WILL OF WESTBROOK  LEE, SR.

JOHNSTON COUNTY,  NORTH CAROLINA

                    I, Westbrook Lee, Sr., of the County of Johnston and State of
North Carolina, being of sound mind and memory, but considering the uncertainty of
my earthly existence, so make and declare this my last will and testament in manner
and form following, that is to say:

First -         That my executors hereinafter named shall provide for my body
a decent burial suitable to the wishes of my relations and friends and pay all
funeral expenses, together with my just debts, howsoever and to whomsoever
owing, out of the moneys that may firstcome into their hands as a part of
parcel of my estate.

Item -          I lend unto my wife, Esther Lee, One Hundred and Forty Eight acres
of land whereon I now live that has been heretofore layed off for my son
Westbrook Lee, Jr., which I have given him a deed excepting my life time and
my wife Ester Lee's lifetime to have and to hold to her the said Ester Lee
for and during the term of her natural life in satisfaction for and in lieu of
her dower and thirds of and in all my real estate and further lend unto my
wife Ester Lee two horses and mules her choice if on hand 6 head of cattle
if on hand, 6 hear of sheep if on hand, fifteen head of hogs if on hand, her choice
in all the aforesaid stock all the domestic fowls, poultry.  I lend all the
household and kitchen furniture not otherwise disposed of my will.  I lend her one
cart and harness, one saddle, one buggy and harness, if on hand, all of my farming
tools except my blacksmith tools, my Dutch Fan Scythe and cradle and cutting
blades.  I lend her all of my books except my new Bible bought in the date
1873 and Bunyan's complete work.  I further lend her three acres of cleared
land in the dismal in Arthur and Marshall Lee's plantation.  I give and
bequeath unto my wife Ester Lee and the six youngest children all of the
provisions on hand, and one half of the growing crop if on hand after and
cultivating and saving.

Item -          I give and devise to my two oldest sons, Arthur Lee and
Marshall Lee, one tract of land containing two hundred and twenty one acres,
more or less which I value at $600.00 which they have deeds for.  They have
agreed to and with me and my heirs giving bond to the amount of Six Hundred
Dollars, the said Arthur Lee and Marshall Lee is not to have any of the personal
property until all the rest of the children receive that amount then to share
and share alike to have and to hold in fee simple forever.

Item -          I give and devise to my son Elam Lee, two hundred and Eighty
Dollars in money in lieu of land whereas he has agreed with me and my heirs
and giving bond to the amount of Two Hundred and Eighty and the said
Elam Lee is not to have any of the personal property or land until all the
rest of the children receive that amount then to share and share alike.

Item -          I give and devise to my son Walter Lee one tract of land on the
South West of the Peacock Cross Roads containing ninety acres valued at
Three Hundred and Forty dollars,  he has agreed to me and my heirs whereas
he has given me a bond to the amount of Three Hundred and Forty Dollars and the
said Walter Lee is not to have any of the personal property or land until all
the rest of the children receives that amount, then to share and share alike, to
have and to hold in fee simple forever.

Item -           I give and devise to my son James Lee all that tract of land in the
counties of Johnston and Sampson, known as the dismal land containing one
hundred twenty acres, more or less which I have given him a deed heretofore,
valued at Five Hundred Dollars whereas  he has agreed to and with me and my
heirs and has given me a bond to the amount of five hundred dollars and the said
James Lee is not to have any of the personal property or land until all the rest
of the children received that amount, then to share and share alike, to have and to
hold in fee simple forever.

Item -          I give and devise to my son Mordecia Lee, under twenty one
years of age all that tract of land on the west side of hog pen branch containing
one hundred acres, for which I have heretofore given him a deed, valued at four
hundred dollars, and the said Mordecia Lee is not to have any of my personal property
or land until all the rest of the children receives that amount.  Also one book
called Bunyan complete, book bought in the year 1873 to have and to hold in fee
simple forever.

Item -          I give and devise to my youngest son Westbrook Lee Jr., under
twenty one years of age that tract of land whereon I now live except the life
estate of my wife Ester Lee devised in a former item in this my last will
containing one hundred and forty eight acres more or less which I have given
him a deed heretofore valued at $700.00 and the said  Westbrook Lee Jr., is not
to have any of my personal property or land until all the rest of the children
receive that amount then to share and share alike, to have and to hold in fee
simple forever. I further give one bible bought in the year 1873. I further
give unto my son, Westbrook Lee Jr., all of my wearing apparel with my razors
and strap and pocket knife.

Item -          I give and devise unto my daughters, Lena Lee, Winniford Lee,
Aley Lee, widow of J.M. Kee, Esther F. Lee,  Missouri Lee and Theda Lee three
last named under age, five tracts of land containing in all (341) Three Hundred
and forty acres, the first tract containing one hundred and eight six acres, known
as the Jernigan land, second tract known as the Barefoot tract, containing
Forty Six acres.  Third tract known as a part of my original house tract containing
twelve acres on the east side of Jumping run.  Fourth tract known as the West
end of my old place containing 56 acres.  The fifth or last tract known as the
Josias Lee land containing forty one acres valued at Thirteen Hundred and Sixty
Four dollars, to have and to hold to their heirs in fee simple forever.  I further
appoint my surviving son or sons that are living in the counties of Johnston and
Sampson to make a division in the above mentioned lands among the above mentioned
daughters according to valuation by lot to the drawn for.

Item -          I give and devise to my daughter Aley Lee, widow of J. M. Lee
one bed and furniture that she has received heretofore valued at twenty dollars.

Item -           I give and devise to each of my daughters, Lena, Winniford,
Esther F., Missouri and Theda Lee three last name under age, one bed and
necessary furniture, valued at $20.00 each, except the life estate of my
wife Esther Lee devised in a former item in this my will in fee simple forever.

Item -          My will and desire is that all the residue of my estate if any,
after paying my debts, devises and legacies above mentioned, shall be sold
debts owing to me collected if there should be any surplus over the above expenses,
payments, debts, legacies, that such surplus shall be paid over to all those of
my children whose legacies are least in value until each legacy becomes equal
should there be enough to make them equal, or as far as it will reach.

Item -           My executors hereinafter named, shall after this will is proven
give twenty days notice and sell all the property on a credit of three months,
not otherwise disposed of in this will.

Item -          And after the death of the widow Esther Lee my executors shall
forthwith sell at public sale the personal property that I have loaned to her
giving twenty days notice on a credit of three months, not otherwise disposed
of in this will.

Item -         And whereas my two youngest sons, Mordecia and Westbrook Lee Jr.,
are minors, and my three youngest daughters, Esther F. Missouri and Theda
Lee are minors under twenty one years of age, now therefore my will and desire
is that my son Arthur Lee is hereby constituted and appointed guardian of these my
five children to have and hold custody and guardianship both of their respective
persons and estates until they the said Mordecia, Westbrook, Esther F. Missouri
and Theda Lee shall severally arrive at the full age of twenty one years.
And lastly I do hereby constitute and appoint my trusty sons Arthur Lee, Marshall
Lee, Elam Lee, Walter Lee, James Lee, Mordacia Lee, Westbrook Lee, Jr., my
lawful executors to all intents and purposes, this my last will and testament
according to the true intent and meaning of the same, every part and clause thereof
hereby revoking and declaring utterly void all other wills and testaments heretofore
made.  In witness whereof, I, the said Westbrook Lee, Sr., so hereunto set
my hand and seal this the 28th day of March, A.D., 1874
                                                                         Westbrook Lee, Sr. {Seal}

                       Signed, sealed, published and declared by the said Westbrook
Lee, Sr., 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.

                                                                     John E. West
                                                                     W. W. Cox

                               JOHNSTON COUNTY PROBATE COURT

In the Matter of                    }
Westbrook Lee, Sr., Dec'd }                         Evidence of Witnesses.

 

          A paper writing purporting to be the last will and testament
of Westbrook Lee, Sr., deceased, is exhibited for probate before me, J. H. Abell,
Judge of Probate, for said County, by Arthur, Marshall, Mordecia and Westbrook Lee
Jr., the executors therein name, and upon John E. West and W. W. Cox the
subscribing witnesses thereto, being duly sworn each deposes and said: That they
are each subscribing witnesses to the said will and that the said Westbrook Lee
Sr., subscribed the same in each of their presence.  They further said that the
said Westbrook Lee, at the time of subscribing the same, declared the said
writing to contain hi last will and testament, and they did each, thereupon at
the request and in the presence of said testator, subscribe their names as
attesting witnesses, thereto and further that at the time of the subscribing
aforesaid, the said Westbrook Lee, Sr.,  was of sound mind and memory, of full-
age to execute a will and under no restraint, to their knowledge and belief.
Severally sworn to and subscribed before me this the 28th day of September,
1880.
J.H. Abell, Probate Judge.
                                                                  John E. West
                                                                  W. W. Cox.

JOHNSTON COUNTY PROBATE COURT

In the Matter of the will of   }
Westbrook Lee, Sr., dec'd.}

          A paper writing purporting to be the last will and testament
of Westbrook Lee, Sr., dec'd., is exhibited for probate before me, J. H. Abell,
Judge of Probate, for said County, by Arthur, Mordecia, Marshall, Westbrook Lee
Jr., the executors therein named, and thereupon John E. West and W. W. Cox the
subscribing witnesses thereto, being duly sworn each deposes and said: That they
are each subscribing witnesses to the said will and that the said Westbrook Lee
Sr., subscribed the same in each of their presence.  They further said that the
writing to contain his last will and testament and they did each thereupon at the
request and in the presence of the said testator, subscribe their names as
aforesaid, the said Westbrook Lee, Sr.,  was of sound mind and memory of full
age to execute a will and under no restraint, to their knowledge and belief.
Thereupon it is adjudged by the Court that the said paper writing and every
part thereof, is the last will and testament of the said Westbrook Lee, Sr.,
and the same is ordered to be recorded and filed. And thereupon, Arthur
Marshall, Mordecia and Westbrook Lee, Jr., executors as aforesaid are duly qualified
as such as prescribed by law.
                                                                 J. H. Abell, Probate Judge

 

                     This is a true and accurate copy of the will of Westbrook Lee,
                     Sr. dec'd.  This June 16, 1923

                                                                    Ruth Coates,
                                                                       Deputy Clerk Superior Court,
                                                                           Johnston County.