North Carolina
County of Wake
I, John C. Drewry, of the county and State above named, and of the city of Raleigh, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare THIS, my last WILL and TESTAMENT, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
Item I. -- I desire that my body be given burial suitable to the wishes of my family and friends, and that all funeral expenses which shall include a suitable tombstone, together with all my just debts, be paid by my executor out of the first monies which may come into his hands belonging to my estate.
Item II. -- I give and devise to my wife, Kittie Holt Drewry, who has ever been a true and faithful companion, the house and lot, No. 708 Hillsboro Street, now occupied by us as a dwelling, together with all furniture and its contents therein contained, except such as is hereinafter disposed of by me, and also the automobile. I value the house and lot at $19,000.00, but my wife having contributed $6,000.00 towards the purchase price, I direct that it be estimated and valued at $13,000.00. I estimate and value the furniture and contents at $5,000.00, making a total valuation of property given in this clause to my said wife at $18,000.00. I have already made a deed conveying this property to my wife.
Item III. -- I give, bequeath and devise to my wife, Kittie Holt Drewry, for and during her lifetime, the net income from my building and storehouse in the City of Raleigh, situated on the south side of Hargett Street, between Fayetteville and Wilmington Streets, Raleigh, N. C., known as the Times Building, and direct my Trustee to pay the same to her quarterly.
After her death, I direct my Trustee to convey this property to my son, John C. Drewry, Jr., if he be then alive. If he pre-deceases my wife, or dies without issue surviving, then I direct that this property be divided among my heirs at law.
I wish the Washington mirror, that I purchased from Miss Mollie Rixley, which stands in the parlor of our house on Hillsboro Street, and the old hall clock, which belong to my grandfather Barnes, to go to John C. Drewry, Jr. I wish John to let these articles remain in our house as long as his mother lives.
Item IV. -- I give and bequeath to my son, John C. Drewry, "now Junior", who has been a good boy all of his life and who has been a great joy to us, all and every one of my several tracts of land lying and being situate in House Creek Township, Wake County, free of debt - if any mortgage is on the farm at my death, I want it paid off out of my estate - to have and to hold during his lifetime, and then to be divided equally among his male heirs, they to share and share alike. These tracts or parcels of land consist of the one purchased from Miss Rebecca Rogers and others, and contains 125 acres more or less. Also the tract purchased from Ed. Rogers and wife, containing 56 acres more or less, and two purchased from Allan Rogers and wife, one containing eleven (11) acres, and the other nineteen (19) acres more or less. Also the land purchased from John Moore and wife, fronting on the Raleigh and Oxford Road, containing 45 acres more or less, and the adjoining tract purchased from James Shaw, containing 30 acres more or less. Also the tract purchased by R. S. Rogers and myself from J. C. Freeman, and afterwards purchased by me from R. S. Rogers and wife, and containing sixty-eight (68) acres more or less. Also the tract purchased at the Commissioners' Sale from one of the heirs of Burke Rogers, containing twenty-six acres more or less. All of these tracts together containing about four-hundred (400) acres. It is my desire that my son, John C. Drewry, Jr., shall keep this land during his life time, and then divide it equally among his male heirs if he has any, as I want this property to remain in the family, and be known as Drewry Hill Farm. If he has no male heirs, then I desire that it shall be divided equally among the female heirs. Should the said John C. Drewry Jr., die without issue or without children then living, the property herein given shall revert to my estate and it or its proceeds become a part of the general trust fund hereinafter provided for. I also give to my son, John C. Drewry Jr., all of the personal property stock, and other articles, such as farming implements, crops, (except cotton in bales), etc. contained on said farm. I value these farms and the stock and other property belonging to me on said farms at $18,000.00. I also give and bequeath to my son, John C. Drewry, the gold watch and chain that I now wear, also the gold watch that belonged to his grandfather and his great grandfather, John Drewry. This watch has always been the property of a member of the family by the name of John Drewry, and I, therefore, desire that he keep the watch during his life, and hand it down to his posterity. I also give him the old mahogany sideboard, now in my possession, which belonged to his grandmother Drewry. I also give him the old Mahogany Secretary and Book-case that I purchased Miss Mollie Rixey, my two double-barrel Shot Guns, also my Masonic 32nd. Degree God Ring. Should I die before my son John C. Drewry, arrives at the age of twenty-one, then the property given to him under Item Four above shall be held in trust by my trustee or trustees hereinafter appointed and paid over when he arrives at said age, said trustee or trustee in the meantime to manage the property to the best advantage, and to expand from the interest (or principal if necessary), a sufficient amount in the judgment of said trustee or trustees to maintain and support him and to provide a proper and suitable education, my intention being that he shall come into possession of this property and its accumulations, if any, upon his arrival at the age of twenty-one years.
Item V. -- In addition I further give to my son, John C. Drewry, all of my books and papers, composing the library accumulated during my life time. I do so because it is the desire and ambition of my life that he shall be a Minister of the Gospel, and I feel that these books will be more highly appreciated by, and of more service to him, than anyone else to whom I could give them.
Item VI. -- I give, devise and bequeath to my executor, the Raleigh Savings Bank and Trust Company, whom I hereby constitute and appoint trustee for that purpose, the sum of One Hundred and Twenty Thousand Dollars ($120,000.00) for the uses and purposes set out in Paragraphs VII, VIII and IX, and upon the terms and conditions as follows:
Said trustee shall hold and manage all of said property, or the investments into which it may be converted, and receive any income from it, and out of said income to pay the cost and expense of executing the trust, including any tax or assessment against the trust estate, and pay the net income to the beneficiaries as herein set out.
Said trustee shall set apart out of the funds and securities in their hands the three separate trusts named in Items 7, 8, and 9.
Said trustee shall have the right, whenever it sees fit to do so in its discretion, to change any of the investments of my estate, whether made by me or it, and for that purpose may sell any real estate, stocks and securities, or other property, at private or public sale without being required to get an order of court for that purpose. Said trustee shall have the right to convey the property so sold, and to receive the proceeds of sale and reinvest the same, such proceeds of sale and reinvestment to stand in the place of the property so disposed of, and to be held on the same trust as such property so sold and conveyed.
It is my intention and purpose in constituting the executor of my estate as trustee for my wife Kittie Holt Drewry, my son John C. Drewry Jr., and my grandson James G. Hanes Jr., both separately for each one of the three, and afterwards, so far as the residue of my estate is concerned, collectively for the first two of them, and the survivor, that of the trust so created they shall only receive from the trustee the net income of such trust, and that the legal and managing title shall at all times be in the trustee, and that their interest shall be only a beneficial one, to receive from the trustee the net income, and that they shall not receive or be entitled to the control, management or custody of these trust funds so created.
After the payment and delivery of the specific devices and bequests, the trustee shall hold the remainder and residue of my estate for the uses and trust herein set forth, for the benefit of my wife, Kittie Holt Drewry, and my son John C. Drewry Jr., and the said trustee, shall hold, manage and control the ownership of any such trust estate until the time for the termination of the same as set forth in Item XIII.
The net income from any moneys, property or investments held to my estate which is not designated specifically, shall be divided equally between my wife, Kittie Holt Drewry, and my son, John C. Drewry Jr., during their life or lives.
In the event of the trustee hereinafter named declining or failing to act, then a successor trustee shall be appointed by the Clerk of the Superior Court of Wake County in the manner prescribed by law for appointing successor trustees, it being my intention and purpose for the trustee at all times to hold the legal title, manage, control and direct this property, and after paying the expenses of the same to pay only the income to the beneficiaries under such trust.
Item VII. -- It is my desire and I direct that the sum of Sixty Thousand Dollars ($60,000,00) be set aside by my Trustee, or Trustees, and invested by them for the benefit of my wife, Kittie Holt Drewry, during her entire lifetime, and the income from such amount be paid over to her quarterly for her maintenance and support. Upon her death the sum of Sixty Thousand Dollars shall become a part of the General Trust Fund of my estate, and be held and invested by said Trustee, or Trustees, until the final winding up of the same.
Item VIII. -- It is my desire, and I so direct, that my trustee or trustees, herein names shall set aside for the benefit of my grandson, James G. Hanes, Jr., the sum of Thirty Thousand Dollars ($30,000.00), which amount shall be held in trust and invested by my trustee or trustees, and the income from such amount be paid over to him, or his guardian, quarterly for this maintenance and support.
When he attains the age of thirty five years this trust shall terminate and cease and the property so held in trust shall be conveyed by the trustee to him.
If my grandson, James G. Hanes Jr., does not survive at the age of thirty five years, or dies before attaining that age leaving no issue, then I will and direct that his interest and share in this trust fund shall cease and terminate, and it shall revert to and become a part of the residue of my estate and be divided as directed in that section of my will dividing such residue of my estate.
Item IX. -- It is my desire, and I do direct, that the Raleigh Savings Bank & Trust Company shall hold Thirty Thousand Dollar ($30,000.00) life insurance payable to them for the benefit of my son, John C. Drewry, Jr., which amount shall be held in trust and invested by my said trustee or trustees, and the income therefrom shall be paid to him or his guardian quarterly.
Item X. -- Should either my son, John C. Drewry Jr., or my grandson, James G. Hanes Jr., die before the final winding up of my estate, leaving surviving him a child, or children, the income from such sum as shall have been provided for them, or either of them and its accumulations, shall be used by said Trustee, or Trustees, for such child, or children, as is hereinbefore directed to be used for its or their parent. Should said John C. Drewry Jr., or James G. Hanes Jr. die before the final winding up of my estate, without leaving surviving heir or heirs born to them, then the said sum of Thirty Thousand Dollars ($30,000.00) set aside for his benefit, and its accumulations, if any, shall become a part of the general fund of my estate, and be held by said Trustee, or Trustees, as other property is held by them, until the final winding up of my estate. It is my desire and my Executor or Trustee is directed that the property herein given to my wife, son, and grandson in Items II, III, and IV, and the amounts set apart for their use and benefit in Items VII, VIII and IX in this WILL shall have precedence over all other gifts, bequests and trusts, whatsoever, and they shall be put in possession of such property or the same shall be set aside for their use and benefit before any other gifts, bequests or trusts shall be considered.
Item XI. -- I give and bequeath to the Grand Lodge of North Carolina, Ancient, Free and Accepted Masons, the sum of Ten Thousand Dollars ($10,000.00) in trust, to be set aside by the Grand Lodge and known as the Drewry Memorial Grand Secretary's Fund. I appoint as a Board of Trustees of this fund the Grand Master of the Grand Lodge of North Carolina, and the Grand Secretary, and their successors in office, and two additional discreet Master Masons, residents of the City of Raleigh, to be elected by the Grand Lodge, who shall act with the Grand Master, the Grand Treasurer, and the Grand Secretary, and their successors in office as Trustees, to manage and invest the above named Fund. The Raleigh Savings Bank & Trust Company shall be the custodian of all funds and securities left the Grand Lodge under this trust. It is my desire and I direct that these five trustees and their successors in office shall manage and control this fund and keep it constantly invested as far as possible, until the Fund and its accumulations or additions amount to Twenty Thousand ($20,000.00) Dollars of more. This donation in trust of $10,000.00 and its accumulations may be supplemented or increased at any time by additions to the Fund from the Grand Lodge Treasury or other sources. When this trust fund and its accumulations and additions in the hands of the Raleigh Savings Bank & Trust Company amount to $20,000.00 or more, then it is my desire and I direct that the Trustees of this Fund shall keep the same intact and well and safely invested, and that the proceeds or income from the Fund shall be used by the Grand Lodge toward paying the salary of the Grand Secretary or said Grand Lodge or the expenses of that office; or, if more than sufficient to do this, the balance of the income, if any, shall be used to increase the principal of the Trust Fund. I direct that the same sum of $10,000.00 be set aside by my Executor, the Raleigh Savings Bank & Trust Company, to be invested by the Board of Trustees of the Drewry Memorial Grand Secretary's Fund with the assistance of my Trustee hereinafter named, and said investment and securities to be held by the custodians of the Fund. The said sum of $10,000.00 not to be available until after the Trustees of the Drewry Memorial Grand Secretary's Fund have qualified and organized under the terms and conditions of this WILL. The Trustee of said Fund being officers of the Grand Lodge or otherwise residents of Raleigh, I desire that they serve the Grand Lodge in this capacity without compensation, and direct that no expense for said services be paid out of this Fund either to the Trustees of this Fund, or to the Raleigh Savings Bank & Trust Company. Said Trustee shall make an annual Report to the Grand Lodge as to the manner in which they have performed the duties of said trust, and such report to be accompanied by a statement from the Raleigh Savings Bank and Trust Company in regard to the securities in their hands. It is my will and desire that the Grand Lodge shall at its first annual communication after my death elect as the two additional trustees and residents of Raleigh to compose said Board of Trustees of the Drewry Memorial Grand Secretary's Fund, my highly esteemed and much beloeve Brethren (if they then be living), A. B. Andrews Jr., and C. B. Barbee, two honest, discreet business men in whom I have the utmost confidence, who shall serve during their lives and at their death or resignation their successors to be chosen by the Grand Lodge.
The gift or bequests to the Grand Lodge in trust shall not be paid until after the other specific gifts and bequests in this WILL are satisfied.
Item XII. -- I direct that my Trustee, or Trustees, shall pay out of the proceeds coming into their hands from my general estate to my sister-in-law, Mattie A. Mangham, the sum of Fifteen Dollars each month during her natural life.
Item XIII. -- It is my WILL and desire, and I do direct that the trusts herein created, except that of the Drewry Memorial Grand Secretary's Fund, shall remain in full force and effect as follows: (A) That for my wife, Kittie Holt Drewry, until her death; (B) that for John C. Drewry, Jr., until he reaches the age of thirty-five years; (C) that for James G. Hanes Jr., until he reaches the age of thirty-five years; (D) the residue trust fund shall be kept alive until the two particular trust funds for Mrs. Kittie Holt Drewry, and John C. Drewry Jr. have each terminated.
Item XIV. -- It is my will and desire that my son, John C. Drewry, receive the sum of Ten Thousand Dollars ($10,000.00) in cash on his twenty first birthday, September 24, 1924, and I hereby direct trustee, or trustees, to pay this amount to him out of the general fund then in their hands, if same is sufficient, and if not, then from the Thirty Thousand Dollars ($30,000.00) hereinbefore set aside for his benefit.
Item XV. -- I give, bequeath and devise to the Vestry of Christ Church, Raleigh, N. C., One Thousand Dollars ($1,000.00) to be used as the Vestry and Rector sees fit to the best interest of said Church and direct that my Executor or Trustee pay over to said Vestry this amount after the other bequests and donations named above in this WILL are satisfied.
Item XVI. - I give, bequeath and devise to the Trustees, or proper legal representatives of the University of the South at Sweanee, Tennessee, the sum of Five Hundred Dollars ($500.00), and direct that my Executor or Trustee pay the sum out of the general fund after the other bequests and donations above named are satisfied.
Item XVII. -- I give, bequeath and devise to the Trustees or proper legal representatives of St. Mary's School, Raleigh, N. C., the sum of Five Hundred Dollars ($500.00), and direct that my Executor or Trustee pay the sum out of the general fund after the other bequests and donations above named are satisfied.
Item XVIII.-- I give, bequeath and devise to Mrs. Lily Bradley Judd, daughter of my much esteemed Masonic friend Robert H. Bradley of Raleigh, N. C., who has been a faithful stenographer and clerk for many years, the sum of One Thousand Dollars ($1,000.00) and requests that she use it for the education of her little girl, and I direct that my Executor or trustee pay the sum out of the general fund after the other bequests and donations above named are satisfied.
Item XIX. -- I give to my step-son Thos. H. Wharton, the Diamond Ring that I have worn during my lifetime with three stones in said ring, and desire that he wear it as a memorial to me during his lifetime.
Item XX. -- It is my will and desire that all property undisposed of under this Will and remaining in the hands of my Trustee or Trustees when said residue trust shall terminate, shall be divided into three equal parts, two parts to go to my son, John C. Drewry, Jr., and one part to go to my grandson, James G. Hanes, Jr., their children to inherit their parent's share, if such parent be dead prior to that time. This device in fee shall not take effect as to John C. Drewry, Jr., or pass any title in fee to him or his heirs until he attains the age of thirty-five years or dies before that time, leaving issue surviving him. Similarly the devise to my grandson, James G. Hanes, Jr., and shall not take effect or pass any title in fee to him or his heirs until he arrives at the age of thirty-five years, or leaves issue surviving him, should he die before attaining that age.
Should both John C. Drewry, Jr., and James G. Hanes, Jr., die without leaving surviving issue, it is my will and desire and I hereby give and bequeath to the Board of Trustees of the Drewry Memorial Grand Secretary's Fund, the additional sum of Fifty Thousand Dollars ($40,000) to augment the fund and be used for similar purposes as the gift theretofore made to them.
The remainder of my estate, which shall then remain shall be divided among my heirs at law, according to the law."
Item XXI. -- I have endeavored to divide my property among my wife, son and grandson with absolute fairness, and I desire that all dependent upon me shall continue to be so treated. I have not given any of my property to my step-children, Catharine and Thomas Wharton, except as stated above, for the reason that their mother owns property in her own right, and in addition she will have the property that I have given her, and her father L. Banks Holt being a man of large means, she will naturally inherit her just share of his estate, all of which she will naturally divide among her children and will be better able to provide for them than I can hope to provide for my own children. But for this fact I would have remembered Catharine and Thomas more liberally in my WILL.
Item XXII. -- I hereby nominate, constitute and appoint as my executor and trustee to take charge of my property and manage my estate and pay over the specific legacies herein disposed of, and to invest and control the funds herein conveyed to them in trust, and to in all respects carry out the intents and purposes of this, my last WILL and TESTAMENT, The Raleigh Savings Bank & Trust Company of Raleigh.
Item XXIII. -- I give, bequeath and devise to my Sister Lula, Mrs. J. H. Blick, the sum of Three Thousand Dollars ($3,000.00), and direct that my trustee or trustees pay this sum out of the general fund after the other bequests and donations above are satisfied.
Item XXIV. -- I give, bequeath and devise to my brother, W. S. Drewry, all of my interest - which is on-half undivided interest - in the office furniture and furnishings of the Richmond office conducted by he and myself.
Item XXV. -- I also give, devise and bequeath to my wife the sum of One Thousand Dollars in cash ($1,000.00) to be paid to her by my executor out of the first moneys coming into his hands. This payment to take precedence over all other legacies or bequests.
IN WITNESS WHEREOF, I, the said JOHN C. DREWRY, do hereunto set my hand and seal this 22nd day of July 1916.