Amanuensis Monday~Last Will and Testament of Mary Ann Honeycut

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 Mary Ann Honeycut. ¹



Mecklenburg Country Will Book “K’”
Will of Mary Ann Huneycutt
Page 481
Mecklenburg County} In the Probate Court
In the matter of the} Before J. R. Erwin
Will of Mary Ann Honeycut) Judge of Probate
Application:
F. J. Osborne being sworn, doth say “That Mary Ann Huneycut, late of said County is dead, having first made and published her last will and testament; and that there is no executor named therein _ Further, that the property of the said Mary Ann Huneycut consisting of a lot of land in the city of Charlotte is worth about $2000, so far as can be ascertained at the date of this application, and that Mary Elizabeth Kendrick is the party entitled under said will to said property, the same being devises to F. J. Osborne and James W. Osborne in trust for said Mary Elizabeth Kendrick.
Sworn to and subscribed
Before this day of F. J. Osborne
December 1881
Jno. R. Erwin
Probate Judge

Will:
I, Mary Ann Huneycutt of Mecklenburg County in the State of North Carolina, being of sound mind, but considering the uncertainty of life, do make and declare this my last Will and testament in manner and form following_ I give, devise and bequeath all my real estate on Graham Street in the city of Charlotte conveyed to me by J. H. McAden & wife, to F. J. Osborne and James W. Osborne and the heirs of them and the heirs of the survivor, to hold in trust for the benefit of my beloved niece Mary Elizabeth Kendrick during her life.- The terms of the trust are as follows, Viz: That the said F. J. Osborne and James M. Osborne shall have charge of the said property after my death, collect the rents and profits arriving therefrom, and apply the same, or so much thereof as shall be necessary to the support and education of the said Mary Elizabeth Kendrick and the balance if any to invest for her benefit- And the said Trustees shall have the power when the said Mary Elizabeth Kendrick has arrived at the age of Twenty one years, by and with her consent, or before that time by and with the consent of her guardian to sell said property make good and sufficient title to the Purchaser, and to invest the money arriving from such sale in other property either real or personal, for her benefit.- It is my will that this trust shall expire at the death of the said Mary Elizabeth Kendrick and that the said property or the property substituted therefor, shall descend to her heirs, or to such person or persons as she may by will appoint---~~~~----
And I do herby revoke and make void all and every other will or wills by me heretofore made. In witness whereof, I, the said Mary Ann Huneycutt, have hereunto set my hand and seal this day of 1880.-
Signed, declared and published}                                           Mary Ann X her mark Huneycutt
By the above named Mary Ann]
Huneycutt for her last will}
And testament in the presence}
Of us, who at her request, and}
In her presence have subscribed}
Our names as witnesses thereto}
John A. Bixby
H. D. Duckworth

Page 483
State of North Carolina} In the Probate Court
Mecklenburg County}
A paper purporting to be the last will and testament of Mary Ann Huneycutt deceased, is exhibited before me, the undersigned, Judge of Probate for said County, by F. J. Osborne one of the Trustees therein mentioned, and the due execution thereof by the said Mary Ann Huneycutt by the oath and examination of John A. Bixby & H. D. Duckworth the subscribing witnesses thereto, who being duly sworn, doth depose and say and each for himself deposeth and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and Testament of Mary Ann Huneycutt that the said M. A. Huneycutt in the presence of the deponent subscribed her name with a mark, at the end of said paper writing which is now shown as aforesaid, and which bears date of the __day of – 1880 and the deponent further saith that the said Mary Ann Huneycutt the testatrix aforesaid, died at the time of subscribing her name as aforesaid declared the said paper writing so subscribed by her and exhibited to be her 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 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, the said Mary Ann Huneycutt was sound of mind and memory, of full age to execute a will and was not under any restraint to the knowledge information and belied of this deponent And further these deponent say not.
Severally sworn and                                   Jno. A. Bixby {seal}
Subscribed this 24 day                               H. D. Duckworth {seal}
Of December 1881, before me
Jno. R. Erwin
Probate Judge

Page 484
North Carolina}
Mecklenburg County} It is considered and adjudges by the Court that said paper writing and every part thereof is the last will and Testament of Mary Ann Huneycutt Therefore let said last will together with the proofs an this order be recorded.
Decr. 24. 1881 Jno. R. Erwin
Clk. Supr. Court
Mecklenburg County, NC

Mary Ann Kendrick was the wife of Andrew Jackson Huneycutt (1853- aft 28 Sept 1919). Andrew was alive at the death of his 2nd wife on 28 Sept. 1919.








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[1] Mecklenburg County, North Carolina, LDS FHL microfilm #0019304: Will Book: K, pages 481-483 Mary Ann Huneycutt; Family History Library, Salt Lake City, Utah.