Julius Henry Sharpe's Will

 

The following was transcribed by Susan Leach Snyder on November 4, 2015 from Negative Originals in the North Carolina, Wills and Probate Records, 1665-1998 filmstrip images #381 & 382, FILED MAR 1 1930 by C. S. Lambeth in Guilford County, North Carolina.

 

File No- 03690
North Carolina
Guilford County

LAST WILL AND TESTAMENT OF J. H. SHARP

I, J. H. Sharp, of the aforesaid County and State, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last will and testament:

FIRST: My Executor hereinafter 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 my just debts, out of the first moneys which may come into his hands belonging to my estate.

SECOND: I give and bequeath to my beloved with, Maggie Sharp, $3000.00 in lieu of her year’s allowance, her distributive share of my personal estate, and her dower and thirds in my real estate, and all other rights which she may have in my property by reason of being my wife.

THIRD: I give and bequeath to my sons, Ernest P. Sharp and Robert N. Sharp, in trust for Moriah Methodist Protestant Church, the sum of $1000.00 to be obtained by them as hereinafter set out; they are to invest said sum in some safe security and pay the interest thereon to the stewards of said Moriah Methodist Protestant Church, and said interest is to be used by the stewards aforesaid, for such chruch [church] purposes as may be designated by said Ernest P. Sharp and Robert N. Sharp, or their successor trustees.

FOURTH: It is my will and desire that all the property, both real and personal of which I may be seized, shall be appraised by three disinterested men to be chosen by my children or a majority of them; and said property, after paying the bequest to my wife aforesaid, shall be equally divided between my beloved children, share and share alike; but the shares of Terry D. Sharp, Gertrude Dawson, Edna Sharp McLean, and Nellie Sharpe shall be charged with the payment of the sums of money hereinafter set out; and my said children are to have and to hold said property in fee simple absolute except as hereinafter provided.

FIFTH: A portion of the share of my son, W. Henry Sharp, in my estate, shall be a farm of 45 acres purchased by me from James Patterson and of which my son, W. Henry Sharp, is now in possession and said farm and any other real estate allotted to him as a portion of his share aforesaid, shall be held by him for life, with the remainder to his children. I hereby empower W. Henry Sharp, with the approval of Ernest P. Sharp and Robert N. Sharp, or the survivor, to sell any real estate hereby divised [devised] to him and give a fee simple title thereto; and the proceeds thereof shall be invested in land and held under the same trusts and limitations as the land herein devised to him.

SIXTH: The real estate which I devised to my daughters, Gertrude Dawson, Edna Sharp McLean, Nellie Sharp Jobe and Kate Sharp Putman, shall be held by them in severalty in fee simple, defeasible upon their dying without child or children or issue of such living at their death; and in case any of my above named daughters shall die without child or children, or issue of such living at the time of her death, then and in that event the land devised as aforesaid shall go to her brothers and sisters and the issue of any deceased brother and sister, per stirpes; provided, any of my daughters above named, Gertrude Dawson, Edna Sharp McLean, Nellie Sharp Jobe or Kate Sharp Putnam shall erect or cause to ne [be] erected on the land devised to her as aforesaid, a residence of the value of $2000.00 or more; then and in that event, ten acres of the land devised as aforesaid laid out practically in a square with said residence in the center, shall become the property of my daughter thus building said residence, in absolute fee simple, and divested of all conditions whatsoever.

SEVENTH: I have already put my son, Ernest P. Sharp, in possession of a farm of 110 acres purchased from J. F. Stevens, upon which the said Ernest P. Sharp has made a payment of $1000.00. I desire my son, Ernest P. Sharp, to keep this piece of land as part of his share, and I desire that the amount which he has paid upon same be taken into consideration when the division is made. I also desire that my son, Robert N. Sharp, have his share laid off in the homeplace.

EIGHTH: I desire that my son, Terry D. Sharp, pay to Ernest P. Sharp and Robert N. Sharp, as trustees, $500.00; that Gertrude Dawson pay to said trustees, $200.00; and Edna Sharp McLean pay to said trustees, $150.00; and that Nellie Sharp Jobe pay to said trustees, $150.00; said sums to constitute the $1000.00 trust fund provided in Article Three of my will, and the payments of the sums aforesaid are hereby made liens upon the respective shares of Terry D. Sharp, Gertrude Dawson, Edna Sharp McLean, and Nellie Sharp Jobe.

NINTH: I hereby constitute and appoint my son, Ernest P. Sharp, my lawful Executor to all intents and purposes, to execute this my last will and testament, 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 J. H. Sharp, do hereunto set my hand and seal this the 4th day of May, 1928.

H. Sharp (SEAL)

Signed, sealed, published and declared by the said J. H. Sharp to be his last will and testament in the 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.

Thos. Hoyle
Roger Harrison

STATE OF NORTH CAROLINA
GUILFORD COUNTY ss IN THE SUPERIOR COURT BEFORE THE CLERK.

A paper hereto attached and purporting to be the last Will and Testament of J. H. Sharp deceased,, bearing the date of 4th day of May 1928 is exbibited [exhibited] before the undersigned Clerk of the Superior Court of Guilford County, North Carolina, by Ernest P. Sharp, the executor therein named, and thereupon the following proof thereof is taken by the oath and examination of Thos C. Hoyle and Roger W. Harrison the subscribing witnesses thereto, as follows:

NORTH CAROLINA, GUILFORD COUNTY.

Thos C. Hoyle, and Roger W. Harrison, being duly sworn, depose and say, and 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 J. H. Sharp, and that he saw J. H. Sharp execute or heard him acknowledge the execution of ) this writing as his last Will and Testament, and that affiant attested it in his presence and at the request of said J. H. Sharp, deceased; and that at the time of the execution or at the time its execution was acknowledged) said J. H. Sharp 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.

THOS C. HOYLE
ROGER W. HARRISON

Severally subscribed and sworn
before me, this 1st day of March 1930.

S. Lambeth
Asst C. S. C.

And thereupon it is considered and adjudged by the Court that the said paper-writing and every part thereof is the last Will and Testament of J. H. Sharp, deceased, and it is ordered that the same, with the foregoing examination and this certificate, be recorded and filed.

THIS 1st day of March 1930.

S. Lambeth
Asst. C. S. C [ASST. Clerk Superior Court of Guilford County]

 

 

 

 

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