Lincoln County Wills NC
CR.060.801.16
Will Written 13 November 1865
Will Probated probated in court 28 June 1868
Transcribed from photocopies of the original papers by Donna J. Johnson
I Elizabeth Kistler widow of the County of Lincoln and the State of North Carolina being of Sound mind and memory but considering the uncertainty of my Earthly Existance do make and declare this my Last will and Testament in manner and form Following that is to Say
First that my Executor herein after named Shall provide for my body a decent buriel Suitable to the wishes of my Relations and friends and pay all furneal Expences together with my Just debts howsever and to home Soever owing out of the first moneys that may first come into his hands as a part or parcel of my Estate.
2 I give and devise to my beloved Nephew James F Siegle Son of Daniel & Sarah Seigle my will and desire is that I give all the Residue of my Estate including all my (????) intrest or Claims in anywise Whatsoever due me or may at any time become due me by the Last will and Testament of my Brother Thomas B. Hoover deceased including my Intrest of the parcels of the Real Estate in the State of Mississippi. I also will to by beloved Nephew James F. Seigle all my personal property consisting of all my Beads & Beadsteads & Bead Clothing & also my Bureau & Candlestand & all my Setting chairs my chests & Tables & also all my house hold & kitchen furniture Consisting of Pots ovens Dishes & Plates Belonging to me at my Death to be his also all the Hogs on hand
I also give to my beloved Nephew James F Seagle all the notes accounts as many due or on hand at my Death to be his heirs or Executors Administrators absolutely for ever
3 I give and devise to my beloved Sister Sarah Seagle & Barbary Goodman & Jane Seagle all my weaving Clothing of every Kind to be Equal Divided between the three or to their heirs
4 and Lastly I do hereby constitute and appoint my Trusty friends Joseph Stamey & James F Seigle my Lawful Executors to all intents and meaning and purposes to Execute this my Last will and testament according to the true intents and meaning of the Same and every part and Claus thereof hereby Revoking and declaring utterly Void all other wills and Testaments by me heretofore made
In witness whereof I the Said Elizabeth Kistler do hereunto Set my hand and Seal this 13 day of November AD 1865.
Signed Sealed published and declared by the Said Elizabeth Kistler to be her Last will and testament in the presents of us who at her Request and in her presents do Subscribe our names as Witnesses thereto
Set Elizabeth her/X/mark Kistler {seal}
Henry Rhodes
E H Lut(remainder of signature covered with tax stamps)
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Application for Letters Testamentary
Lincoln County: - In the Probate Court
In the matter of the will of Elisabeth Kestler Before S P Sherrill Judge of Probate
Joseph Stamey and J F Seagle being sworn doth say: That Elisabeth Kestler, late of said County, is dead, having first made and published her last Will and Testament; and that,
Joseph Stamey & J F Seagle is the executors named therein.
Joseph Stamey & J F Seagle is the executors named therein.
Further, that the property of the said Elisabeth Kestler consisting of real and personal estate is worth about $2000.00, so far as can be ascertained at the date of this application; and that
J F Seagle, Sarah Seagle, Barbara Goodman and Jane Seagle all of Lawful age and reside in Lincoln County are the parties entitled under said Will to the said property.
J F Seagle, Sarah Seagle, Barbara Goodman and Jane Seagle all of Lawful age and reside in Lincoln County are the parties entitled under said Will to the said property.
Jo Stamey
James F Siegle
Sworn and subscribed before me this 28 day of June 1869
S P Sherrill
Probate Judge
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State of North Carolina
Lincoln County
In the Probate Court
I J F Seagle and Joseph Stamey do solemnly swear (or affirm) that I believe this writing to be and contain the last Will and testament of Elisabeth Kestler, deceased; and that I will well and truly execute the same by first paying Her debts and Her legacies, as far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an executor, agreeable to the trust and confidence reposed in me, and according to law; so help me God.
Jo Stamey
James F Siegle
Sworn and subscribed before me this 28 day of June 1869
S P Sherrill
Probate Judge
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State of North Carolina
Lincoln County
In the Probate Court
A paper purporting to be the last Will and Testament of Elisabeth Kestler deceased, is exhibited before me, the undersigned, Judge of Probate for said county, by Joseph Stamey and J F Seagle the executors therein named, and the due execution thereof by the said
Elisabeth Kestler by the oath adn examination of Henry Rhodes & E N Lutz 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 Elisabeth Kestler. That the said Elisabeth Kestler in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 13 day of November 1865.
Elisabeth Kestler by the oath adn examination of Henry Rhodes & E N Lutz 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 Elisabeth Kestler. That the said Elisabeth Kestler in the presence of this deponent subscribed her name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 13 day of November 1865.
And the deponent further saith, That the said Elisabeth Kestler the testator aforesaid, did at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited to be her 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 said time when the said testator subscribed her name to the said last Will as aforesaid, and at the time of the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Elisabeth Kestler 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.
Henry Rhodes, [Seal.]
E N Lutz , [Seal.]
Severally sworn and subscribed this 28 day of June 1869, before me.
S P Sherrill Probate Judge
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last updated on: 9/6/02
