Tuesday, March 6, 2012

WILL of JOHN CALVIN DEES


Today posting is the WILL of my Great Grandfather John Calvin Dees (10 Nov 1853 – 2 April 1930). John Calvin was twice married; first, to Louvena Huneycutt on 9 April 1884 in Lilesville, Anson County, North Carolina. John Calvin and Louvena had 4 daughters the latter one dying at age one.  Louvena, the mother, died the day after her daughter was born. The children were: Lucy Pearl (My Grandmother), Theresa, Etta M and Louvena. Next, John Calvin married Sarah Frances Gathings on 4 February 1892 in Lilesville, Anson County, North Caroline. They had three children: Winnie Elizabeth, Cora Lee and Callie Blanche.

John Calvin died testate, having written a will dated 14 March 1908, which was probated on 27 June 1930 at Court in Wadesboro, North Carolina. A full transcription of the WILL is provided below. It was transcribed in 1995 from FHL Microfilm 018,161 and is on filed in the Anson County Probate Office in Will Book "F", page 423.


WILL[1] OF JOHN CALVIN DEES

STATE of NORTH CAROLINA-- Anson County
I, J. Calvin Dees, of the aforesaid County and State, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament:
Item I. 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. 
Item II. I give and devise to my beloved wife, Fannie [Gathings] Dees, for the term of her natural life, the following described tract of land lying and being in the County of Anson on the south side of Big Jones Creek, Beginning at a black gum on Caple Branch and runs N. 38 E. 22 chs. to a stake, thence East 14 chs. to a stake on Short Branch, thence N. 17 1/2 W. 28 chs. to a stake at Jones Creek, thence up said creek, the various courses thereof, 24 chs. to the mouth of Caple Branch, thence up the various courses of said branch 25.38 chs. to the beginning, containing seventy-seven (77) acres, more or less; it being the same tract of land conveyed to me by J. C. Cox and Wife by deed of January 21, 1903, which deed is recorded in Deed Book 36, Page 460, etc., reference to which is hereby specially made.
Item III. I give and devise to my children, Winnie Elizabeth Dees, Cora Lee Dees, and Callie Blanche Dees, the tract of land described in the foregoing item, subject to the life estate of my said wife as set out in said item, to them and their heirs forever, share and share alike.
Item IV. I give and bequeath to my daughter, Etta Dees, the sum of Five Dollars ($5.00).
Item V. I give and bequeath to my daughter, Lucy Pearly Purvis, the sum of One Dollar ($1.00). 
Item VI. I give and bequeath all the residue of my personal estate to my wife, Fannie Dees, to be hers absolutely.
Item VII. I hereby constitute and appoint my trusty friend, Marcus L. Ham, 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.
In witness whereof, I, the said J. Calvin Dees, do hereunto set my hand and seal this the 14th day of March, 1908.
                                                                                                               his
                                                                                                 J. Calvin X Dees {Seal}
                                                                                                              mark
Signed, sealed, published and declared by the said J. Calvin Dees to be his last will and testament in the presence of us, who, at his request and in his presence, do subscribe our names as witnesses thereto.
Fred J. Coxe.
Walter E. Brock.
Lena Rivers Smyth.



STATE OF NORTH CAROLINA :: IN THE SUPERIOR COURT.
ANSON COUNTY :: PROBATE OF WILL.
The foregoing paper writing, purporting to be the last will of the late J. Calvin Dees, of said County and State, in this my propounded for probate in our said Superior Court by Marcus L. Ham, the executor named therein, and the due execution thereof is proven by the oath and examination of Fred J. Coxe and Walter E. Brock, two of the subscribing witnesses thereto, who being severally duly sworn according to law, to depose and say, and each for himself deposeth and saith, that at the date therein named the said J. Calvin Dees signed his name at the end of said paper writing, and declared the same to be his last will and testament, to the presence of these witnesses, and that thereupon these witnesses signed their names thereto as witnesses, in the presence of the testator, and at his request; and that, at the time of the execution thereof as aforesaid by the testator, and the attestation thereof by these witnesses, the said J. Calvin Dees was of sound mind and memory, of full age to execute a will, and was not under restraint to the knowledge, information or belief of these witnesses. Therefore let said paper writing be admitted to probate and recorded as the last will and testament of the said J. Calvin Dees, deceased.
Done at office in Wadesboro, this, the 27th  day of June, A.D. 1930, when and where Mrs. Fannie Dees qualified as administrator c.t.a., and letters of administration c.t.a. issued to her.
W. K. Boggan,
Clerk of the Superior Court.

My lineage is through John Calvin daughter Lucy Pearl Dees who married James Francis Purvis.  I have not found a marriage licensee for Grandma Pearly; but, I do know that when this WILL was written (14 March 1908) Grandma Pearly was already married because she is referred to in this will as "my daughter Lucy Pearl Purvis".


[1] Anson County, North Carolina, Probate Office, Will Book "F", page 423, FHL microfilm 018161: page 423 Will of John Calvin Dees; Family History Library, Salt Lake City, Utah.

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