Amanuensis Monday~Will of Elizabeth Mariam ‘Mary Ann’ Huneycutt, 1885

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
 
Today’s subject is the Mecklenburg County Will of Elizabeth Mariam ‘Mary Ann’ Huneycutt, 1885 ¹


Transcription:

Mecklenburg County |-- In the Probate Court
In the Matter of the Will}
of Elizabeth M. Honeycutt} Before J. R. Ervin, C.S.C.

James F. Moody being sworn doth say: That Elizabeth M. Honeycutt late of said County is dead having first made and published his<sic> last Will and Testament and that James F. Moody is the Executor named therein. Further, that the property of said Elizabeth M. Honeycutt consisting of  Real and Personal property is worth about $1000- so far as can be ascertained at the date of this application and that Sarah Elizabeth Rigler Minnie Louiza Rigler Charles Edward Rigler Susan Frances Sarah Aldi Tobetha Leonora Honeycutt are the parties Entitled under said will to the said property.
Sworn to and Subscribed}                         Jas. F. Moody
before me this 16th day}
of Dec. 1885}
                J. R.Ervin
                      C.S.C
Page 138
WILL
North Carolina}
Mecklenburg County}
I, Elizabeth M. Hunneycutt of the aforesaid County and state being of sound mind and considering the uncertainty of my earthly existence do make and declare this my last will and testament.
First. My executor hereinafter 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 grandchildren (the children of my deceased daughter Mary A. C. Rigler) viz Sarah Elizabeth Rigler, Minnie Louiza Rigler and Charles Edward Rigler the house and lot jrouting (?) 45 feet an “C” Street adjoining the lot of John Schenck and running back to the line of James F. Moody and should either of my aforesaid grand-children die without bodily heirs or before the age of twenty one years then its or their intent shall revert to the surviving ones or their bodily heirs but should the aforesaid grandchildren all die without bodily heirs then this property shall revert and belong equally to my children and their lawful heirs.
Third. I give and bequeath to my beloved daughters Sarah Frances Giribaldi and Tobitha Lenora Hunneycutt the house and lot on which I reside the corner of First and “C” Street and running with “C” Street to the lot bequeathed to the Rigler grandchildren aforesaid thence with their line to Jas. F. Moody line thence to First Street and with it to the beginning but should either of my aforesaid daughters marry then she shall only inherit one sixth part of this lot and should Tobitha Lenora die without bodies heirs her interest shall revert to my remaining now living five children and their lawful heirs and should my daughters Susan
Page 139
Frances Garibaldi die before marriage her living children shall only inherit one sixth part of this lot.
Fourth. I will and bequeath  to my beloved daughter Tobitha Lenora Honeycutt all of my household and kitchen furniture and personal property left after paying my just and honest debts.
Fifth. I hereby constitute and appoint my trusty friend James F. Moody my lawful Executor to all intent and purposes to Execute this my Last Will and testament and  every part and clause thereof herby <sic>revoking and declaring utterly void all other Wills and testaments by me heretofore made, In witnefs I the said Elizabeth M. Hunneycutt do hereunto set my hand and seal this seventh day of May 1885.
Witness                          Elizabeth M. X her mark Hunneycutt {seal}
D. G. Maxwell
J. S. Robinson

State of North Carolina}
Mecklenburg County}  In the probate Court
A paper purporting to be the Last Will and testament of Elizabeth M. Honeycuut deceased is exhibited before me the undersigned C.S.C. for said county by James F. Moody the Executor therein mentioned and the due execution thereof by the said Elizabeth M. Honeycutt by the oath and examination of D. G. Maxwell and J. S. Robinson the subscribing witnefs thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is subscribing witnefs to the paper writing now shown him and purporting to be the Last Will and Testament of Elizabeth M. Honeycutt  that the said Elizabeth M. Honeycutt in the presence of the this deponent subscribed her name with a mark at the end of said paper – writing   which is now shown as aforesaid and which beards date of the 7 day of May 1885. And the deponent further saith That the said Elizabeth M. Honeycutt the testatrix aforesaid did at the time of subscribing her name as aforesaid declare the said paper writing so subscribed by her and Exhibited to be her Last Will and
Page 140
Testament and this deponent did thereupon subscribe his name at the end of said Will as an attesting witnefs thereto and at the request and in the presence of the said Testatrix. And this deponent further saith that at the said time when the said Testatrix subscribed her name to the said Last Will as aforesaid and at the time of the deponents subscribing his name as an attesting Witnefs thereto as aforesaid the said Elizabeth M. Hunneycutt was sound of mine 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.
Severely Sworn and Subscribed}                         D. G. Maxwell {seal}
this the 1st day of Dec 1885}                             J. S. Robinson {seal}
before me. J. R. Ervin}
                C.S.C.}
 
State of North Carolina}
Mecklenburg County} 
                                It is considered and adjudged by the Court that said paper writing and every part thereof is the last will and Testament of Elizabeth M. Honeycutt deceased. Therefore let said last will together with the proofs and this order be recorded.                                J. R. Ervin
Decb 16th, 1885                                 Clk Supr Court

Elizabeth Mariam Huneycutt was the daughter of Andrew Jackson Huneycutt and his wife Mary Ann Crayton. Elizabeth Miriam married Tobias A. Huneycutt on 7 November 1852 in Stanly County, North Carolina. Tobias A. was a son of  Marcus ‘Mark’ I. Huneycutt and Charity Dry.
Note: Do not mix this Tobias Huneycutt up with the Tobias Huneycutt that married Esther Clementine Weant on 15 march 1848.in Rowan County. That Tobias Huneycutt died in the Civil War.
 
Tobias A. Huneycutt is my second Great Grand Uncle thus his wife is my 2nd Great Grand Aunt. She is also my 2nd Cousin 3 times removed.






 
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[1] "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-20061-45138-38?cc=1867501 : accessed 29 February 2016), Mecklenburg > Wills, 1884-1891, Vol. L > image 86 of 322; county courthouses, North Carolina. Located in Mecklenburg County, NC Will Book 'L', pages 137-140 (Note: Will on-line at FamilySearch is so illegible that I had to order a copy from NC State Archives which I used to make this transcription.)