Page, part of the Jan and Larry Rhodes Family site, updated 16 May 2011

Documents of John Frady:

The Deed for Mount Zion Church

Old Mount Zion ChurchExtracted from Buncombe County North Carolina Deed Books and transcribed by Louise F. Hodge, Midlothian, Virginia. This property is located on Overlook Road, Arden, North Carolina, next to the William W. Estes Elementary School and across the road from the T. C. Roberson High School, at the foot of Frady Mountain. The current church, a brick structure, is situated south of the cemetery. An older building's foundation may be found in the woods north of the cemetery. No graves are visible in this photograph.

Know all men by these presents that John Frady of the County of
Buncombe and State of North Carolina in consideration of One Dollar to
him paid by John B. Lance, A. J. Merrill, and N. L. Frady as trustees
of the Methodist Episcopal Church (also to be free to all orthodox
churches in good standing) the receipt whereof is hereby acknowledged,
do hereby give, grant, bargain, sell and convey unto the said John
Lance, A. J. Merrill and N. L. Frady as trustees and their
successors. When failed to be used as heretofore mentioned to revert
back to donor, the following described lands to wit:
Beginning on a Spanish oak a corner formerly granted
by aforesaid grantor, thence running with that line thirteen poles to
a pine, thence South 6 degrees West fourteen poles to a Spanish oak on
the side of the school road, thence North 80 degrees twenty poles to a
pine in said grantor's line, thence North 35 degrees East, eighteen
poles to the beginning, containing two acres, more or less to have and
to hold the above granted premises to the said John B. Lance, A. J.
Merrill, and N. L. Frady as trustees
of the Methodist Episcopal Church forever, and the said John Frady doth
covenant
to and with the trustees of the aforesaid that he will warrant and
defend the premises herein conveyed to be free and clear from claims
of any and all persons claiming therein under me. In witness whereof I
have herewith set my hand and seal this the 22nd day of September A. D. 1877.
Entered [lined?] before these presents.
J. T. Murray
W. R. Murray

Signed John (hisXmark) Frady

Mount Zion was an active Methodist Episcopal church until 1950 when it was discontinued by the conference. After the unification of the Methodist denominations in 1939, attempts were made to combine the congregation with Skyland Methodist Church on Hendersonville Road; and the Skyland pastor served Mount Zion until discontinuation. The congregation became independent, and then became Baptist, which it is today. [Bumgarner, George William, The Methodist Episcopal Church in North Carolina 1865-1939 Among the White Population, the Lumbee Native Ameericans, and, to a limited Extent, the Black Population; Charlotte, North Carolina: Hunter Publishing Company. 1990, Pages 24-25]


The Will of John Frady

Transcribed by Larry Rhodes from a copy of a facsimile in the Brown Collection, assembled by Edith Creasman Gasperson, Old Buncombe County Genealogical Society Library, Asheville, North Carolina.

368

In the name of God. Amen!

John Frady, a citizen of the City of Asheville, in the County of Buncombe and State of North Carolina, being of sound disposing mind and memory (praised be to God for the same) and desiring to settle all my worldly affairs, whilst I have strength and capacity so to do, do hereby make and publish this my last will and testament, hereby revoking and making all void all former wills by me at my time heretofore made.

And first and Principally, I commit my soul unto the hands of my Creator, and my body to the earth, to be interred in the burial ground at and belonging to the New Salem Church in Lime Stone Township, in the County of Buncombe and State of North Carolina, by the side of my beloved wife who lies buried there, and to be done under the supervision of my executor hereinafter named. And as to such worldly estate wherewith it hath pleased God to intrust [sic] to me; I dispose of the same as follows, to wit:

First: It is my will and desire that my said executor, shall out of the first money that may come into his hands, belonging to my estate, pay off and discharge my funeral expenses together with all my just debts that I may owe at the date of my death.
Secondly:

I give and bequeath unto my children Julius A. Frady, Fannie Sumner, wife of Sameul [sic] L. Sumner, Addie Pressley, wife of Frederick Pressley, Noah L. Frady, H. L. Frady, Emma Green, wife of James Green, and Sameul [sic] L. Frady, the sum of one Hundred and Fifty ($150.00) Dollars each to be paid by my Executor out of my personal estate and for which sums each of my said children shall sign, execute and deliver to my said Executor a proper voucher therefor [sic].

Thirdly:

As a memento of love and affection I have for my little great granddaughter Emma Frady, daughter of my grandson J. B. Frady, I give and bequeath to her one red and white backed colored cow name of Rose;

Fourth:

I give and bequeath unto grandson J. B. Frady one black colored horse named Frank, one horse mule named Jack, together with a two horse wagon and the set of harness and other things thereunto belonging, this being all I entend [sic] him to have out of my estate, as I have for a consideration deeded to him in fee simple subject to my life estate in the same all my lands and premises situate, lying and being in the City of Asheville, in the County of Buncombe and State of North Carolina, on the west side of South Main Street adjoining the lands of John B. Shope, Ruben Youngblood and others, where he now lives.
Fifth:

Should there be any thing remaining of estate, either personal or real, after fully paying off all debts and legacies as herein before mentioned and directed by me, it is my will and desire that my Executor, hereinafter named, shall reduce the same to money, either by public or private sale as he may deem best, and after deducting all necessary costs and expenses incurred by reason of the same and settlement of my estate under and by virture [sic] of this will, he shall equally divide the same between all of my said children, excepting only my said grandson J. B. Frady, who shall not be entitled to any part of the same.
Sixth:

I hereby constitute and appoint my worthy and trusty friend M. Joseph Bearden of the City of Asheville, County of Buncombe and State of North Carolina, my lawful executor to all intents and purposes to execute this my last will and testament, according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

In witness whereof I have hereunto set my hand and affixed me seal on this the 12th day of April, A. D. 1895.

John his X mark Frady {Seal}

Signed, Sealed, published and declared by said John Frady, the testator 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, have hereunto subscribed our names as witnesses.

W. A. Israel
John B. Shope
Samuel H. Reed

State of North Carolina}
Buncombe County}
SS In the Superior
Court

A paper purporting to be the Last Will and Testament of John Frady deceased, is exhibited before me, the undersigned, Clerk of Court for said County, by M. Joseph Bearden the executor therein mentioned, and the due execution thereof by the said John Fraday [sic] by the oath and examination of J. B. Shope and W. A. Iseral [sic] two of the subscribing witnesses thereto: who being duly sworn doth depose and say and each for himself deposeth and saith, that he is subscribing witness to the paper-writing now shown him purporting to be the last will and testament of John Fraday [sic], that the same John Fraday [sic] in the presence of this deponent, subscribed his name at the end of said paper-writing which now shown as aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper-writing as subscribed by him and exhibited to be his Last Will and Testament, and this deponent there upon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of the said testator, and this deponent further saith [sic], that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said John Frady was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent; and further these deponents say not.

John B. Shope {Seal}
W. A. Israel {Seal}

Severally sworn and subscribed the 29th day of July 1895 before me.

J. L. Cathey CSC

North Carolina}
Buncombe County}

upon reading and filing the foregoing proof and affidavits it is adjudged that the foregoing paper writing and every part thereof is the last will and testament of John Frady, and the same is entered to be recorded and filed. This July 29th 1895; J. L. Cathey C.S.C

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