Burke County Original Wills NC
1790-1905 CR.014.801.1
Thomas B. Hoover 1855
Transcribed June 2000 by Donna Joy Johnson from photocopies of the original estate papers from the North Carolina State Archives
This will is also on file in the Mississippi Department of Archives and HIstory
Madison County Will Book A 1828-1892, Will A-225, #22
Thomas B Hoovers Will
I Thomas B Hoover, of the town of Canton, County of Madison State of Mississippi being of sound mind an disposing memory but in feeble health, do make and publish this my last Will and testament, revoking all others heretofore made by me.
First, I owe nothing, and desire when I die to owe no person one Cent. I direct that my funeral expenses and testamentary expenses may be paid by my Executors hereinafter to be named with all Convenient Speed after my decease.
Second - I give and bequeath unto my nieces and nephews and their lawful heirs, being the lawful heirs of my beloved sister Barbara Shuford deceased, the sum of ten thousand dollars, share and share alike out of said Sum.
Third, I give and bequeath unto my nieces and nephews and their lawful heirs - being the lawful heirs of my beloved brother Solomon Hoover deceased the sum of fourteen thousand dollars, share and share alike out of said sum.
Fourth - I give and bequeath unto my nieces and nephews and their lawful heirs being the lawful heirs of my beloved Brother Henry Hoover deceased the sum of Sixteen thousand and Eight hundred dollars. Also a tract of land I own, land on which some of them have been living, known as the Carr or Kerr tract of land lying and being in the County of Mecklenburg, State of North Carolina, valued by me at the sum of twelve hundred dollars, making in all the sum of Eighteen thousand dollars share and share alike out of said sum.
Fifth, I give and bequeath unto my nieces and nephews and their lawful heirs, being the lawful heirs of my beloved Brother Daniel Hoover deceased, the sum of fourteen thousand dollars, share and share alike out of said sum.
Sixth - I give and bequeath unto my beloved sister Betsey Kistler the sum of two thousand dollars.
Seventh - I give and bequeath unto my nieces and nephews and their lawful heirs, being the lawful heirs of my beloved sister Eve Brem deceased the sum of Ten thousand dollars, share and share alike out of that sum.
Eighth, I give and bequeath unto my nieces and nephews and their lawful heirs being the lawful heirs of my beloved brother Philip Hoover deceased, the sum of Eight thousand dollars, share and share alike out of that sum.
Ninth, I give and bequeath unto my nieces and nephews and their lawful heirs, being the lawful heirs of my beloved Sister Polly or Mary Sides deceased, the Sum of ten thousand dollars Share and Share alike out of said Sum.
Tenth - I give and bequeath unto my beloved Brother Jacob Hoover and his lawful heirs the sum of Thirty thousand dollars.
Eleventh I give and bequeath unto my beloved Sister, Sarah Seagle wife of Daniel Seagle and her lawful heirs the sum of ten thousand dollars.
Twelfth, I give and bequeath unto Robert B. Wheeler of Wilmington, Dearborne County, State of Indiana the sum of fifteen thousand dollars, To have and to hold the same in Trust for the use and benefit of his three Children, born to him by his wife Jane now deceased, and their heirs.
Thirteenth, I give and bequeath unto William F. Hoover of Wilmington, Dearborne County, State of Indiana the sum of ten thousand dollars, to be paid to him by my Executors hereinafter to be named should he be alive at the time of my death, and should he become of age, when he arrives at his majority [sic].
Fourteenth, It is my will and desire that the two last items (Viz 13th & 14th) mentioned in this my last will and testament, be null and void - of no effect should the said Robert B. Wheeler and William F. Hoover Come here before my death and receive from me while alive what I have above in said items bequeathed unto each of them. Then and in that case ______ hereinafter to be named, shall not pay to them said legacies; Should they however not Come, nor receive said legacies before I die then and in that Case my said Executors are to pay to each of them said legacies as aforesaid.
Fifteenth, It is my will and desire and I do so direct my Executors hereinafter to be named, if it can be done in accordance with the laws of the state of Mississippi, or if not, to have a Special act of the Legislature of said State passed for that purpose, if that Cannot be done in either of said ways - & if he should Choose to do so, be taken beyond the limits of said State then & there to give unto my faithful man Servant Asa and his daughter Violet, their freedom, if he should be alive when I die. And I do further give and devise unto my Executors hereinafter to be named in trust the sum of One thousand dollars to be paid to said Asa at the time of his freedom should that event take place. Should that event not take place said item as to the one thousand dollars to be void and of no effect.
Sixteenth - It is my will and desire, that my real estate that I may died seized and possessed of at the time of my death should not be sold under ten years, unless my Executors hereinafter to be named should in their discretion and judgment think it best for the interest of my estate, that it should be sold, sooner than that time, then and in that Case they may do so under the direction of the Probate Court and in accordance with the law in such Cases.
Seventeenth, It is my will and desire that if the divisees named in the second, third, fourth, fifth, sixth, seventh, Eighth, ninth, tenth and Eleventh items or Clause of this my last will and testament, should desire to do so, they can take and divide among themselves my negro slaves that may be alive, they taking them at a fair valuation to be put upon them by appraisers to be appointed by the Probate Court of the County of Madison State of Mississippi, as parts of the legacies named in said items respectfully in place and lieu of the Money therein devised to that amount. Should they however elect not to do so, then and in that case it is my will and I do so direct my Executors hereinafter to be named, to put up and sell at public sale my said negro slaves (in case they are not taken at said valuation, or those not taken in that way if any are to taken) in families or singly as may be deemed most humanely, in such time and terms as the said Probate Court may direct and deem most advisable.
Lastly, I do hereby nominate and appoint my Nephew Thomas H. Brem of Charlotte, Mecklenburg County, state of North Carolina, and my friend Henry R. Coulter of Canton Madison County state of Mississippi, Executors of this my last will and testament, and in Case said Thomas H. Brem refuses or neglects to act as such, then and in that Case I nominate and appoint my beloved Brother in law Daniel Seagle of Lincoln County in the state of North Carolina to act in Commission with my friend Henry R. Coulter as aforesaid as Executor of this my last will and testament. In witness whereof I have hereunto set my hand and seal the twenty fifth day of May in the year AD (1855) One thousand Eight hundred and fifty five.
T. B. Hoover {seal}
Signed sealed and declared by the said Thomas B Hoover as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other, have hereunto set and subscribed our names as witnesses hereunto, this 25th day of May AD 1855 Eighteen hundred and fifty five.
Edwd D. Ward
C. S. Whitcomb
W. F. Bass
The state of Mississippi Be it remembered that Madison County at the June Term of the Probate Court of said County AD 1855, and in the second day of said Term (said Term Commencing on the 2nd Monday of said Month) Personally appeared in Open Court Edward D. Ward, C. S. Whitcomb and Wm F. Bass whose names are appended as attesting witnesses to a Certain instrument dated on the 25th day of May AD 1855, and signed by T. B. Hoover, and purporting to be the last Will and testament of said Thomas B. Hoover, and said Ward, Whitcomb and Bass being each duly sworn doth depose and say that they each saw the said Thomas B. Hoover sign and seal said instrument on the day and year therein mentioned, and said Hoover did also at the same time publish and declare the same to be his last Will and testament, and said afficiants did also state that they did each subscribe their names to said instrument as attesting witnesses in the presence of and at the request of said Thomas B. Hoover, and also in the presence of each other, and that said signing, sealing and publication of said instrument by said Hoover was done in the presence of said deponents, and that said Hoover was at that time of sound & disposing mind & memory and more than twenty one years of age -- Thereupon the premises being Considered It is ordered and adjudged and decreed that said instrument bearing date as aforesaid and signed sealed & attested as aforesaid to be declared to be the last Will and testament of said Thomas B. Hoover and that the same be Recorded and admitted to Probate as the true original last Will and testament of said testator.
Given under my hand and seal this 12th day of June AD 1855.
H. P. Neill {seal}
Probate Judge
The State of Mississippi}
Madison County}
I John T. (Canann? Cameron?) Clerk of the Probate Court of said County do hereby Certify the foregoing to be a true Copy of the last Will and testament of Thomas B. Hoover Decd as the same remains of Record and in file in my Office.
Given under my hand and seal of Office at Court on this 7th Day of July AD 1855
John T. (Canann? Cameron?) Clerk
The State of Mississippi}
Madison County}
I Isaiah M Simmons Judge of the Probate Court of said County hereby Certify that John T. (Cameron?) whose genuine signature appears in the foregoing certificate is and was at the time of signing the same Clerk of said Court duly elected Commissioned and qualified according to law, that his said Certificate is in due form of law and by the proper office that the seal thereto attached is the seal of said Court and that full faith and Credit are to be given to all of his official acts.
Given under my hand and seal the 13th Day of December AD 1855.
I. M. Simmons {seal}
Probate Judge
The State of Mississippi}
Madison County}
I John T. (Cameron?) Clerk of the Probate Court of said County (the same being a Court of Record) hereby Certify that I. M. Simmons whose genuine signature appears to the foregoing Certificate is and was at the time of signing the same Judge of said Court - duly duly (sic) elected Commissioned and qualified according to law and that all of his official seals are entitled to full faith and Credit.
Given under my hand and seal of office at Canton this 13th Day of December AD 1855
John T. (Cameron?) Clerk
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all rights reserved
last updated on: 9/6/02
