He married Edith Moorer in 1908 and their 1st born, Robert Clinton, was listed as age 1 in the 1910 Census for Robeson County, North Carolina.
Transcription:
Last Will of O. C. Deese
NORTH CAROLINA,
ROBESON COUNTY.
I, O. C. Dees, of the aforesaid County and State, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, that is to say:
First: My executrix, herein after 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 of my just debts, out of the first moneys which may come into her hands belonging to my estate.
Second: I give and bequeath to my sister, Ellen Dees, the sum of One Hundred Dollars, in cash, to be paid by my executrix out of the moneys belonging to my estate.
Third: I give and bequeath to my brother, Durham Dees, the sum of One Hundred Dollars, in cash, to be paid by my executrix, out of the moneys belonging to my estate,
Fourth: I give and devise unto my beloved wife, Edith Dees, the house and lot where I now live at the corner of Elm Street and Elizabeth Road, for and during the term of her natural life,
Fifth: Subject to the provisions of Item Four hereof, I give and devise my said house and lot where I now live, at the corner of Elm Street and Elizabeth Road to my four children, Robert, Louise, Lafayette and Worth, share and share alike, in fee simple.
Sixth: I give and devise unto my son Robert Dees my two store buildings on Fourth Street, in Lumberton, N.C., being the same now occupied by Dubois Bakery and by____McQueen, in fee simple.
(Cont, Page 451)
Seventh: I give and devise unto my daughter, Louise Dess, my store building on Fourth Street, in Lumberton, N.C., being the same now occupied by Bunyan Warwick, also my house and two lots situated on Cedar Street, Lumberton, N.C., also the two and one half lots, together with the colored tenant house situated thereon, located in the northern part of the town of Lumberton, N.C., known as Lindell, in fee simple.
Eighth: I give and devise unto my brother Durham Dees, for and during the term of his natural life, one half of my sales stables, located on Fourth Street, in the town of Lumberton, N.C.
Ninth: Subject to the terms of Item Eight hereof, I give and devise unto my son Lafayette Dees, my sales stables, located on Fourth Street, Lumberton, N.C., in fee simple.
Tenth: I give and devise unto my son, Worth Dees, the store building, located on Fourth Street in the town of Lumberton, N.C., now occupied by _______ Stone, also the vacant lot situated next to the same; also my farm, in Britt’s Township, Robeson County, containing 65 acres, more or less, and being the same land conveyed to me by L. J. Britt, Trustee, by deed duly of record, to be his in fee simple.
Eleventh: I give and devise unto my brother Durham Dees and my sister, Ellen Dees, for and during the terms of their natural life, and the natural life of the survivor thereof, the house and lot where they now live.
Twelfth: Subject to the terms of item Eleven hereof , I give and devise unto my son Lafayette Dees, the house and lot now occupied by Durham Dees and Ellen Dees, together with the vacant lot owned by me, lying on the Elizabeth Road, on which was formerly situated my garage, in fee simple.
Thirteenth: I give and bequeath unto my daughter, Louise Dees, ten shares of National Cotton Mills stock, to be hers absolutely.
Fourteenth: I give and bequeath unto my son, Robert Dees, one share of stock owned by me in the Lumberton Tobacco Warehouse, to be his absolutely.
Fifteenth: I give and bequeath unto my son Lafayette Dees, two shares of National Bank of Lumberton stock, to be his absolutely.
Sixteenth: I give and devise unto my son, Robert Dees, my tract of land located in Britt’s Township, known as the Rube Lovett place; containing approximately eleven acres, in fee simple.
Seventeenth: I give and devise unto my son, Lafayette Dees, my tract of land in St. Paul’s Township, containing 35 acres, more or less, purchased by me from A. E. White, in fee simple.
Eighteenth: I give, devise and bequeath unto my wife, Edith Dees, the sum of Ten Thousand Dollars, to be paid to her in cash out of the proceeds of my life insurance policies.
Nineteenth: All of the rest, residue and remainder of my property, whether real, personal or mixed, and wheresoever the same may be located, I give, devise and bequeath unto my wife, Edith Dees in fee simple and absolutely.
Twentieth: I hereby constitute and appoint, my said wife, Edith Dees, my lawful executrix, to all, intents and purposes, to execute this my Last Will and Testament, without bond, 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 O. C. Dees, do hereunto set my hand and seal, this 25th day of June, 1934.
O. C. Dees {Seal}
Signed, sealed, published and declared by the said O. C. Dees to be his Last Will and Testament, in the
(Cont, Page 452)
presence of us, who, at his request and in his presence (and in the presence of each other) do subscribe our names as witnesses thereto.
G. L. Canady
B. F. McMillan, Jr.
North Carolina, In The Superior Court,
Robeson County.
In the matter of the will
of O. C. Dees. - P E T I T I 0 N –
T0 HONORABLE Q.K. NIMOCKS, JR., RESIDENT JUDGE NINTH JUDICIAL DISTRICT.
Your petitioner, Edith Dees, respectfully shows the court:
1. O. C. Dees, late of Robeson County, died on the 11th. day of February, 1947, leaving a last Will and testament, dated June 25, 1934, the execution of which will was duly witnessed by G. L, Canady and B. F. McMillan, Jr., the original being herewith presented to the court for its inspection.
2. Petitioner, wife of O.C. Dees, is named both as devisee and executrix in the will and is therefore a party in interest.
3. The attesting witness of the will, B. F. McMillan, Jr., is one and the same person as B. F. McMillam, who is now Clerk of the Superior Court of Robeson County, and under the provisions of General Statutes, Section 2-17, he is disqualified to probate the aforesaid last will and testament.
4. Under the provisions of General Statutes 2-20, where the Clerk of the Superior Court is disqualified to act under the provisions of General Statutes 2-17, then the Judge of the District is authorized and empowered to make and render any orders or judgments in any proceedings as if he had the same original jurisdiction as the Clerk of the Superior Court.
5, That the court require the will to be produced before it and then proceed to probate it in accordance with law.
And your petitioner will ever pray.
Edith Dees
Sworn and subscribed before me this
the 24 day of February, 1947.
E. J. Britt
Notary Public
My commission expires: Oct. 1, 1947
(NOTARIAL SEAL)
North Carolina,
Robeson County. In the Superior Court.
In the matter of the will
O f O. C. Dees - O R D E R –
This cause coming to be heard and being heard before t=his Honor Q. K. Nimocks, Jr., Resident Judge Ninth Judicial District at Lumberton, North Carolina, on the 24th day of February, 1947 upon the petition of Edith Dees, and upon considering the same, am dither satisfactory proof the court finds the facts therein set forth to be true.
IT IS, THEREFORE, ORDERED, ADJUDGES AND DECREED that the last will and testament be presented to the court FOR PROBATE. AND THE WITNESSES, G. L. Canady and B. F. McMillan, Jr., shall
(Cont, Page 453)
appear before the court for the purpose of examination, according to law.
Q. K. Nimocks, Jr.
Resident Judge Ninth Judicial District
Holding the February 1947 Term, Robeson
County Superior Court.
North Carolina,
Robeson County.
In the matter of the will - AFFIDAVIT OF WITNESSES AND ORDER PROBATING WILL -
of O. C. Dees.
A paper writing hereto attached and purporting to be the last Will and testament of O. C. Dees, deceased, bearing the date of June 25, 1934, is exhibited before the undersigned Resident Judge of the Ninth Judicial District (hearing this cause under Section 2-17 General Statutes) by Edith Dees, the executrix therein named, and thereupon the following proof thereof is taken by the oath and examination of G. L. Canady and B. F. McMillan, Jr., the subscribing witnesses thereto, as follows:
North Carolina - Robeson County.
G. L. Canady and B.F. McMillan, Jr., being duly sworn, each for himself deposes and says that he is a subscribing witness to the said paper writing now shown him, purporting to be the last will and testament of O. C. Dees, and that he saw the said O.C. Dees, execute this writing as his last will and testament, and that affiant attested it in the presence and at the request of the said O. C. Dees, deceased; and that at the time of the execution said 0. C. Dees. was, in affiant’s opinion, of sound mind and disposing 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.
G. L. Canady
B. F. McMillan, Jr.
Severally subscribed and sworn to before me, this the 24 day of February, 1947.
Q. K. Nimocks, Jr.
Resident Judge Ninth Judicial District
Holding the February 1947 Term, Robeson
County Superior Court.
And, thereupon, it is ORDERED AND ADJUDGED by the court that the said paper writing and every part thereof is the last will and. testament of O.C. Dees, deceased, and it is ordered that the same, with the foregoing examination and this certificate, be recorded and filed.
This the 24 day of February, 1947.
Q. K. Nimocks, Jr.
Resident Judge Ninth Judicial District
Holding the February 1947 Term, Robeson
County Superior Court.
FILED FEB 24 1947
B. F. McMILLAN, C. S. C.
ROBESON COUNTY, N. C.
Owen Clinton Dees is my 2nd Cousin twice removed.
___________________________
[1] Robeson County, North Carolina, Will Book 9, pages 450-453; Last Will of Owen Clinton Dees; Robeson County Probate Office, Lumberton, Robeson County, North Carolina.
[2] https://www.familysearch.org/ark:/61903/3:1:33S7-9GCC-9GT?i=259&wc=32GQ-ZNP%3A169903301%2C170261501&cc=1867501
[Source: Robeson County (NC) Probate Office, WILL BOOK 9, pages 450-453.]
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