Documenting the American South

Lexington
Davidson County
North Carolina

I, Mary E. Scott, of Lexington N. C. being of sound health of body and of disposing mind and memory, do make and publish this, my last will and testament; hereby revoking all former wills, by me at any time made.

1st I direct that all my just debts, including funeral expenses and the expenses of administration, be paid.

2nd I bequeath to my beloved friends Millard Wood, his wife May S. Wood and to their legal issue, should they have any, my life Insurance of One Thousand Dollars ($1000.00) in the Etna Life Insurance Company of Hartford Conn.

3d I bequeath to my nephew and neice Willie D. and Grace C. Smith my Insurance of Two Thousand Dollars, ($2000.00) in the Presbyterian Mutual Assurance fund of Louisville Ky: One Thousand ($1000.00) each, to them and their legal heirs.

5th I devise and bequeath all the real and personal estate to which I shall be entitled at the time of my decease, to my sister Cornelia L. Smith and after her; to her children Willie D. and Grace C. Smith; or if she prefers, that the whole be equally divided between them after my death—her share going to the children after her death.

(over)

And I hereby appoint my brother in law James Smith, the executor of this my last will In witness whereof I have hereunto set my hand this 26th day of Nov. in the year of our Lord 1881.

Mary E. Scott, (seal)

Signed by the said Mary E. Scott as and for her last will and testament in the presence of us, who at her request, in her sight and presence and in the presence of each other, have subscribed our names as attesting witnesses

Jno H Welborn
Chas. L. Heitman.
J D. Williams

Codicil written 8th Nov 1882— The second clause of my will in which I give to Millard & Mary Wood my life Ins. in the Aetna for $1000.00- I wish revoked & to become null & void. Give to each of them $100.00 each as a testimony of my friendship for them & the balance to go to my heirs named in my will, & to no others.

Codicil written 28th Nov— 1882 [1] The above codicil written 8th Inst. I revoke & it becomes null & void. Their coolness to me during my sickness is a proof they feel no friendship for me. I leave all the Ins. in the Aetna to my heirs named. in my will & to no others.

Mary E. Scott
Amanda Davis
A A Hill

State of North Carolina
DAVIDSON COUNTY ss. In the Probate Court.

A paper purporting to be the last Will and Testament of & Codicil Mary E. Scott deceased, is exhibited before me, the undersigned, Judge of probate for said county, by James Smith the Executor therein named, and the due execution thereof by the said Mary E Scott — by the oath and examination of Jno H. Welborn & C. L. Heitman — as to the will & Dr A. A. Hill & Amanda Davis as to the Codicil 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 & Codicil Mary E. Scott. That the said Mary E Scott in the presence of this deponent subscribed hiser name at the end of said paper writing, which is now shown as aforesaid, and which will bears the date of the 26th Novr. & 1881 & the Co[d]icil Novr 28th 1882 day of 1882. And the deponents further saith, That the said Mary E. Scott — the testator aforesaid, did at the time of subscribing hiser name as aforesaid, declare the said paper writing so subscribed by himher and exhibited, to be hiser 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 the presence of the said testatorrix. And this deponent further saith, that at the said time when the said testatorrix subscribed hiser name to the said Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness therto, as aforesaid, the said Mary E Scott was of sound mind and 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

Jno H Welborn [SEAL.]
Chas. L. Heitman [SEAL.]
Amanda Davis[SEAL.)
A. A. Hill[Seal]

Severally sworn and subscribed this 7th day
of May 1883, before me

Davidson County. Probate Court.

Jno H Welborn & Chas L Heitman each being duly sworn say and each for himself says that J. D. Williams, the other subscribing witness to the foregoing will is now a Non resillent of the state of North Carolina, having recently left the same without any definite point of destination as they are informed and believe

sworn to and subscribed

This May 7. 1883

OATH OF EXECUTOR.

James Smith do solemnly swear that I believe this writing to be and contain the last Will and Testament of Mary. E. Scott, deceased, and that I will well and truly execute the same by first paying his debts, and then his legacies, as far as the said 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 him, and according to Law ; So help me God.

Sworn and subscribed before me, this

7th day of May 1883