=============================================================== Will of Isaac SUGGS born 8 Feb 1844 North Carolina died 16 Nov 1896 Santa Clara County, California Will: recorded copy 067 WB-2/364 in Montgomery County, North Carolina =============================================================== In the name of God Amen: I, Isaac SUGGS of Santa Clara County, California, being now of sound and disposing mind and memory, but realizing the uncertainties of life do hereby make, publish and declare this to be my last will and testament, hereby revoking all former wills be me made. First: I direct that my body be decently buried, and that my just debts be paid. Second: I give divise and bequeath to my beloved wife, Martha M. SUGGS, all my property both real and personal and mixed, wheresoever situated, to be by her heed, had and used during her lifetime hereby giving to her a life interest and estate in said property, but whereas I am the owner of a certain one hundred acre tract of land in Montgomery County, State of North Carolina, I hereby give my said wife full power to sell said land whenever she may see proper to do so, without any order of court or legal procedure whatsoever, giving her also the power of using the proceeds of the sale of sand land in any way she may deem best. In case all of my children shall be of lawful age when my wife shall die, or in case my wife shall die before me, then in either of said events, I direct that from my estate there shall first be paid to each of my following named children to wit: W.G. SUGGS, Van Lee SUGGS, Charles SUGGS, George SUGGS, and Lucy J. SUGGS, the sum of $35000 each and that thereafter if any surplus shall remain, that the remainder shall be divided equally among my children W.G. SUGGS, Van Lee SUGGS, Mary L. SUGGS (now Mrs. Claude BRYAN), Charles SUGGS, George SUGGS and Lucy J. SUGGS, until each of said children shall have received the aggregate sum of one thousand dollars, excepting Mary L. SUGGS, and until she shall have received the sum of Six hundred and Fifty dollars and whom I have omitted from the first provision for the reason that during my life I have advanced to her property of the value of $35000. After each of said children shall have received severally the above specified amounts in full, then I direct that the remainder if any be equally divided among all my children including my son W.C. SUGGS who has been omitted from the foregoing provisions for the reason that during my lifetime I have advanced to him property aggregating the value of $100000. In case my wife should die before me or in case she should die before all of said children because of age, then in either of said events I direct that my estate in California be not divided until all the children because of age, but that it be held intact as a homestead for such of said children as shall be under age and until they because of age. I nominate and appoint my wife Martha M. SUGGS, sole Executrix of this my last will and testament, she to act without bounds (?), and in case of her death I nominate and appoint my son Van Lee SUGGS as sole Executor hereof , he to serve without bounds (?). In witness whereof I have hereunto set my hand this 2nd day of November A.D. 1894. Isaac SUGGS. Witnesses: S.G. TOMPKINS residing at San Jose, Calif. J. Murray PRATT residing at San Jose, Cal. We, S.G. TOMPKINS and J. Murray PRATT do hereby certify and declare that upon the 2d day of November 1894, Isaac SUGGS who made the foregoing will declared to each of us that the foregoing was the last will and testament, and signed the same in the presence of each of us and requested each of us to sign said will as a witness thereunto, and at his request we and each of us signed our names thereto as witnesses in his presence and in the presence of each other, and that at the time of making said will, he, Isaac SUGGS appeared to be of perfectly sound mind and memory and not acting under any duress -- Dated this Nov. 2d 1894. S.G. TOMPKINS J.M. PRATT (endorsed filed Dec. 3rd 1896 Henry A. PFISTER, Clerk by T.A. SCHILLING, Deputy Clerk) In the Superior Court of the County of Santa Clara, State of California. In the matter of the Estate } of Isaac SUGGS, } Certificate of Proof of Will deceased } and facts found. State of California } County of Santa Clara } s.s I, John REYNOLDS, Superior Judge of Santa Clara County, do hereby certify on the 18th day of December A.D. 1896, the annexed instrument was admitted to probate as the Last Will and Testament of Isaac SUGGS, deceased, and from the proofs taken and the examinations had therein, the said Court finds as follows: That said Isaac SUGGS died on or about the day of November A.D. 1896, in the County of Santa Clara, State of California, that at the time of his death he was a resident of said County of Santa Clara, State of California, that the said annexed will was duly executed by the said decedent in his lifetime in the County of Santa Clara, State of California, and signed he said in testator in the presence of Samuel G. TOMPKINS and James Murray PRATT, the subscribing witnesses thereto; Also that he acknowledged the execution of the same in their presence and declared the same to be his last will and testament, and the said witnesses attested the same at his request in his presence and in the presence of each other that the said decedent, at the time of executing said will, was of the age of eighteen years and upwards, was of sound and disposing mind, and not acting under duress, menace, fraud, under influence, or misrepresentation, nor in any respect incompetent to devise and bequeath his estate. In witness whereof, I have signed this certificate, and caused the same to be attested by the Clerk of said Court, under the seal thereof, this 18th day of Dec. A.D. 1896. John REYNOLDS, Superior Judge ( seal of ) Attest: Henry A. PFISTER, Clerk ( Superior ) ( Court ) by N. DECKER, Deputy Clerk (endorsed) Filed Dec. 18th A.D. 1896 Henry A. PFISTER, Clerk by N. DECKER, Deputy Clerk State of California } County of Santa Clara } s.s I, Henry A. PFISTER, County Clerk of the County of Santa Clara, State of California, and Clerk of the Superior Court in and for said county, do hereby certify the annexed to be a true, full and correct copy of the original Last Will of Isaac SUGGS, deceased and certificate of proof of will and the facts found, now of record and on file in said court. It Witness whereof, I have hereunto set my and affixed the seal of said superior court, this 1st day of February A.D. 1898. ( seal of ) Henry A. PFISTER, Clerk ( Superior ) by J.M. SHILUE, Deputy Clerk ( Court ) ( Santa Clara Co. ) ( Cal. ) North Carolina } In the Superior Court Montgomery County } It appearing to the satisfaction of the Court from the exemplification of the record herein of after mentioned that the last will and testament of Isaac SUGGS, deceased, a citizen of Santa Clara County, and State of California, has been duly proved and allowed in the proper court of Probate of said County and State, according to the laws of said State, and it further appearing that the said Isaac SUGGS left property in the County of Montgomery, State of North Carolina, it is therefore ordered and adjudged that the exemplification of said will and its probate in the proper court of Santa Clara County and State of California, which has been produced and exhibited here duly certified and authenticated, be allowed, filed, and reordered (?) in this Court, this 23rd day of February 1898. J.S. LEEVIS Clerk Superior Court of Montgomery County =============================================================== Record Collected and typed by Scott Trimble, 30 March 1995