WILL OF SETH M. BROTHERS, SR. - 1922

North Carolina
Pasquotank County.
Will Book Q
Pages 443-446

I, Seth M. Brothers, Sr., of the above County and State, being of sound and disposing mind and memory, and considering the uncertainty of this life, do make, publish and declare this to be my last will and testament, in manner and form following:

     Item I.

It is my will and desire that my hereinafter named executor pay off and discharge all of my just debts, including all funeral expenses, out of any money coming into his hands from my estate.

     Item II.

I devise and bequeath to my beloved wife, Maggie, for and during her natural life, my farm in Virginia, in Norfolk County, Butts Roads Magisterial District, the rents to be used from same for her support and maintenance, subject to the following; she to pay all taxes and assessments that may be levied against same after my decease, and pay over to my sister, Sarah F. Brothers, during her life, the sum of one hundred dollars per year, on or before the first day of December of each year, and the said sum of money to be paid my said sister, shall constitute and be first lien upon the annual rents and profits accruing from said farm, until said annual amount is paid. My said wife, Maggie, to keep up the repairs to said premises, and improvements during the term of her natural life.

     Item III.

I further devise to my said beloved wife during her widowhood or life my home at Weeksville, but should she marry then it is my will that her title to same shall cease, and that it will immediately go to my children hereinafter named, and it is my further will that my said wife while she remains my widow may get all the firewood she may need out of my “Barney Jackson Thicket”, but it is my will that in cutting said wood, due care be taken to damage said thicket as little as possible by cutting the small scrubby and sorry trees for said wood, and any careless cutting in said thicket, doing unnecessary damage to same, will forfeit her right to get wood from same.

     Item IV.

In addition to the foregoing devises, I leave and bequeath to my said beloved wife five hundred dollars in cash to be paid her by my said executor out of any money coming into his hands from my estate, and also I leave and bequeath to her all the household and kitchen furniture, I may leave at my death.

     Item V.

I am endorser on the note of my son, Seth M. Brothers, Jr., in the some of $4,800 with certain payments thereon, and I have also advance the sum of $400, now it is my will, and I so direct that whatever amount my estate may have to pay out on account of said endorsement and the said $400 shall be and constitute a charge upon his part and said amounts must be accounted for my him or deducted from his share of my estate, when divided. It is my further will and I so direct, that as I have advanced my son, S. C. Brothers the sum of $825, said amount shall be deducted from his share in my estate when divided.

     Item VI.

After satisfying all the foregoing items of this my last will and testament, it is my will and desire that all the balance and residue of my estate of whatsoever kind and wherever located shall be equally divided between my nine children, share and share alike, and should any die before I do, then the part going to him or her shall lineally descend to his or her heirs, the parts going to each of my two sons, Seth M. Jr. and Steven C. shall be subject to the advancements and deductions mentioned in item V. hereof.

     Item VII.

It is my further will that should I die before my daughter Ivy reaches her 21st birthday, then the portion of my estate going to her shall be paid over to the First and Citizens National Bank, as Trustee for her, and said bank is requested to take charge of her said part of my said estate, and manage same, and pay over to her annually the sum of $100 during her minority, and when she reaches her majority, the said bank as said trustee, shall settle with her and turn over to her whatever part of her estate may still be remaining.

     Item VIII.

It is my purpose to be fair and just with my wife and children and I do not want any confusion or suits about whatever estate I may leave, or about this my last will and testament, it is my further will and desire, and I do direct, that if my devises, or legatee named in this my last will and testament, shall dissent from same, or shall file any caveat thereto , or in any other way attempt to change or nullify same, shall loose all interest he or she may have under this will, and shall take nothing under this will, and shall forever be debarred from sharing in my estate and the portion going to him or her shall go to my other children.

     Item IX.

I herby name, appoint and constitute my said son, Seth M. Brothers, Jr. executor to this my last will and testament who upon my death will take charge of my estate, and carry out my wishes as herein before expressed. And in the event he has not fully discharged the note hereinabove mentioned up which I am endorser, it is my will that he be required to give bond as required by law, in cases of administration, for this faithful administration of my estate.

In witness whereof I hereto set my hand and seal, this the 18th day of December 1922. All changes and interlineations herein made were made before the signing and sealing of this will.

S. M. Brothers, Sr. (SEAL)

Signed, sealed and declared by Seth M. Brothers, Sr. to be his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other do subscribe our names as witnesses thereto.

J. G. Fearing

J. B. Leigh

Transcribed by H. and D. Carmine.