HomeMy WebLinkAboutSW3220701_Property Deed (Davis)_202208046462
0495
NORTH CAROLINA
QUIT CLAIM DEED
Excise Tax: None (Transfer into trust where
Grantor is settlor, trustee, and primary beneficiary)
Tax Map No.
FILED
UNION COUNTY, NC
CRYSTAL CRUMP
REGISTER OF DEEDS
FILED Jun 10, 2015
AT 09:33 am
BOOK 06462
START PAGE 0495
END PAGE 0502
INSTRUMENT # 16941
EXCISE TAX (None)
AM
Recording Time, Book and Page
Parcel identifier No. 05117006 & 05090001 C
Mail after recording to: Daniel S. Davis, Jr., and Jeannette W. Davis, 2706 Foxfire Road, Charlotte, NC 28226
This instrument was prepared by: John R. Potter, 15720 John J. Delaney Dr., Ste. 300, Charlotte, NC 28277 (no title
search)
THIS DEED made this Ah day of July, 2014, by and between
GRANTOR
DANIEL S. DAVIS, JR.
2706 Foxfire Road, Charlotte, NC 28270
GRANTEE
DANIEL S. DAVIS JR. and JEANNETTE W. DAVIS, Trustees of the DANIEL SHAW DAVIS TRUST OF 2011, dated
February 2, 2011
2706 Foxfire Road, Charlotte, NC 28270
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does remise, release, and quit claim unto the Grantee in fee simple, all right, title,
and interest which the Grantor now owns in the following described real estate in Union County, North Carolina:
FIRST TRACT:
BEGINNING at a stone on Crow Branch, the old corner and runs N. S5 W. 18.19 chains to a stone in a
field; thence S. 50 % deg. West 8.22 chs. to a stone; thence N. 25'/z Deg. W. 55'/4 links to a stone by two
willows; thence with the old line, N. 21 '/z W. 57.17 chs. to a stone; thence N. 36'/4 W. 5.08 chs. to a
black oak on side of the Cureton Stone Road; thence with said road N. 51 deg. E. 6.23 chs; thence N. 71
'/i E. 8.30 chs. to a point in the center of the road; thence with the old line S. I I deg. E. 25.21 chs. to a
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stone, the old corner; thence a new line S. 36 '/4 E. 52 chs. to a point in Crow Branch; thence with said
branch 4 chs. to the BEGINNING, and containing eighty-eight (88) acres, more or less, and being Tract
No. 1 of the Maggie E. Davis property as subdivided by Ralph W. Elliott, County Surveyor, August 28,
1939,
SECOND TRACT:
BEGINNING at a stone, an old corner on a line of the Sims property, and running thence with said Sims
property, North 60 deg. 30 min. E. 877 feet to a stone, another old corner; thence with the D. S. David
property line and about with a prong of Strickland Branch S. 89 deg. E. 105.6 feet to an iron stake; thence
with the W. T. Norwood property line S. 46 E. 346.5 feet to an iron stake on the West side of an old mill
road; thence with another line of said Norwood property, S. 9 deg. W. 225 feet to an iron stake, a new
corner on said line; thence along and with the agreed division line S. 69 deg. W. 765 feet to an iron stake
on a line of the Clara Stack lands; thence with said Stack property line N. 50 deg. 35 min. W. 483 feet to
the BEGINNING corner and containing 10.65 acres of land as surveyed by Ralph W. Elliott, Surveyor,
on August 2, 1955 and shown upon a plat of said lands as made by said Surveyor on said date. The
above being a new survey of the Second Tract as contained in deed recorded in Deed Book 71, page 475,
Union County Registry.
THIRD TRACT:
Being all of that tract of land, lying and being in .Jackson Township, Union County, North Carolina,
containing 28 6/10 acres, more or less, as shown in deed recorded in Book 61, page 34, Union County
Registry, to which reference is hereby made for a more particular description.
LESS, SAVING, RESERVING, AND EXCEPTING from the above described 28 6/10 acre tract of land
a 2 % acre tract conveyed by deed from L. M. Riner and wife, to A. B. McManus, Said deed being dated
October 23, 1919, and recorded in Book 57, page 268, Union County Registry.
FIFTH TRACT:
BEGINNING at an iron on the eastern edge of North Providence Street in the Town of Waxhaw, North
Carolina, a corner of the Otho Plyler property, and running thence with North Providence Street, N. 5
deg. W. 90 feet to an iron stake, southwest corner of Frances Davis Thompson property, and running
with said Thompson property line, North 85 deg. East 210 feet to an iron stake on a line of the D. S.
Davis, deceased estate lands; thence running with the line of said D. S. Davis, deceased, estate lands, S. 5
deg. E. 90 feet to an iron stake, northeast corner of Otho Plyler property; thence with said Otho Plyler
property line, South 85 deg. West 210 feet to the point of BEGINNING, as surveyed by Ralph W. Elliott,
R.L.S., December 15, 1967. Being a portion of that property contained in deed recorded in Deed Book
235, page 595, Union County Registry.
AI I or a portion of the property hereinabove described was acquired by MARY GRAY DAVIS JENI'Es by instrument recorded in
Book 282, Page 397, Union County Registry. A portion of the property hereinabove described was inherited by DANIEL S.
DAVIS, JR. by Will upon the death of MARY GRAY DAVIS JENTES, such Will filed at ' S Eas,a (l.,i-- C,4-
A map showing the above described property is recorded in Plat Cabinet File and referenced within this instrument.
The above described property ❑ does M does not include the primary residence of the Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all rights, privileges, appurtenances, and improvements
thereto belonging in anywise to the Grantee, without covenants of warranty.
Title to the property hereinabove described is conveyed subject to all restrictions, reservations, easements, and other
matters previously imposed and appearing of record.
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IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seats, the day and year first
above written.
'6' V (SEAL)
DANIEL S. DAVIS, M
(SEAL)
W. DAVIS
STATE OF NORTH CAROLINA )
SS
COUNTY OF MECKLENBURG )
I, John R. Potter, certify that DANIEL SIIAW DAVIS, JPL and ,IEANNET'IB w. DAVIS personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal on this July.13, 2014.
3.0
My Commission Expires: 12/10/17
Lary Public
Notary Public
North Carollna
Union County
w
6+482
0498 1.��O�wt]
CERTIFICATE TO COPIES
28 U &C. See.1738
The State of Ohio)
PROBATE COURT
Stark County, ss)
I, DIXIE PARK, Judge and Ex-Ofiflcio Clerk of the Probate Court, within and for said County, having the custody
of the Files, Journals and Records of said Court, as by the laws of the State of Ohio provided, do hereby certify that the
foregoing is a true and correct copy of
LAST WILL AND TESTAMENT, APPLICATION TO PROBATE WILL, ENTRY ADMM-ING WILL TO PROBATE OF
MARY GRAY DAVIS JENTES, CASE NO.126I61.
as the same appears upon the records of said Court, and I further certify that I have carefully compared the foregoing copy
with the original record and that the same is a full and correct transcript thereof.
The State of Ohio)
PROBATE COURT
Stark County, ss)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Court, at Canton, Ohio, this _18111 _ day of EEMARY , 2215 .
HON. DIXIE PARK
PROBATE JUDGE AND EX OFFICIO CLERK
I, DIXIE PARK, sole Judge of the Probate Court within and for said County and State, the same being a Court of
law and of record do hereby certify that DIXIE PARK, whose genuine signaure is attached to the foregoing certificate, is
and was at the time of signing the same, Ex-Officio Clerk of said Probate Court, and as such, full faith and credit are due her
acts, and that the above certificate and attestation are in due form of law, and made by the proper officer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said Court, at Canton, Ohio, this 18TH day of FEBRUARY - 2015
HON. DIXIE PARK
PROBATE JUDGE AND EX OFFICIO CLERK
� 6 G2 EWJ:cm 1/10/SS
• ti996
CL U:d.
LAST WILL AND TESTAMENT
OF
MARY GRAY DAVIS MTES
is MARY GRAY DAvIS JENTES, of Massillon, Stark County, Ohio, being
of full age and of sound and disposing mind and memory, do make,
publish and declare this to be my lust Will and Testament, hereby
revoking all wills by me heretofore made.
ITEM I. I direct that all of my just debts and funeral
expenses be paid out of my estate as soon as
practicable after the time of my decease. I further direct
that all estate, inheritance, succession and other death
taxes which shall become payable by reason of my death,
whether in respect of property passing under this Will or
otherwise (exclusive of any tax imposed as a result of any
generation --skipping transfer under Chapter 13 of the Internal
Revenue Code of 1954, as amended, or a corresponding provision
of state lain) shall be paid out of my estate as an administra-
tion expense, without apportionment.
ITEM II: I give and bequeath to BEN R. BURTr III,
of Glenmont, Ohio, 49.9 sham of stock in
the Windjammer Motel, Inc., immediately upon my death.
ITEM III: All of the remainder of my shares of stock
in the Windjammer Motel, Inc., I give and
bequeath to PRANCES KITCHIN of Rockingham, North Carolina.
and DANIEL S. DAVIS, Jr., of Charlotte, North Carolina,
as Co -Trustees, to hold and manage for the following
purposes:
(a) Said Trustees shall continue to operate the motel
for a period of at least five years after my death
or for such longer period as the Trustees, in their dis-
cretion, may deem desirable.
(b) During the period of the operation of the motel,
the ret income derived from the trust, and upon
the sale of the motel or upon the discontinuance of the
operation of the motel, the trust corpus shall be distributed
to the following persons in equal shares or to their lineal
descendants per stirpes.-
SARAH LEE PATRICK MCCRAY;
DANIEL S. DAVIS, JR.;
RICHARD T. DAVIS;
MARY JANE COLLINS;
THOMAS JEFFERSON DAVIS;
PRANCES DAVIS KITCHIN, and
PRANCES DAVIS THOMPSON.
ITEM IC: I hereby exercise the power of appointment
granted to me in ITEM II of.the bast Will and
Testament of my deceased husband, Robert H. Jentes, dated
November 20, 1973, and accordingly giver devise and bequeath
the remaining principal and accumulated income in the Mary
Gray Davis Jentea Marital Deduction Trust established in said
Will and being held by the First National Bank in Massillon,
Massillon, Ohio, Trustee, to the following in equal proportions,
if living, otherwise to their lineal descendants; per stirpes:
my nephews and nieces, DANIEL S. DAVIS, JR., RICHARD T. DAVIS,
MARY JANE COLLINS, THOMAS JEFFERSON DAVIS and PRANCES DAVIS
KITCHIN, and to my sister, FRANCES DAVIS THOMPSON.
C
5EO510
%NO$
ITEM V: I devise my home located at 1256 Lennox N.R.,
Massillon, Ohio, to my niece, FRANCES DAVIS
KITCHIN.
ITEM VI: All the rest, residue and remainder of my
estate, real, personal and mixed, of which I
may die seized or possessed, I give, devise and bequeath
equally to the following or to their Lineal descendants per
stirpes: my nephews and nieces, DANZEL S. DAVIS, JR.,
RICHARD T. DAVIS, MARY J'ANE COLLINS, THOMA5 JEFVERSON DAVIS
and l'1lMCES DAVIS XITCHIN.
ITEM VII: I nominate and appoint EDGAR W. JONES, of
Canton, Ohio, to be the Executor of this
my Last Will and Testament, hereby authorizing and empower-
ing my said Executor to compound, compromise, settle and
adjust all claims and demands which may be presented against
my estate, or which may be due to my estates and to sell at
private or public sale, lease or exchange, at such prices
and upon such terms of credit or otherwise as he may deem
best, the whole or any part of my zeal or personal property;
and to execute, acknowledge and deliver deeds or other
proper instruments of conveyance thereof to the purchaser or
purchasers, all without license or leave of court. In
connection with the sale of any real estate, I authorize my
Executor to employ real estate brokers and to pay them
standard commissions for their services. I request that no
bond be required of my said Executor.
IN WITNESS MIEREOF, I ha hereunto set my hand at Canton, Ohio,
this �day of , 1985.
The foregoing instrument was signed by the said Mary Gray Davis Je
in our presence, and by her published and declared as and .for her
Last Will and Testament, at her request and in her presencd and
in the presence of each other, we hereunto sub"
ibe our names as
attes ng witnesbd
aaz�
this v? 9 tt day of , 1985.
1 residing at-/
xd;t-�- residing at
P P L E 0 1)
A`t.0 6, 1986 FT
r;. r,. DNNY cLUNrc
PROWS JUC�Gg
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PROBATE COURT OF STARK COUNTY, OHIO
ISE0510
ESTATE OF , MARY QR&Y DAVIS IENTE� _ ._ DECEASED
Case No. %f % Docket Page b
APPLICATION TO PROBATE WILL
Applicant says that decedent died on August 4, 1§86
Decedent's domicile was 1256 Lennox Ave. N. E,
treo x4drals
Massillon Stark
riry- or V1113tra. or Towninip it unincomerateg area County
Ohio 44646
Post Offics T3A10D Ode
A document purporting to be decedent's Will is at"ached and offered far probate.
Attached is a list of the surviving spouse, next of kin, legatees and devisees known to applicant, which list
includes those persons entitled to notice of the hearing on this application.
624 Market: Avenue North 6Z4 Market hyenue North
ARMS Adam$
Canton, Ohio 44702 Canton, Ohio 44702
(216) 456-2492. (216) 456-2491.
Wang Number tInciu6s Tres C a One N uWSW r n u do area T 9
WAIVER OF NOTICE OF HEARING ON PROBATE OF WILL
The undersigned, being persons entitled to notice of the bearing on the above application, hereby waive such
notice.
NONE RESIDENT OF OHIO
IN
11'•., 19
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s,EiCn ?t.ri'' REC. VOL pad/l
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FORM 2.0 • APPLICATION 70 PROBATE WILL
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ENTRY SETTING HEARING AND ORDERING NOTICE
The Court sets _, at _ o'clock _ M.
as the date and time I'or hearing the application to probate decedent's Will. The Court orders notice of the hearing
to be given, as provided by law and the Rules of Civil Procedure, to those persons entitled to notice who have not
waived notice.
Data ! • u- r-«---y-- iF7obate Judie
Estate of 14ary Gray Davis Jentes Case No. 126161 Docket 111 Page 6
ENTRY ADMITTING,I LL TO PRUATE
1.,
The Court finds that the persons required to be notified of the hearing on the application to probate
decedent's Will were duly notified or waived notice. The Court further finds that the purported Will of decedent,
either on its face or from the testimony of the witnesses, complies with the applicable law. It is therefore admitted
to probate. and ordered recorded.
August , 1986
Date Probate Judi
1�
AMh