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Currituck County Wills

Thomas Barrett
August 20, 1906 - Mar. 12, 1909
(no probate was attached to the will but was found in the estate records)

  North Carolina  }
Currituck County}

I Thomas BARRETT of Powells Point of the County and State aforesaid, being of sound mind and memory.  But considering the uncertainty of my earthly existence do make and declare this my last will and testament in the manner and form following.  That is to say --

First - That my executor herein after named shall provide for my body a decent burial and pay all funeral expenses together with my just debts, howsoever and to whomsoever owing out of the money that shall first come unto his hands as a part or parcel of my estate.

Item 1st - I give and bequeath unto Thomas B. SCOTT a certain tract or parcel of land bounded as follows beginning at H.W. SWAIN's line at the north east corner.  Thence a southerly course binding the land of H.W. SWAIN to Abner GIBSON's line.  Thence a westwardly course binding the lands of Abner GIBSON and running parralell with the big ditch a cross the road a straight line to the swamp.  Thence a northwardly course binding said swamp to the lands of James THOMAS deceased heirs.  Thence an eastwardly course binding the lands of the said THOMAS heirs and W.S. NEWBERN, JR. to the first station and generally known as the little field.  To have and to hold to him and his heirs in fee simple forever.

Item 2 - I give and bequeath unto Julia A. SCOTT the farm where I now reside and known as my homestead and bounded as follows beginning on the main road at the line that I have bequeathed in the above item to Thomas B. SCOTT.  Thence a southerly course binding the said main road to S.J. SCOTT's line.  Thence a westwardly course binding the lands of the said S.J. SCOTT to the swamp.  Thence a northerly course binding said swamp to the lands above bequeathed to the said Thomas B. SCOTT.  Thence an eastwardly course to the main road and the first station.  To have and to hold to her and her heirs in fee simple forever.

Item 3rd - I give and bequeath unto Julia A. SCOTT three beds of her choice and one milk cow to be hers and at her disposal absolutely forever.

Item 4th - I give and bequeath unto Thomas B. SCOTT three beds and the sum of two hundred and fifty dollars to be his and at his disposal absolutely forever.

Item 5th - Then it is my will that the remainder of my personal estate mixed or of what nature or wheresoever the same may be at the time of my death to be sold by my executor and the proceeds of the same after the expenses of the sale have been paid together with all money that may be found not otherwise disposed of in this my last will shall be paid to Julia A. SCOTT by my executor to be hers and at her disposal absolutely forever.

Item 6th - And lastly I do hereby constitute and appoint my trusty friend Richard ETHERIDGE 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.  Witness whereof I the said Thomas BARRETT, do hereunto set my hand and seal.  Sealed this 20th day of Aug. 1906.
     /s/ Thomas [his x mark] BARRETT    Seal

Signed seal and published and declared by the said Thomas BARRETT to be his last will and testament in the presents of us, and who at his request and in his presents do subscribe our names as witnesses thereto.
W.L. OWENS
H.R. BARCO

APPLICATION FOR LETTERS OF ADMINISTRATION

State of North Carolina    }    In the matter of the will of Thomas BARRETT, dec'd.
    Currituck County         }    Before E.W. ANSELL, Clerk Superior Court.
    Richard ETHERIDGE being sworn, doth say: That Thomas BARRETT late of said County, is dead, having first made and published his last will and testament; and that Richard is the executor named therein.  Further, that the property of the said Thomas BARRETT consisting of 1 horse, 1 buggy, hogs, 1 cow, corn, fodder & money, notes & due bill is worth about $1050.00 so far as can be ascertained at the date of this application and that Thomas SCOTT and Julia A. SCOTT, Powells Point, minors without guardian, are the parties entitled under said will to the said property
     /s/ Richard ETHERIDGE

Sworn and subscribed before me, the 12th day of March 1909
     /s/ E.W. ANSELL, C.S.C.

EXECUTOR'S OATH

State of North Carolina}
      [blank] County       }
I, Richard ETHERIDGE, do solemnly swear that I believe this paper writing to be and contain the last will and testament of Thomas BARRETT and that I will well and truly execute the same by first paying his debts and then his legacies so far as the said estate shall extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability.  So help me God.
     /s/ Richard ETHERIDGE

Subscribed and sworn before me, this 12th day of March 1909
     /s/ E.W. ANSELL, CSC

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of Thomas BARRETT, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Richard ETHERIDGE the executor  therein mentioned, and the due execution thereof by the said Thomas BARRETT is proved by the oath and examination of W.L. OWENS and H.R. BARCO the subscribing witnesses thereto, who, being duly sworn, doth depose and say, for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Thomas BARRETT that the said Thomas BARRETT in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears day of the 20th day of Aug 1906.
     And the deponent further saith, that the said Thomas BARRETT the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited, to be his last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator.  And this deponent further saith, 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 Thomas BARRETT 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.
     /s/ W.L. OWENS      Seal
    /s/ H.R. BARCO        Seal

Severally sworn and subscribed this 5th day of April 1909 before me
    /s/ E.W. ANSELL, Clerk Superior Court

ORDER FOR PROBATE OF WILL

  North Carolina    }    In Superior Court before E.W. ANSELL, Clerk
Currituck County  }    In re Estate of Thomas BARRETT, deceased
     A paper writing purporting to be the last will and testament of Thomas BARRETT, decd., is exhibited in open court for probate by Richard ETHERIDGE, executor therein named, and the due execution thereof by the said Thomas BARRETT, decd., having been duly proven by the oath and examination of W.L. OWENS and H.R. BARCO, subscribing witnesses thereto, and it is then shown to the satisfaction of the Court by said witnesses that the said Thomas BARRETT was at the time of making said will of sound mind and memory, of full age to execute a will, and under no restraint to their knowledge, information or belief.
    It is thereupon considered, adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last will & testament of Thomas BARRETT, decd.  It is therefore ordered that said will be admitted to probate and recorded in the Book of Wills of Currituck County and as such filed as provided by law in the office of Clerk of the Superior Court of said county.
    It is further adjudged that said [blank] is a suitable person to act as Executor and that he be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.
Dated this the 5th day of April 1909
     /s/ E.W. ANSELL, Clerk of Superior Court

W.T. GRIGGS having qualified as executor as aforesaid.  Let Letters Testamentary issue accordingly.  This 3rd day of Oct. 1910.
    /s/ E.W. ANSELL, CSC

FINAL ACCOUNT

26 May 1911 - Final Account of Richard ETHERIDGE, executor of the estate of Thomas BARRETT, deceased.  Mentions paid C.B. MASON for grave stones, C.A. PERKINS for casket and burial, Dr. W.T. GRIGGS for professional services, and other payments to various people.  Also paid Thomas SCOTT $250.00 which was his share in the estate of Thomas BARRETT as per said will.  Amount due the estate is $1187.23.
    /s/ Richard ETHERIDGE, Executor

[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