Location: [unknown]
Will of for Nisbet One Name Study
Persons mentioned
wife Francis E. Nesbit, Nannie Lee Kerr Nesbit. (Margaret Smith, Euphemia Parker, Mary Nesbit, The Children of Isabella Kerr, Deceased.) Robert Porter and Janie Porter. Alice Lee Nesbit Nirkirk, Nephew, Fred Nesbit Porter, Barron P. Smith, Nephew Lee Parker. W. F. Smith, R. L. Smith, Fred Smith son of R. L. Smith, F. E. Nesbit
Will of M F Nesbit
North Carolina Iredell County, 1907 I, M F. Nesbit of the County and State Aforesaid, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last will and testament. 1st My executor hereinafter named shall give my body a decent burial suitable to the wishes of my relatives and friends, and pay all my funeral expenses together with my just debts out of the first moneys which may come into his hands belonging to my estate. 2nd I give and bequeath to my WIFE, FRANCIS E. NESBIT my entire interest in the business conducted under the firm name of Nesbit & Pressley in Mooresville. This interest being a one half interest in the whole business. 3rd I give and bequeath to MY WIFE FRANCIS E. NESBIT all my. household and kitchen furniture to be hers during her natural life and her death the same shall go to NANNIE LEE KEER NESBIT; I further give and bequeath unto my wife Francis E. Nesbit all the stock, crops gathered or ungathered, provisions and money on hand at my death and all rents due or occurring at my death. 4th I give, bequeath and devise unto my wife Francis E. Nesbit all the balance and residue of my estate, wherever situate and whatever it may consist of, whether real or personal, or mixed to hold during her natural life and to receive the income there from during her natural life, said income to be hers absolutely. I further direct that in the event, the income there from shall not be sufficient to provide for her comforts and necessities, then my executor is hereby authorized to sell so much of the estate as is hereby devised and bequeathed by this item as shall be necessary to meet the demands for the necessity and comfort of my wife 5th I will and direct that all my property shall remain as it is now under the direction of my wife Francis E. Nesbit so long as she shall live and after her death, my property shall be distributed last provided in the items following. 6th The four houses and lots Situated near the Mooresville Cotton Mill nomber two shall be left in the hands of my wife, to dispose of and invest as She may think wise or leave as at present as may appear best to her. 7th I devise that house and lots in Mooresville, N. C., on Main Street known as Commercial Hotel to ALICE LEE NESBIT NIRKIRK and Nanie Lee Karr Nesbit to hold in fee simple as joint equal owners therein 8th I devise to Nannie Lee Keer Nesbit the house and lot on Main Street in the town of Mooresville, N.C, where I now live; I further devise to Nannie Lee Kerr Nesbit the house and lot on Main Street between my house and the Old Johnston Hotel property, where the barber shop is now kept; I further devise to Nannie Lee Kerr Nesbit the five houses and lots on Church Street in the town of Mooresville, N.C., just back of my dwelling house and hotel property and near the Mooresville Cotton Mill No. one. All this property is to be held by the said Nannie Lee Kerr Nesbit in fee simple. 9th I devise to Nannie Lee Kerr Nesbit the farm in Iredell County, known as the young place, adjoining the lands of John Young, Lawson and others and containing 148 ½ acres, this land is to be held by Nannie Lee Kerr Nesbit in fee simple. 10th I bequeath unto NANNIE LEE KERR NESBIT twenty shares of the capital stock of the Mooresville Cotton Mills, Mooresville, N.C., 11th I bequeath unto ALICE LEE NESBIT NIKIRK ten shares of the capital stock of the Mooresville Cotton Mills, Mooresville, N.C., 12th I bequeath unto my NEPHEW, FRED NESBIT PORTER 10 shares of the Mooresville Cotton Mills, Mooresville, N.C., 13th I bequeath unto BARRON P. SMITH 10 shares of the capital stock of the Mooresville Cotton Mills, Mooresville, N.C., 14th I bequeath unto my NEPHEW LEE PARKER ten shares of the capital stock of the Mooresville Cotton Mills, Mooresville, N.C., 15th I bequeath unto W. F. SMITH ten shares of the capital stock of the Concord Savings Bank, Concord, N.C.,. 16th I bequeath unto R. L. SMITH five shares of the capital stock of the Bank of Mooresville, Mooresville, N.C., 17th I devise unto FRED SMITH SON OF R. L. SMITH the tract of land in Cabarrus County, known as the Witherspoon place, adjoining the lands of Paul Witherspoon and others and containing 11 acres to be his in fee simple. 18th I devise to R. L. Smith in fee simple the house and lot on Main Street in the town of Mooresville, N.C., adjoining the lands of Jas. W Brown and others and being the lot deeded to me by A. B. Culp and wife. 19th All the balance and residue of my estate after the death of my wife, Frances E. Nesbit, shall be equally divided among MARGARET SMITH, EUPHEMIA PARKER, MARY NESBIT, THE CHILDREN OF ISABELLA KERR, DECEASED, are to get only so much under this will as their mother would have gotten were she living, this being a one sixth of the radius of my estate-ROBERT PORTER AND JANIE PORTER. All real estate remaining shall be sold by my executor and the money equally divided as provided in this item. 20th It is directly understood and I do hereby direct that no devise not bequeath made under this will and testimony, to any person other than my wife Francis E. Nesbit, shall take effect nor be operated until the death of my said wife, Francis E. Nesbit. 21st I hereby constitute and appoint my nephew R. L. Smith, my lawful executer to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the as same, and every part and clause thereof- hereby revoking and declaring utterly void all other wills and testaments made by me heretofore. In witness thereof, I, the said M. F. Nesbit do hereunto set my hand and seal, this the 10th day of February,1926. M. F. Nesbit (SEAL) Signed, sealed, published and declared by the said M. F, Nesbit 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. M. F. Nesbit Witnesses. B. W. Pressly J. P. Cavin I, M. F. Nesbit of said County and State, make this codicil to my last will and testament published by me, and date the 10th day of February, 1926, which I ratify and confirm, except as the same shall be changed hereby. Whereas by item 14 of my will alone mentioned I bequeath unto MY NEPHEW, LEE PARKER 10 shares of the capital stock of the Mooresville, Cotton Mills, Mooresville, N.C., and whereas owing to certain CONDUCT OF MY SAID NEPHEW, LEE PARKER, I de hereby revoke said item 14 of my said will and bequeath the ten shares of stock of the Mooresville Cotton Mills, Mooresville, N.C., to F. E. NESBIT instead of Lee Parker. Whereas by item 15 of my said will I bequeath unto W. F. Smith ten shares of the capital stock of the Concord Savings Bank and whereas since that time I have sold is the Concord Savings Bank stock, I do hereby in line of the same bequeath unto W. F. Smith five shares of the capital stock of the First National Bank of Statesville, N.C., In witness Whereof, I, the said M. F. Nesbit , do hereunto set my hand and seal, this the 20th day of March,1907. M. F. Nesbit (SEAL) Signed, sealed, published and devolved by the said M. F Nesbit to be his last Codicil to 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. B. W. Pressly J. P. Cavin North Carolina Iredell County. In the Superior Court, Before the Clerk. A paper writing purporting to be the last will and testament of M. F. Nesbit deceased, with codicil is exhibited before me, the undersigned, Clerk of the Superior Court of said County by R. L. Smith the executor therein mentioned, and the due execution thereon by the said M. F. Nesbit is proved by the oath and examination of J. P. Cavin and B. W. Pressly witnesses to the will and B. W. Pressly and J. P. Cavin witnesses to Codicil subscribing witnesses thereto; who being duly sworn, depose and say, and each for himself depose and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and testament of M. F. Nesbit in the presence of this deponent, subscribed his name at the end of said paper writing will now show as aforesaid, which bears date of the 10th day of Feb., 1906, and codicil bearing date of the 20th March,1907. And the deponent further saith, that the said M. F. Nesbit testator aforesaid, did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exhibited, to be his 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 testator. And this deponent further saith, that at the time when the said testator subscribed his name as the last will as aforesaid, and it the time of deponent's subscribing his name as attesting witness thereto, as aforesaid the said M. F. Nesbit 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: B. W. Pressly (SEAL) J. P. Cavin (SEAL) Severally sworn and subscribed this 4th day of July,1907, before me, J. A. Hartness, Clerk Superior Court. North Carolina, Iredell County. In the Superior Court. It is therefore considered and adjudged by the court that this paper writing and every part thereof, is the last will and testament of M. F. Nesbit deceased, and the same with the foregoing examination and this certificate are ordered to be recorded and filed. This 4th day of July,1907. J. A. Hartness, Clerk Superior Court North Carolina, Iredell County. I, C. G. Smith, Deputy Clerk of the Superior Court in and for said county and State aforesaid, de hereby certify the foregoing and attached (six sheets) to be a true copy of the last will and testament of M. F. Nesbit, deceased, and the probates thereon, as the same is taken from and compared with the original filed in this office. In witness Whereof, Have hereunto set my hand mod affixed official seal of said court. Done in Office at Statesville, this the 21st day of April,A.D.,1926. C. G. Smith, Deputy Clerk Superior Court, State of North Carolina of Iredell County, N.C., Cabarrus County. In Superior Court 4/22/1926 The foregoing certificate of C. G. Smith, Dept., C.S.S. of Iredell County attested by his official seal is adjudged to be correct. Therefore, let the said instrument, with the certificate be registered. J. B. McAllister, Clerk Superior Court.
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