††††††††††† State of North Carolina,)†††††† †††††††††††††††††††† Feb. 16, 1892.
††††††††††† County of Nash.†††††††††† )
††††††††††† I, Andrew Jackson Viverett of the aforesaid state and county, being of sound mind and disposing memory but knowing the frailty of the human body and feeling the uncertainty of earthly existence do make, declare and publish this to be my last will and testament, hereby revoking all will and codicils heretofore made by me.
Item 1.†††††† It is my will and desire that my executrix hereinafter named shall give me decent burial, that is to say, and old fashioned coffin shall be used as my executrix sees fit and the expenses of my burial shall be paid out of the proceeds of the first moneys that shall come into their hands.
Item 2.†††††† I give and bequeath to my children William Ann Hales, Eliza Batchelor, Christopher Columbus Viverette, Blessing Jackson Green, Andrew Jackson Viverette, Jr. Amanda Wright Winstead, to each of these the sun of five ($5.00) dollars in money, to each of my children mentioned in this item, I have during my life time given to them sufficient to make their shares equal to that which I leave to my other children, hereinafter provided for.
Item 3.†††††† I give and bequeath to my son Noah Viverette six hundred ($600.00) dollars in money, said money to be raised by the sale of the mill property, situate on Tar River.
Item 4.†††††† I give and devise to my daughter Lucy Ann C. Green the tract of land in Wilson County on which she now resides known as the Baines tract containing 87 Ĺ acres more or less and bought by me from Mr. Jacob Baines, to have and to hold the said tract of land in fee, provided however, that she pay to my son Noah Viverette the sum of One Hundred ($100.00) dollars which shall be a charge upon said tract of land until the said sum of one hundred dollars ($100.00) is paid by the said Lucy Ann C. Green to the said Noah Vivierette.
Item 5.†††††† I give and devise to my daughter Dovey Ann Batts, the tract of land conveyed by W. E. Batts & wife to be and duly recorded in Book 29 page 109 in the Registerís office of the County of Wilson, containing seven (7) acres for or less to have and to hold the said tract to her and her heirs in feel.
††††††††††††††††† I further give and devise to my daughter Dovey Ann Batts, the tract of land conveyed by William Batts to me and duly recorded in Book 28 pages 382 and 383 in the Registers office of Wilson County, containing seventy two (72) acres more or less, to have and to hold the said tract to her and her heirs forever.
Item 6.†††††† I give and devise to my daughter Fannie L. Viverette, the tract of land known as the Phil A. Williams Piney Woods tract, containing thirty three and one third (33-1/3) acres more or less and conveyed by B.D. Rive to me and duly recorded in Book 59 of deeds on page 410 in the office of the Register of Deeds of Nash County to have and to hold the said tract to the said Fannie L. Viverette, to her and her heirs forever.
††††††††††††††††† I further give and devise to my daughter Fannie L. Vivertte the tract of land in Nash County known as the Boone tract containing 66-2/3 acres more or less, and conveyed by Thos. Boon to Haywood Hardy and by the widow of Haywood Hardy to me, The last deed being duly recorded in Book No. 21 page 292 of the book of Deeds in the Registers office of Nash County to have and hold the said tract to her and her heirs forever.
Item 7.†††††† I give and devise to my daughter Emma Viverette, the tract of land in Nash County, known as the Tyson tract containing one hundred and four (104) acres, more or less and conveyed by Lemuel E. Tyson and Nancy E. Tyson, his wife, to me and duly recorded in Book 67 of deeds, page 540 in the Registers office of Nash county, to have and to hold the said tract of land to the said Emma Viverette, to her and her heirs forever.
††††††††††††††††† I further give and devise to my daughter Emma Viverette, the tract of land situated in Nash County and containing eight (8) acres more or less and conveyed by Washington B. Jones and wife to me and duly recorded in the office of the Register of deeds of Nash county in Book 667, on page 48, to have and to hold the said tract to the said Emma Viverette, to her and her heirs forever.
Item 8.†††††† I give and devise to my beloved wife Rodie W. Viverette, two hundred (200) acres of land, being a part of the home tract on which I now reside, said two hundred (200) acres to be cut off from the tract by a surveyor, beginning at the North corner of said home tract where said land touches Tar River and the land of David Everett, thence to run in an easterly direction along my line and the line for David Everette to the corner at which my land and that of David Everette come together, said point being marked by a well known pine stump thence in a southerly direction along my line sufficiently far to leave said line and run in a westerly direction to the River, so as to embrace the house in which I now reside within the 200 acres and to continue along the river banks to the starting point; to have and to hold the said two hundred acres during her natural life or widowhood and at her death upon her marriage, said land to go to my infant boy and youngest child Burriss Viverett, to him and to him heirs forever.
††††††††††††††††† I further give and bequeath to my beloved wife Rodie W. Viverette, one thousand dollars to be realized from the sale of the mill property on Tar River, the six hundred ($600.00) however, bequeathed to Noah Viverette in item 3 of this will to be paid first to him and then the one thousand dollars to my wife provided there is a sufficient to do so, otherwise, she to have only the residue of the precedes of the sale of said Mill Property after paying to the said Noah Viverette the six hundred dollars bequeathed to him.
††††††††††††††††† If after the payment of the two legacies mentioned in this item to-wit, $600.00 to Noah Viverett and $1000.00 to my wife, both to he paid from the proceeds of the sale of the aforementioned mill property there should then remain a residue undisposed of said residue to be equally divided among my five youngest children, to-wit Fannie L. Viverett, Emma Viverett, Virginia Viverett, Clare B. Viverret and Burris Viverett, share and share alike.
Item 9.†††††† It is my will and desire that my executors shall sell the above mentioned will property as soon after my death as they see fit, if not sold during my life time.
Item 10.†††† I give and devise to my two children Virginia Viverette and Clara Viverette all the residue of my real estate not heretofore devise or disposed of, to be divided equally between them according said value to be determine by my trusted friends, David Everette, H. A. Davis and Redmond Wells who shall have full power to value said land and whose decision shall be final; to have and to hold to the said Virginia Viverette and Clara B. Viverette the aforegranted premises to them and their heirs forever in the proportion determined upon by the said David Everett, H. A. Davis and Redmond wells.
Item 11††††† I further give and bequeath to my beloved wife all my house held and kitchen furniture, all my stock, cattle, farming lands, and all other personal property of what ever kind and description, including all money that may be in hand at my death.
Item 12. ††† I hereby appoint my beloved wife Rodie W. Viverett the legal guardian of my minor children, to-wit: Fannie L. Viverett, Emma Viverett, Virginia Viverett, Clara B. Viverett and Burris Viverett with the request that she give to each and every one of them an education suitable to their means and as she shall see fit.
Item 13.†††† It is my desire and will my executers shall pay all my just debits as soon after my death as they conveniently can and that they collect all debt due to me.
Item 14.†††† If after the payment of all my debts and legacies and levies contained in this last will and testament there should remain a residue undisposed of, I hereby appoint and make my infant son, Burris Viverett my residuary legatee and devisee.
Item 15.†††† I hereby appoint my beloved wife, Rodie W. Viverett my executrix and my trusted friend, David Everett, my executor to carry out the provision of this my last will that my executors shall employ Mrs. Bunn and battle as their legal advisors should there be any need of legal advise in the settlement of my estates.
††††††††††††††††† Signed and declared by the said Andrew Jackson Viverett 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 therefore.
††††††††††††††††††††††† David Everett
††††††††††††††††††††††† H. A. Davis
††††††††††††††††† North Carolina, )
††††††††††††††††† Nash County.††† )
††††††††††††††††† I, J. N. Sills, Clerk of the Superior Court of the aforesaid County and State, do hereby certify that the foregoing is a true and correct copy of the Will of A.J. Viverett, as the same is taken from and compared with the criginal recorded in this office.
††††††††††††††††† WITNESS MY HAND AND OFFICIAL SEAL this the 9th day of March, 1915.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Clerk Superior Court, Nash County.