Friday, March 29, 2019

The Last Will and Testament of David W. Honeycutt




Transcription:

Will of David W. Honeycutt

Cabarrus County – In the Superior Court

In the matter of the Will of }  before Jno. M Cook
David W. Honeycutt}   Clerk of Superior Court


Geo. W. Dry, being duly sworn, doth says:-
     That – David W. Honeycutt, late of said County, is dead having first made and published his last will and testament and that he, the said “Geo. W. Dry, is the executor named therein.
Further, that the property of the said David W. Honeycutt, consisting of real and personal property, is worth about $400.00, so far as can be ascertained at the date of this application and that Caroline M.  Honeycutt, James A. Isenhour, Jacob B. Isenhour and James W. Peacock are the parties entitled under said will to the said property.
Subscribed and sworn to}                                 Geo. W. Dry
Before me Nov. 30, 1903}
Jno. M. Cook, C. S. C. }



WILL


I David W. Honeycutt of the County of Cabarrus 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:
Item:    I give and devise to my beloved wife Caroline M. Honeycutt thirty-eight acres of land set out by metes and bounds as follows--
     Beginning on a White Oak Wilson Honeycutt corner, thence So. 46 ½ W. 60 poles to a Stone – thence So. 45 poles to a persimmon, thence So. 57 E. 55 poles to a stone in G. C. Lentz field, thence No. 23 E. 76 poles to a stone, thence N. 20 E. 41 poles to a stone in G. C. Lentz line, thence with the said Lentz No. 54 West 15 poles to a stone, thence No. 20 E. 41 poles to a black oak, thence South 87 W. 40 poles to the beginning containing 38 acres be the same more or less – I now live on to have and to hold to her the said Caroline M. Honeycutt for and during the term of her natural life.


Item -   I give and bequeath to my beloved wife Caroline M. Honeycutt all the Household and Kitchen furniture, viz – 4 beds safe and bookcase bureau tables sewing machine Clock Cook stove safe &c also one cow.

Item – After the death of my beloved wife Caroline M. Honeycutt I give and bequeath to James A. Isenhour, Jacob B. Isenhour and James W. Peacock the thirty-eight acres of land bounded as follows,

Beginning on a White Oak Wilson Honeycutt corner, thence So. 46 ½ W. 60 poles to a Stone – thence So. 45 poles to a persimmon, thence So. 57 E. 55 poles to a stone in G. C. Lentz field, thence No. 23 E. 76 poles to a stone, thence N. 20 E. 41 poles to a stone in G. C. Lentz line, thence with the said Lentz No. 54 West 15 poles to a stone, thence No. 20 E. 41 poles to a black oak, thence South 87 W. 40 poles to the beginning containing 38 acres be the same more or less.

And lastly, I do hereby constitute and appoint trusty friend Geo. W. Dry 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.
     I witness whereof I the said David W. Honeycutt do hereunto set my hand seal this 14 day of Feb. 1903. 
                                                                      David W. Honeycutt {Seal}


Signed sealed published and declared
by the said David W. Honeycutt 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.
         John D. Klutts
         H. C. Lentz
         G. C. Lentz



State of North Carolina}  In Superior Court
Cabarrus County}   Before Jno. M. Cook, Clerk


In Re estate of}
David W. Honeycutt, deceased} Order for probate of Will


A paper writing purporting to be the last Will and testament of David W. Honeycutt, deceased, is exhibited in open Court for probate by Geo. W. Dry, Executor therein named, and the due execution thereof by the said David W. Honeycutt, deceased, is duly proven by the oath and examination of G. C. Lentz and H. C. Lentz two of the subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said David W. Honeycutt was at the time of making said will of sound mind and memory of full age to execute a Will under no restraint to their knowledge, information or belief:
     It is thereupon considered adjudged and decreed that said proof is sufficient and according to law and that said paper is and contains the last Will and Testament of David W. Honeycutt deceased. And on motion, it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Cabarrus County and as such filed as provided by law in the office of the Clerk of Superior Court of said County.
     It is further ordered that said Geo. W. Dry be allowed to qualify as executor as provided by and enter upon the discharge of the duties imposed by said trust, which is this day done and letters testamentary issued.
     Dated this the 30 day of November 1903.
                                                              Jno. M. Cook
                                                              Clerk of Superior Court


David W. Honeycutt wrote his Will on 14 Feb 1903. He died 29 March 1903. David W. Honeycutt was twice married. His first wife was Mary M. Ulmsted who he married 3 Feb. 1857. The marriage was performed by the Rev. Levi Cook Grosclose, a Lutheran Minister. George and Mary can be found living with the Reverend and his wife in the 1860 census for Rowan County, North Carolina. David next married Caroline M. Crowell on 27 May 1877. In the meantime, David was found in his parents' household in 1870 and in 1880 his father is deceased and his Mother Sarah is living in his household with his wife Caroline and two Isenhour nephews. No children have been found from either marriage. 







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[1] WILL BOOK 4, Pages 506, 507 & 508
Cabarrus County, North Carolina
https://www.familysearch.org/ark:/61903/3:1:33SQ-GGZN-V3Y?i=265&wc=32G4-829%3A169768201%2C170908201&cc=1867501

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