Amanuensis Monday~Last Will and Testament of Daniel Sides

 
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 Last Will and Testament of Daniel Sides, 1880.¹


Transcription:
Exhibit A
Last Will and Testament of Daniel Sides
I Daniel Sides of the County of Iredell and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following that is to say:
First, That my executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends, and pay all funeral expenses together with all my just debts whosoever and to whomsoever owing out of the moneys that may first come into hands as part or parcel of my estate.
Item. I   devise to my beloved wife Esther Sides all my real and personal property to have and to hold as long as she lives, then to be divided as hereinafter mentioned, and I further devise that Noah, A. A. & James M. Sides tend the farm and take care of all the family I may leave here at my death and pay all doctor bills, and if the said Noah, A. A. & James M. Sides do not tend the farm as above mentioned and take care of the family as above named then my wife Esther shall have power to rent to the highest bidder all the lands and apply the proceeds to the maintenance of the family.
Item. I devise and bequeath to my son J. W. Sides the North part of the Robin Potts tract of land beginning at the Thomas James corner thence to post oak corner not far from the James barn thence North to James M. Sharpe corner thence West to Mary Sharpe line thence South to the north edge of the timber south of the house he now lives in thence eats to the spring bench thence South to the beginning; And the remainder of the tract shall be left as it is if they the children can agree to keep it if not it shall be sold to the highest bidder and the money divided between the children living at the time of sale.
Item. I further devise that as long as the children remain single the place where I now reside shall be a common home for them all but if any of them shall marry them they the married ones shall look out for some other place.
Item. I further devise that if any of my children shall die without heirs their part shall go back to the other children living.
Item. I give and bequeath to my grandson William Sides fifty dollars to be paid to him at the expiration of three years after my death.
Item. I give and bequeath to my granddaughter Mary Sides twenty five dollars to be paid at the expiration of three years after my death.
Item. I give and bequeath to my grandson Lawrence C. Sides twenty five dollars to be paid to him at the expiration of three years after my death.
Item. I further devise that after the death of my wife Esther Sides all my lands except the home place shall be equally divided between my children living at my death, by a commission consisting of three disinterested men, and then each child’ slot shall be determined by drawing for it; and the home place shall remain a home for all the single members of the family as long as they shall live, if they choose to do so, and then be divided between the next of kin. 
Item. I further devise that at the death of my wife Esther Sides all the personal property be equally divided between my living children or in case they can’t agree then to be sold to the highest bidder and the proceeds divided equally among them.
And lastly, I do hereby constitute and appoint my sons, J. W. Sides, Noah Sides, A. A. Sides, and James M. Sides my lawful executors 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 Daniel Sides do hereunto set my hand and seal this 9th day of January 1880.
                                                                        Daniel Sides {seal}
Signed Sealed published and}
Delivered by the said Daniel Sides}
To be his last Will and Testament}
In the presence of us,  who at}
His request and in his presence}
Subscribed our names as Witnesses}
thereto }
Henry Matheson}
R. A. Stow}

Probate of Will of Daniel Sides
State of North Carolina} SS       In Probate Court
Iredell County}
A paper purporting to be the last Will and Testament of Daniel Sides deceased is Exhibited before me the undersigned Judge of Probate for said County by J. W. Sides, Noah Sides, A. A. Sides, & James M. Sides the Executors therein Named, and the due Execution thereof by the said Daniel Sides by the oath and Examination of R. A. Stow  & Henry Matheson the subscribing witnesses thereto; who being duly sworn, do depose and say, and each for himself deposeth & Saith that, he is a subscribing witness, to the paper writing now shown him purporting to be the last Will & Testament of Daniel Sides that the Said Daniel Sides in the presence of these deponents subscribed their names at the end of the said paper writing which is now shown as aforesaid and which bears date of the 9th day of January 1880.
And the deponents further say, That the said Daniel Sides the testator aforesaid did at the time of subscribing his name as afforesaid <sic> declare the said paper writing so subscribed by him and exhibited to be his last Will & testament and these deponents did thereupon subscribe their names at the ends of said Will as attesting witnesses thereto and at the request and in the presence of said testator; And these deponents further say that at the said time when the said testator subscribed his name to the said last Will as aforesaid and at the time of the deponents subscribing their names as attesting witnesses thereto as aforesaid the said Daniel Sides was of sound Mind and memory and was not under any restraint to the knowledge information or belief of these deponents and further these deponents says not.
                                                            R. A. Stow {Seal}
                                                            H. Matheson {Seal}
Severally Sworn and Subscribed}
This the 19th day of April 1881}
before me.}
J. B. Connelly, PJ}

Renunciation of J. W. C. Sides & Noah Sides
State of North Carolina}
Iredell County}            We Noah Sides and J. W. Sides Executors named in the last Will & Testament of Dan’l Sides do hereby renounce our rights to Letters Testamentary on Said last Will & Testaments and decline to qualify as Executors of the Same.
April 19th 1881}                                          J.W. C. Sides
J. B. Connelly, PJ}                                         Noah Sides

Daniel Sides borne 1806 died shortly before April 1881. His Will and Estate, largely real property, was probated in April 1881. He married Esther Dry daughter of Johann Martin Dry and Catherine Keppel.
Daniel and Esther had a large family of 12 children; 7 sons and 5 daughters. 
No tombstone have been found for Daniel or his wife Esther. A specific death date was not included in his probate file.

 
Daniel Sides is the husband of my 3rd Great  Grand Aunt, Esther Dry Sides.









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"North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-20062-28928-13?cc=1867501 : 21 May 2014), Iredell > Wills, 1884-1896, Vol. 05 > image 256 of 464; county courthouses, North Carolina.