Monday, November 28, 2016

Amanuensis Monday~Last Will and Testament, Noah Sides

 
Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
 
His definition of Amanuensis is:

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Last Will and Testament, Noah Sides, 1904.

Noah Sides was born in Jan 1826, a son of Daniel Sides and Esther Dry. He was a single farmer, born in Cabarrus County. His father, Daniel Sides, moved the family to Iredell County before 1850.  

Noah, age 85, died on 26 Feb 1911 in Iredell County, North Carolina. His younger brother James M. Sides and a nephew Nelson Alexander Lewis were co-executors of his estate.

His estate was quite  lengthy and complex. His probate folders can be viewed here:  

"North Carolina Estate Files, 1663-1979," database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-47325-38647-6?cc=1911121 : 21 November 2016), Iredell County > S > Sides, Daniel & Noah (1911) > image 1 of 73; State Archives, Raleigh.

"North Carolina Estate Files, 1663-1979," database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-47325-39618-33?cc=1911121 : 21 November 2016), Iredell County > S > Sides, Noah (1911) > image 1 of 2; State Archives, Raleigh

(Click on the embedded underlined hyperlinks)

Noah Sides WILL


Transcription:
#1680

North Carolina,
Iredell County.
I, Noah Sides 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, pay all funeral expenses, together with all my just debts out of the first money which may come into their hands belonging to my estate.
Second.
I will devise and bequeath to my brothers A. A. Sides, J. M. Sides and my sisters Carolina L. Sides, Elizabeth C. Sides, Adaline E. Lewis, Sarah E. Sides, Margaret S. Sides during their natural lives, all my property of every description, consisting of lands and personal property, wheresoever situated, and at the death of either and each of said brothers and sisters the interest and estate herein devised and bequeathed shall at once rest in my remaining brothers and sisters for life only.
Third.
At the death of my brothers and sisters, each and all of them, then I will and bequeath said property to be divided as follows:
                To my nephew N. A. Lewis, I will and bequeath one third thereof to be his in fee simple and forever; to my niece Prudence V. Lewis one third thereof, but in the event of her death before she comes into the possession thereof, then I will and bequeath said one third to N. A. Lewis and my grandnephews J. G. Lewis and Henry E. Lewis equally, and the remaining one third I will and bequeath to John G. Lewis and Henry E. Lewis.
Fourth.
In the event of the death of either John G. Lewis or Henry E. Lewis without issue, then the part herein bequeathed to each shall become and belong to the survivor in fee simple and forever.
Fifth.
In the event J. G. Lewis or H. E. Lewis shall die before coming into the possession of my property as above set forth then I will and bequeath all their interest to N. A. Lewis in fee simple and forever.
Sixth.
I hereby constitute and appoint J. M. Sides N. A. Lewis my lawful executors to all intents and purposes to execute this my last will and testament, hereby revoking and rendering null and void all wills made prior hereto.
                In witness whereof I the said Noah Sides do hereunto set my hand and seal this the Jan. 16th 1904.

                                                                      Noah Sides {seal}
               

Signed,sealed, published and declared by the said Noah Sides to be his last will and testament in the presence of us, who, at his request and in his presence, and n the presence of each other, do subscribe our names as witnesses thereto.                                                                                                            J. H. White
                                                          T. F. White

North Carolina,
Iredell County                                   In the Superior Court.
                A paper-writing purporting to be the last will and testament o of Noah Sides,deceased, is exhibited before me, the undersigned, Clerk Superior Court for said county by N. A. Lewis and J. M. Sides, the executors therein mentioned,and the due execution thereof by the said Noah Sides is duly proven by the oath and examination of J. H. White, and T. F. White, 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 Noah Sides, deceased, that the said Noah sides in the presence of this deponent subscribed his name at the end of said paper-writing now shown as aforesaid and which bears date the 16th day of January 1904.
                And the deponent further saith, that the said Noah Sides 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 to the end of said last 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 his name to the end of the said last will and testament as aforesaid and when deponent subscribed his name to the said last will as an attesting witness thereto as aforesaid the said Noah Sides was of sound mind and memory of full age to execute a will and was not under and restraint to the knowledge,information or belief of this deponent.  And further these deponent say not.
Severally sworn and subscribed this the 25th               J. H. White {seal}
Day of March 1911, before me                                     T. F. White {seal}
John L. Milholland, Deputy Clerk Superior Court

North Carolina,
Iredell County                                   In the Superior Court.
                It is therefore considered and adjudged by the Court that the said paper-writing and every part thereof, is the last will and testament of Noah Sides, deceased, and the same with the foregoing examination are ordered to be recorded and filed.
                                                 J. A. Hartness, Clerk Superior Court
This the 25th day of March 1911.


This will can be accessed here:
https://familysearch.org/pal:/MM9.3.1/TH-1941-20062-45035-59?cc=1867501


Noah Sides is my 1st Cousin 4 times removed.





 
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[1] "North Carolina Probate Records, 1735-1970," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1941-20062-45035-59?cc=1867501 : 21 May 2014), Iredell > Wills, 1907-1915, Vol. 07 > image 104 of 338; county courthouses, North Carolina.

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