The recent decision of the Supreme Court in the famous Bradford Will case from this city means that Mrs. Minerva Senft Bradford of Spring Grove, Pa., gets all of the vast estate of the late D.B. Bradford and the nieces and nephews who might have gotten a few thousand dollars apiece out of certain valuable real estate bequeathed in the will, will be cut off with a bequest of $10 apiece. Anticipating an attempt to break his will, the deceased D.B. Bradford made a stipulation that should any attempt “to defeat, nullify or contest in law or otherwise” the disposition of his property as provided in the will, the contestants should receive only the sum of $10 each from the estate.
The suit to nullify the Bradford will was brought in the name of D.B. Fearing, a nephew of the deceased, but it is generally understood that all the other nephews and one niece were parties to the action. Mrs. Bradford will ask the Court to so rule. The caveators who lose nearly a two-thirds interest in valuable real estate are Dr. John B. Griggs, Mrs. Mary Whitehurst, John B. Fearing, Woodson Fearing, D.B. Fearing and Keith Fearing.
D.B. Bradford, an old wealthy resident of this city, died in November 1918, leaving all but a small part of his big estate to his new wife. Mr. Bradford’s first wife died on Dec. 18, 1916. Before Dec. 18, 1917, Mr. Branford, then over 80 years old, married Miss Minerva I. Senft of Spring Grove, Pa., who was at the time a nurse in the Elizabeth City Hospital. After less than a year of enjoyment of his young wife Mr. Bradford died. His will, dated April 16, 1918, bequeathed to the young widow all of his cash, stocks and bonds, the Bradford home and one-third of his other real estate. The other two-thirds of his real estate he parceled out among 17 kinspeople, some of whom had lived in high anticipations of something better when “Uncle Bart” died.
The will itself has never been published and The Independent gives it to its readers this week, giving it word for word as it appears in the records of the Clerk of the Superior Court of Pasquotank County. It is an interesting document, revealing among other things that being an old man’s darling may some times prove a highly remunerative occupation.
Here Is the Will
STATE OF NORTH CAROLINA, PASQUOTANK COUNTY
I, Daniel Bartlett Bradford of the County of Pasquotank and State of North Carolina, being in good health and of sound mind, do make, publish and declare this instrument of writing to be my last will and testament revoking and cancelling any, and all wills heretofore made.
First. I desire my executrix, hereafter named, shall pay all of my just and lawful debts.
Second. I desire my executrix to purchase and erect in my burial lot in the Episcopal Cemetery, a handsome monument, sacred to the memory of my dear first wife, Matilda G. Bradford, who was born September 29th, 1838, died December 18th, 1916, provided however, that during my lifetime I have failed to erect one.
Third. I direct that my executrix shall pay to the Vestry of Christ’s Protestant Episcopal Church of Elizabeth City, N.C., the sum of $6,000, to be used toward building a Parish House provided a Parish House has not already been builded, but if said Parish House is builded with the gift form me it is my wish and will that it be dedicated to the memory of my dear first wife, Matilda G. Bradford, my mother, Clara Bradford, and Mrs. Catherine H. Ehringhaus, my first wife’s mother; if said Parish House has already been builded in that event it is my wish, my executrix pay to the vestry of said Christ Church then officiating the said sum of $6,000 for the benefit of said church.
Fourth. I give and bequeath to Dan Fearing, the son of my nephew, John B. Fearing, my gold watch and chain, my double barrel shot gun and the sum of $1,000.
Fifth. I give and bequeath to Eureka Lodge, No. 317, of Free and Accepted Masons; Elizabeth City Lodge No. 217 I.O.O.F. and the B.P.O. Elks Lodge, No. 856, all of said organization being located in Elizabeth City, N.C., the sum of $500 each. Sixth. After the above bequests or legacies have been provided for and paid, then whatever may remain of my estate, both real and personal, I direct and will, shall be divided and distributed in the following manner to the parties herein named:
What Mrs. Bradford Gets
To my dear wife, Minerva I. Bradford I give all my right, title and interest now existing or that may hereafter exist in the following enterprises, viz.:
Sixty-one (61) shares of the capital stock of the “First National Bank” of Elizabeth City, located in Elizabeth City, N.C., also sixty (60) shares of the Capital Stock of the “Citizens Bank,” located in Elizabeth City, N.C., also five (5) shares of the Capital Stock of “The Savings Bank and Trust Co.,” located in Elizabeth City, N.C., also five (5) shares of the Capital Stock of “The Seaboard National Bank” located in Norfolk, Va., also my entire stock and interest in the “Elizabeth City Hosiery Co.,” consisting of 2,650 shares, also my entire stock in the Norfolk and Carolina Telephone & Telegraph Co. of Elizabeth City, N.C., consisting of 100 shares of stock in said company, also 50 shares of the Capital Sltock in the Elizabeth City Cotton Mill Co., also 20 shares of Capital Stock in the Culpepper, Griffin, Old and Grice Insurance Co., located in Elizabeth City, N.C., and all money that I might have to my credit in any bank. I also give her the following bonds and direct they be turned over to her for her own use and benefit, vis.: $10,000 in North Carolina State Bonds, also $10,000 in United States Liberty Loan Bonds, also $5,000 in May and Mill Bonds. I also give to my dear wife, Minerva, 10 shares of stock I own in “The Jefferson Standard Life Insurance Co.,” whose home office is located in Greensboro, N.C., and in further consideration of the love and affection I have for her, I give to her the lot and improvements thereon, situated in the town of Elizabeth City, N.C., at the southwest corner of the intersection of Main and Poindexter Streets, the improvements being a two story brick store, now occupied by McCabe and Griece Co., and others. I also give to her the one-third interest in whatever I may own, at the time of my death, in the lot situated in Elizabeth City, N.C., and bounded on the north by Main Street, on the east by Poindexter Street, on the south by Fearing Street and on the west by McMorrine Street; then I give to my nephew, John B. Fearing, two-ninths (2-9) interest in the above described lot; and to the heirs of my nephew, Woodson B. Fearing, deceased, vis. D.B. Fearing, Keith Fearing and Woodson Fearing, one ninth (1-9) interest in said lot above; to be equally divided between them; to my nephew, John B. Griggs, and my niece, Mary Whitehurst, I give two ninths (2-9) to be equally divided between them; and to the heirs of my first wife’s (Matilda G. Bradford’s) brother, Erskine Ehringhaus, Blucher Ehringhaus, deceased, John C. Ehringhaus, deceased, and her brother William F. Ehringhaus and the heirs of her sister Christena Culpepper, deceased, I do give one ninth (1-9) part interest in the said described lot, to be equally divided between them. Should any of these nephews or nieces of my first wife die without lawful issue begotten of their body, the part or share intended for them shall revert to those of them then living at the time of my death.
Where the Contentants Lose Out
I do hereby and herewith instruct and demand of my executrix, that if any attempt is made on the part of any of the beneficiaries herein named, to defeat, nullify, or contest in law or otherwise, the disposition or division of my property as herein made by me that those so endeavoring to defeat, nullify or contest my wishes as herein expressed shall not be entitled to the part I have intended for them and shall only receive the sum of Ten ($10) Dollars each and that part or portion of my estate herein set apart for them shall revert to the other legates or beneficiaries as may stand firmly by my wishes as herein expressed and defend the distribution and disposal herein made by me of my property.
Having unbounded confidence in my wife, Minerva I. Bradford, to carry out my wishes, I do appoint her my executrix, without bond, to administer upon my estate and I do request her to employ J.C.B. Ehringhaus as her legal adviser in the execution of her duties as my executrix and that she pay him a liberal fee for his services.
Witness my hand and seal this 16th day of April, 1918.
D.B. Bradford (Seal) Witnesses:
J.M. Martin,
W.W. Woodley Jr.
The Will Identified
Superior Court Before the Clerk
North Carolina
Pasquotank County
In re Will of D.B. Bradford, Deceased.
The undersigned each for himself being duly sworn says, that the attached paper writing purporting to be the last Will and Testament of D.B. Bradford, deceased, was found among the valuable papers and effects of the said D.B. Bradford and in the private safety box of said Bradford and in the First Citizens National Bank in Elizabeth City, N.C. That each of the undersigned were personally acquainted with the said D.B. Bradford and with his handwriting and that they have examined the said will and each and every part thereof is in the handwriting of the said D.B. Bradford whose will it purports to be as they verily believe and that the signature to said will is the genuine signature of the said D.B. Bradford. They further say that they knew the said D.B. Bradford at the time of signing the said will, to-wit, 16th day of April, 1918, and that in their opinion the said D.B. Bradford was at that time and period of sound and disposing mind and memory.
J.M. Martin,
E.H. Hill,
J.C.B. Ehringhaus
Sworn to and subscribed to before me November 27, 1918.
G.R. Little, Clerk Superior Court
From The Independent, Elizabeth City, N.C., Friday, March 3, 1922
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