The Hinshaw Family Association
HFA

The Last Will and Testament of Jesse Gifford Hinshaw


Last will and testament of Jesse G. Hinshaw
North Carolina Department of Archives and History, Division of Archives and Manuscripts; Original Wills, Randolph County; microfilm #1578527 in the LDS FHL.

I Jesse G. Hinshaw of the County of Randolph and State of Northcarolina being of sound mind and memory and concidering the uncertancy of my earthly existance do make and declare this my last Will and Testament in manner and form following that is to say

First my executors hereafter named shall provide for my body a decent burial sutable to the wishes of my relations and friends and pay all funeral expences

Item I give and devise to my Beloved Son James M. Hinshaw all the tract of Land on which I now live together with all the other Lands I own which adjoin the the tract on which I now live to have and to hold to him and to his heirs forever.   Together with all my personal property of evry kind on the premises on which I now live except my money on hand and debts due me   On the following conditions that is to Say   That my Son James M. Hinshaw fully provide for my Support   That he kindly treat and provide for me all all the nessary attention and all things nessary for my comfort during my afflicted condition or procure the same to be done   and I am to remain in the house I now ocupy until my death. Also pay off all my just debts of evry kind or discharge me from the same. Except any clame that might be presented by Martha Phillips and the Said James M. Hinshaw shall have Three years or Two years after my death to comply with the above conditions in regard to the debts.

Item It is my will that my Executors and Elihu E. Mendenhall who I appoint as Trustee for purposes hereafter named   Sell my mill on on pole cat creek known as the John Brannon mill together with the tract of Land on which it is situated suposed to be about thirteen acres at such time and such terms as the may jointly agree upon and it is further my will that my Executors collect the purchis mony arising from the sale of the mill together with all the income arising from the same after paying all the nessary repairing of the same until the mill is sold and pay over the same to Elihu E. Mendenhall Trustee to be applyed by him for the benefit of my grand children Sarah A. Hodgin Robert A. Hodgin Julietta Hodgin Edgar A. Hodgin and Subal G. Hodgin children of my daughter Emaly M. Hodgin and for other purposes hereafter named.

Item It is my will that the said Elihu E. Mendenhall as Trustee must in such way as he may deem secure and best all the moneys as soon as practicable after the or any part of them shall come to his hands under the provisions herein before mad   Item It is my will that Elihu E. Mendenhall Trustee pay over to my excellant and faithful Servant and House helper Martha Phillips Twenty dollars anually during her life time out of the income arising out of my Estate in his hands.   And the residue the income arising therefrom to educate or aid in educating my said grand children at the New Garden School in such a manner that each of my said grand children my receive equal aid from the same.   And that he the said Trustee as my grand children above named or any one of them shall arrive at the age of Twenty One years or after they all shall have arrived at that age as he and they shall agree upon and deem best pay to each one of them fifth part of the principal sum, provided always if it should be determind to pay them there respective shares as the respectively arrive at the age of Twenty one years that he retain enough in his hands to enable him to do as good a part in assisting to educate the younger as the older of my said Grand children.

And lastly I do hereby consitute and appoint my Beloved son James M. Hinshaw and my Beloved soninlaw J. G. Hodgin my lawful Executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and evry part and clause thereof hereby revoking and declaring utterly null and void all other wills and testaments by me heretofore made.

In witness whereof I the said Jesse G. Hinshaw do hereunto set my hand and seal This 5th day of November 1874

Jesse G. Hinshaw
seal

Signed, Sealed, published
and declared by the said
Jesse G. Hinshaw to be
his last will and
Testament in the presance
of us who at his request
and in his presance do
subscribe our names as
witnesses thereto.

Haugill Julian
James N Caudle


Jesse Gifford Hinshaw - Application for Letters Testamentary
North Carolina Department of Archives and History, Division of Archives and Manuscripts; Randolph County Will Book 15; microfilm #475249 in the LDS FHL.

In the matter of the Will of
Jesse G. Hinshaw
In the Probate Court
Randolph County
Before A M Diffee Judge of Probate
James M. Hinshaw & J. G. Hodgin being sworn doth say -

That Jesse G. Hinshaw late of said County is dead, having first made and published his last Will and Testament and that James M. Hinshaw and J. G. Hodgin are the Executors named therein.

Further that the estate of the said Jesse G. Hinshaw consisting of real and personal property is worth about $4000- as far as can be ascertained at the date of this application, and that James M. Hinshaw, Sarah A. Hodgin, Robert A. Hodgin, Julia Hodgin, Edgar A. Hodgin and Shubal G. Hodgin and Martha Phillips are the parties Entitled under said Will to said property.

James M. Hinshaw
J. G. Hodgin

Sworn to and subscribed before me
this 27th day of Aug 1875 A M Diffee
Probate Judge


Jesse Gifford Hinshaw - Probate record
North Carolina Department of Archives and History, Division of Archives and Manuscripts; Randolph County Will Book 15; microfilm #475249 in the LDS FHL.

State of North Carolina
Randolph County     In the Probate Court

A paper purporting to be the last Will and Testament of Jesse G. Hinshaw deceased is exhibited before me the undersigned Judge of Probate for said County, by James M. Hinshaw and J. G. Hodgin the Executors therein named and the due execution thereof by the said Jesse G. Hinshaw by the oath and examination of Howgill Julian and James N. Caudle the subscribing witnesses thereto, who being duly sworn doth depose and say that he is a subscribing witness to the paper writing now shown him purporting to be the last Will and Testament of Jesse G. Hinshaw, that the said Jesse G. Hinshaw in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid and which bears date of the 5th day of November 1874.

And the deponent further saith that the said Jesse G. Hinshaw the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing as subscribed by him and exhibited to be his 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 his name to the last will aforesaid, and at the time of the deponents subscribing his name as an attesting witness thereto as aforesaid, the said Jesse G. Hinshaw was of sound mind and memory, was 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 saith not

Howgill Julian
James N. Caudle
Sworn and subscribed this 27th day of August 1875 before me
A M Diffee
Probate Judge


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