Dempsey Page, borne about 1815 was twice married. His first wife was Melinda Brumly with whom he had six children of which only three lived to adulthood. Melinda passed away before 19 March 1867. After the death of Melinda, Dempsey married Elizabeth F. Stancil on 19 March 1867.
Dempsey wrote his will on 18 March 1879. His Executor, Milas A. File, was granted Letter Testamentary on 4 April 1879.
Dempsey Page died between 18 March 1879 and 4 April 1879. No tombstone, obituary or death notice has been found for Dempsey.
Transcription:
Last Will and Testament Dempsey Page
State of North Carolina}
Rowan County}
In the name of God, Amen.
I, Dempsey Page, of the County and State aforesaid, being of sound mind& memory but weak in body, and 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 children and friends, and pay all funeral expenses, together with my just debts however and to whomsoever owing, out of the moneys that may first come into his hands as a part or parcel of my estate. (pg 482)
Item First:--I give and bequeath devise to my beloved son John Alison, the plantation on which I now live containing about 94 acres lying on North side of Sherrill’s Ford road, adjoining Mrs Kinder’s, Mrs. Kestler’s & others, also one half of old plantation containing about 78 acres, lying on South Side of Witheroes Creek and joining M. A. File, Mrs Kinder’s & others, also my two horse wagon & harness together with two mules his choice one bed stead and furniture his choice, one Bureau his choice and provisions enough to last him & mules until he can make and gather a Crop.
Item 2nd.:--I give and devise unto my beloved daughter Mary May, seventy five (75) acres of land to be taken off the Sloop Place on which they now live, to be taken off of said place next to M. A. Files, 50 acres being that run off by W. A. Houck & the other 25 acres joining James F. Cowan & M. A. File to have and to hold during their lifetime and then to go as hereinafter provided.
Item 3rd.:--I give and devise unto my beloved daughter Laura E. May, one half of my old home place of which mention is made in item first and also what will remain of the Sloop Place after Mary's share is taken off, also she is to have one years provisional laid off to her fro her and her two children.
Item 4th.:-- It is my will that if any of my children die without legal bodily heirs or children then and in that case the effects herein willed to them to return to the balance of my children then living or their children if they are dead & have left any legal bodily issue & in case of Mary and her husband should die first he her husband is to have the use of her effects during his life time & then return as aforestated.
Item 5th.:--It is my will and desire that all the residue of my Estate after taking the devises & legacies above mentioned, shall be sold at public sale, and the debts owing to me be collected and if there should be any surplus over and above the payments of debts, expenses and legacies, that such surplus shall be equally divided among my children, share and share alike to them, each and every one of them, their Executors, Administrators and assigns absolutely & forever.
And lastly, I do hereby constitute my trusted friend Milas A. File, my lawful executor to all intents and purposes (pg 483) to execute this my last Will and testament according to the true intent and meaning of the same, and every oar and clause thereof, hereby declaring utterly void all other Wills and Testaments by me heretofore made.
In witness whereof, I, the said Dempsey Page, do hereunto set my hand and seal this 18th day of March in the year of our Lord, 1879.
Signed, Sealed, published and}
declared by the said Dempsey} Dempsey Page {Seal}
Page, 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.}
Witness} J. H. Krider}
W. L. Kistler}
Whereupon the said Milas A. File took and subscribed the oath of Executor, and received Letters Testamentary under the Seal of this Court.
Which said oath is in the words and figures following, to Wit:
I, Milas A. File, do solemnly swear that I believe this writing to be and contain the last Will and Testament of Dempsey Page, deceased, and that I will well and truly Execute the same, by first paying his debts and then his legacies, as far as the estate shall extend, or the Law will charge; and that I will well and faithfully execute the office of Executor, Agreeably to the trust and confidence reposed in me, and according to Law; So help me God.
Sworn& Subscribed before} Milas A. File
me this the 4th day of} ec.
April 1879.}
J. M. Horah
Judge of Probate }
for Rowan County}
The following application for letters testamentary was made by Milas A. File.
(pg 484)
State of North Carolina, Rowan County
Office of Judge of Probate
By the Judge of the Probate Court for thee County of Rowan
To all whom these presents come, Greetings:
Whereas, It hath been made to appear to me, Jno. M. Horah, Judge of Probate for Rowan County, that Dempsey Page, late of said County, is dead, and has made a last Will and Testament in writing, which was exhibit to me a Judge as aforesaid, and duly proved, wherein the said testator hath appointed Milas A. File, Executor thereof: and the said Milas A. File, hath duly qualified as Executor as aforesaid.
These are therefore to authorize and empower the said Milas A. File as Executor as aforesaid, to take into his possession all and singular the goods and Chattels, rights and credits of the said testator, wheresoever in this State to be found; and a true and proper inventory thereof return on oath to the Judge of Probate for Rowan County, within the time prescribed by law; and all the just debts of the said testator to pay, so far as the said estate shall extend (pg 485) or amount to; and in all other things to execute the said Will and Testament agreeably to Law and his office and duty as Executor.
Witness, J. M. Horah, Judge aforesaid County at office in Salisbury the 4th day of April 1879.
J. M. Horah
Judge of Probate
The parents of this Dempsey Page and another Dempsey Page, borne 1793 is unknown.
If you have information please contact me; an EMail link can be found in right column, near top of this page:
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1. Last Will & Testament: https://www.familysearch.org/ark:/61903/3:2:77TG-23JD
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