State of North Carolina
Anson County
I, John W. Hailey, of the county & state aforesaid do make, publish
and declare this to be my last will and testament:
Item 1. I give, devise and bequeth to Isaac M Williams the
following land, towit the tract or parcel of land whereas I now live, including
the dwelling and outhiuses, bounded on the south by the lands of Tho J. Polk,
on the east by the lands of the late W.H. Benton, on the north by those
of James Hailey
and Warren Arrington & others, on the west by the lands of Peter May containing three
hundred and fifty acres: to have and to hold in trust for the sole and seperate use,
benefit and behoof of my daughter Hannah Diggs, independant of her husband W.S.
Diggs, not to be liable in any respect or particular to the claim, demand,
control,
direction or interference of said husband. The said land to be enjoyed in the
fullest particular by
my daughter, consistent with the fact that W.S. Diggs is to be totally shut out
and excluded from all control, and the same is to be free from his debts. I
give my daughter Hannah Diggs power to dispose of said land by last will and
testament as she pleases. I guard the land during her life against the
interference of her husband because she and her husband had variances, but I
want her to do as she pleases by last will and testament, and I want the
trustee to consult her wishes just as nigh as possible.
Item 2. I give and bequeath directly to my daughter Hannah Diggs all my
presonal property except such as is disposed of hereafter in this will.
Item 3. I give and bequeath to my grand-daughter Ella J. Hailey one
feather bed and bed-stead.
Item 4. I have already given my grand-son James Hailey One Hundred and
Seventy-Eight acres of land by deed of gift. I refer and approve that in this
will. I refer to it because there is a mistake in the middle letter of his
name. It is put "H"instead of "L".
Item 5. I nominate & appoint James Hailey and Isaac M. Williams, executers
of this my last will and testament and hereby revoke all wills by me
heretofore made, and stand upon this one.
Signed, sealed and declared to be the last will and testament of John W. Hailey
in our presence, who witness the same at his request, December 26th 1879, and his
presence.
Witnesses
R.T. Bennett
D.M. Smith
State of North Carolina,
Anson County/ In the Probate Court
The foregoing paper writing, purporting to
be the last will
and testament of John W. Hailey deceased is this day put forward for probate
in
our said Probate Court, by Isaac M. Williams and James L. Hailey the
persons nominates therein for executors, and the due execution thereof is known by
the oath and examination of R.T. Bennett and D.M. Smith the subscribing witneses
thereto, who, being duly sworn, do say, and each for himself doth say that on or
about the 26th day of december 1879, John W. Hailey signed his name to said paper
writing and declared the same to be his last will and testament, in his presence,
that this appoint thereupon signed his name thereto as a witness, in the presence
of the said John W. Hailey, and at his request, and that at the time of signing
thereof by the testator, and the attestation thereof by the witnesses, the said
John W. Hailey was of sound mind and his disposing memory. Let said paper writing
be recorded as the last will and testament of the said Jiohn W. Hailey deceased.
Done as office in Wadesborough, this the 12th day of may A.D. 1880.
John C. McLaughlin
Judge of Probate
On the 12th day of May 1880, James L. Hailey and Isaac M. Williams qualified
as executors of the foregoing will.
John C. McLaughlin
Judge of Probate