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Thursday, July 16, 2015
Treasure Chest Thursday~Will of William W. Gathings, dated March 1903
On this Treasure Chest Thursday we will be looking at the Will of William W. Gathings.
Transcription of the Will:
William W. Gathings WillNorth Carolina
Anson County
I, William W. Gathings, of the aforesaid County and State,being of sound mind, but considering the uncertainty of my existence do make and declare this my last Will and Testament.
First – My executor, hereafter named shall give my body a decent burial suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts out of the first moneys which may come into his hands belonging to my estate.
Second – I give and devise to my beloved wife Charlotte Gathings all that tract of land on which I now reside, the same being situated partly in the town of Morven, N.C. and containing seventy-four acres more or less, for her natural life, and a second tract of land in Morven Township Anson County, situated on the waters of Jones Creek adjoining the land of J. C. Hines, Joel Wright, the James Ratliff estate land, and others. The last named tract being two tracts which I purchased from G. W. Ratliff.
Third – I give and bequeath to my wife Charlotte Gathings all the household and kitchen furniture and all other personal property that I may have at my death.
Fourth- I give and devise to my son Thomas C. Gathings, the tract of land on which I now live, subject to the life estate of my wife as devised in a former item of this my will, to have and to hold, to him and his heirs in fee simple.
Fifth – I give and devise to my two and only daughter Sarah Frances, wife of Calvin Deese, Clara C.,wife of Zachariah Deese, equally and Jointly, share and share alike all that tract of land, situated in Morven Township, Anson County, on the waters of Jones creek, being the same land which I purchased of G. W. Ratliff, the same being subject to, the life estate of my said wife as devised in a former item of this my will, to have and to hold, to them and their heirs in fee simple.
Sixth – My Will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above mentioned, shall be sold, and the debts owing to me collected, and if there should be any surplus over and above the payment of debts, expenses and legacies, that such surplus shall be equally divided and paid over to my said wife and all my children in equal proportions, share and share alike.
Seventh – I hereby constitute and appoint my son, Thomas C. Gathings, 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, and every part and clause thereof – hereby revoking and declaring utterly void all other Wills and Testaments by me heretofore made.
In Witness whereof I, the said William W. Gathings do hereunto set my hand and seal, this 29th day of March 1903-
William W. Gathings {seal}
Signed, sealed, published and declared by the said William W. Gathings 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.
R. J. Baucom
U. D. Liles
State of North Carolina )
Anson County} In the Superior Court.
The foregoing paper writing, purporting to be the last Will and Testament of the late William W. Gathings of said County and State, is this day provided for probate in our said Superior Court by Thomas C. Gathings, the executor named therein, and the due execution thereof is proven by the oath and examination of U. D. Liles and R. J. Baucom, the subscribing witness thereto, who being severally duly sworn according to law, do depose and say, and each for himself deposeth and saith, that at the date therein named the said William W. Gathings signed his name at the end of said paper writing, and declared the same to be His last Will and Testament in the presence of these Witnesses and that thereupon these Witnesses signed their names thereto as witnesses, in the presence of the testator,and at his request; and that, at the time of the execution thereof as aforesaid by the testator and the attestation thereof by these witnesses, the said William W. Gathings was of sound mind and memory,of full age to execute a Will and was not under restraint to the knowledge,information or belief of these Witnesses. Therefore let said paper writing be admitted to probate and recorded as the last Will and Testament of the said William W. Gathings deceased-
Done at office Wadesborough this,the 26th day of July A.D. 1909 – when and where the said Thomas C. Gathings qualified as executor, and letters testamentary issued to him.
Thomas C. Robinson
Clerk of Superior Court
William W. Gathings died 24 May 1909. He left surviving him, his wife, Charlotte [Jones] Gathings, two daughters, Sarah Frances and Clara and a son, Thomas C. Gathings. Sarah Frances and Clara W. Gathings were married to brothers; John Calvin and Zachariah Deese.
John Calvin was my Great Grandfather and Sarah Frances was my step Great Grandmother. My Great Grandmother was Louvena Huneycutt; John Calvin first wife who passed away from child birth complications.
William W. Gathings left his wife and children a grand legacy free from worry. His wife, Charlotte, passed away approximately 14 months later in August 1910. They are buried in the Morven Cemetery, Morven, Anson County, North Carolina.
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[1] "North Carolina, Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19387-40801-9?cc=1867501&wc=MDRZ-M6D:169763901,169873501 : accessed 15 July 2015), Anson > Wills, 1904-1920, Vol. E > image 88 of 355; county courthouses, North Carolina.
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