Transcription of the 02 Sep 1876 State of North Carolina Will of Probate for Mathias John Winecoff, Jr. (1805-1876), My Maternal 4th Great-Grandfather

Transcription of the 02 Sep 1876 State of North Carolina

Will of Probate for Mathias John Winecoff, Jr.

State of North Carolina SS. In the Probate Court.

Cabarrus County.

            A Paper purporting to be the last Will and Testament of Mathias Wihnecoff deceased, is exhibited before me, the undersigned, Judge of Probate for the said County, by M. H. Winecoff one of the executors therein mentioned, and the due execution thereof by the said Mathias Winecoff by the oath and examination of Jos. N. Brown & Jos. Gouny the subscribed 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 Mathias Winecoff that the said Mathias Winecoff in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which beast the date of 2 day of October 1872.

            And the Deponent Further Saith, That the said Mathias Winecoff the teastor aforesaid, did at the time of the subscribing his name as aforesaid declare the said paper writing so subscribed by him, and exhibited to his last Will and Testament, and the deponent did th reupon subscribe his name at the end of said Will, as an attesting witness thereto, and at he request and in the presence of the said testator, this deponent further saith, that at the said tiem when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as an attesting witness thereto, the aforesaid, the said Mathias Winecoff 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 the deponent; And further these deponents say not.

Joseph Gouny(?) (Seal)

J. N. Brown (Seal)

Severally sworn and subscribed this 2 day

of Sept. 1876, before me, Jas C Gibson

How I Descend from Mathias John Winecoff, Jr. My maternal grandmother,
mom, and I (all living) would follow after Sgt. Murl Sanders Litaker, Sr.

©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.

Transcription of the 02 Oct 1872 Last Will and Testament of Mathias John Winecoff, Jr. (1805-1876), My Maternal 4th Great-Grandfather

Transcription of Mathias John Winecoff Jr.'s Last Will and Testament

I Mathias Winecoff of the County of Cabarrus and state of North Carolina being of sound mind and memory and being aware of the uncertainty of life do make my last will and testament as follows viz:

Item 1^st I wish my executors herein after appointed to pay all my just debts.

Item 2^nd I devise and bequeath to my beloved wife Elizabeth one hundred acres of land including my dwelling and outhouses.  The miles and bounds to be selected by her to have and to hold so long as she remains my widow.  I further give and bequeath to my wife all the household and kitchen furniture which she owned previous to our marriage and all the personal property of every kind which she had before our marriage.  I further give and bequeath to my wife one years support (not to exceed the allowance made by law) and three hundred dollars in cash.

Item 3. I devise and bequeath to my son M. H. Winecoff the parcel or tract of land on which he now lives containing one hundred and two acres.  The miles and bounds of which are marked to have and to hold to him and his heirs forever.

Item 4^th I devise that my executors shall sell the balance of my personal property not given to my widow and I devise and bequeath to my grand child Josephine Winecoff five hundred dollars in cash to be paid to my executors and I devise and bequeath to my grand son Joseph N. Winecoff five hundred dollars in cash provided the settlement which I have made of his father’s estate as administrator shall not be interfered with.  I mean by this bequest to Joseph N. Winecoff that as I was Administrator of his father’s estate and the guardian of said Joseph during the war and owing to the troubles and difficulties the became mixed up with Confederate money and liner the war some of the notes have become worthlys and on the 20^th Sept 1871 I charged myself in the return as his guardian with the sum of two hundred and eighty  four 69/100 dollars in good money.  Now if said settlement and return shall stand and if myself or my executors shall not be held to account for any greater sum than two hundred and eight four 69/100 dollars due said Joseph on the 20 Sept 1871.  Then I desire that he the said Joseph shall have five hundred dollars in addition there to from my estate but if any greater sum than two hundred and eighty-four 69/100 shall be claimed on account of my said guardianship then it is my will and desire that that the said Joseph N. Winecoff shall have nothing whatever from my estate.

Item 5^th I devise and bequeath to my children  M. H. Margaret I. Sarah Ann. Harriet M. Layton M. and Jane Elizabeth. the balance of all my real and personal estate to be divided equally between them and in order that the division may be equal it is my will that my son M. H. shall account for the value of the tract of land which I have given him above but in the account he is not to be charged with the value of any improvements he may put on said land.

Item 6^th If my wife shall marry then it is my will and desire that the real estate which I have desired to her in the 2^nd Item shall be divided equally between my children mentioned in the 5^th Item, and if she never marries then at her death the said real estate shall be divided equally among my children mentioned in said 5^th Item.

Item 7^th I constitute and appoint my M. H. and L. M. Winecoff my executors to execute and carry out this my last will and testament.  This 2^nd day of October 1872.

Mathias Winecoff (seal)

Signed and sealed and published as the last will and testament of Mathias Winecoff in our presence and at his request and in his presence he have subscribed our names as witness thereto.

Joseph Louny(?)

J. N. Brown(?)

 Mathias Winecoff Last Will and Testament - page 1 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com

 Mathias Winecoff Last Will and Testament - page 2 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com

 Mathias Winecoff Last Will and Testament - page 3 -
North Carolina, Wills and Probate Records, 1665-1998 on Ancestry.com

Depiction of How I Descend from Mathias John Winecoff, Jr. (Note: Below Murl, Sr.,
the pedigree chart would show my maternal grandmother, my mother, and me (all living).)

©Amy Wood Kelly, 2015 - I am happy to share my genealogical research and writing with others, as well as to help others with their research efforts.  However, please do not reprint this post in full or in part or use excerpts from this post without giving full credit to me, Amy Wood Kelly, as the researcher and author as well as providing the permalink to this post.  Thank you, in advance, for showing respect for my request and the work I put into creating this post.