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Currituck County Wills

Avery J. Austin
April 2, 1894 - Nov. 21, 1902
(no probate was attached to the will but was found in the estates records)

   County of Currituck    }
State of North Carolina  }

Know all men by these presents that I Avery J. AUSTIN of the county and state above written do hereby make my last will and testament in the interest of and for the benefit of my beloved wife Martha AUSTIN to whom I hereby bequeath all my property both real estate and personal property including lands, houses, boats, horses, house furniture, and all property that I may be in possession of at my death.  I do hereby bequeath it all to her without any reserve to use as she may direct to the exclusion of all other persons and I also desire that the said Martha AUSTIN be appointed to administer on said estate and request that no bond be required of her for the execution thereof.  In witness whereof I do hereby set my hand and seal this the 2nd day of April A.D. 1894
     /s/ A.J. AUSTIN    Seal

Witness
     Thomas HARRIS
     J.B. OWENS

APPLICATION FOR LETTERS OF ADMINISTRATION

State of North Carolina    }    In the matter of the administration of the estate of A.J. AUSTIN, dec'd.
    Currituck County         }    Before E.W. ANSELL, C.S.C.
    Martha AUSTIN being sworn, doth say: That A.J. AUSTIN late of said County, is dead, leaving a last will and testament; and that Martha AUSTIN is the proper person entitled to Letters of Administration on the estate of the said A.J. AUSTIN, there being no executor appointed in said will.  The said Martha AUSTIN therefore applies for letters of administration with the will annexed on the estate of the said A.J. AUSTIN.  Further, that the value of said estate so far as can be ascertained at the date of this application, is about $200.00 and Martha AUSTIN, Powells Point, is entitled as heir and distributee thereof.
     /s/ Martha [her x mark] AUSTIN

Sworn and subscribed before me, the 21st day of Nov. 1902
     /s/ E.W. ANSELL, C.S.C.

State of North Carolina    }    In the Superior Court
Currituck County             }
    A paper writing purporting to be the last will and testament of A.J. AUSTIN, deceased, is exhibited in open court by Martha AUSTIN, the widow of said A.J. AUSTIN, dec'd.; and it is thereupon proved by the oath and examination of M.L. SANDERLIN and P.D. BEALS, that J.B. OWENS one of the subscribing witnesses thereto is dead.  And it is further proved by the oath and examination of the said M.L. SANDERLIN and P.D. BEALS that he is well acquainted with the handwriting of the said J.B. OWENS having often seen him write, and that the name of the said J.B. OWENS subscribed as a witness to the said will, is in the handwriting of the said J.B. OWENS and it is also proved by the oath and examination of M.L. SANDERLIN & P.D. BEALS that the name of the said A.J. AUSTIN subscribed as testator is in the handwriting of the said A.J. AUSTIN.  It is therefore considered by the court that the said paper writing, and every part thereof is the last will and testament of the said [nothing written in] and the same is ordered to be recorded and filed.
    /s/ M.L. SANDERLIN
    /s/ P.D. BEALS

Sworn and subscribed before me, this 21st day of Nov. 1902
     /s/ E.W. ANSELL, C.S.C.

OATH OF ADMINISTRATOR

State of North Carolina    }    SS. In the Superior Court
Currituck County             }

I, Martha AUSTIN, do solemnly swear (or affirm) that I believe that A.J. AUSTIN died leaving a last will and testament; and that I will well and truly administer all and singular the Good and Chattels, Rights and Credits of the said A.J. AUSTIN, a a true and perfect inventory thereof return as provided by law; and that all other duties appertaining to the charge reposed in me I will faithfully and honestly perform with the best of my skill and ability.  So help me GOD.
     /s/ Martha [x] AUSTIN

Sworn and subscribed before me, this 21st day of Nov. 1902
     /s/ E.W. ANSELL, CSC

[Source for will:  Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse (Microfilm G.030.1548672)]
[Source for probate: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]

This will was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

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2005 Kay Midgett Sheppard