notes and Files of James Alan Flynt." Note some grammatical, and spelling corrections may have been made by the author. Also note that some text may be organized for easier reading and/or analysis.

2. William Haywood (1809-1888), child of Jesse Haywood.

3. Henrietta Baldwin Green

4. Jesse Haywood (1866), child of William Haywood and Henrietta Baldwin

5. Oscar Haywood (1868), child of William Haywood and Henrietta Baldwin

6. Thaddeus Franklin Haywood (1831-1813), child of William Haywood and Elizabeth Robinson

7. William R. Haywood (1833), child of William Haywood and Elizabeth Robinson

8. Mary Ann Haywood (Abt. 1845), child of William Haywood and Elizabeth Robinson

9. Lucy Jane Haywood (1838), child of William Haywood and Elizabeth Robinson

10. Elizabeth Haywood (1842), child of William Haywood and Elizabeth Robinson

11. Jesse Haywood has now reached adulthood since he can now act as an executor.