Return to Currituck Co.
Currituck County Wills
August 10, 1885 - no probate attached with the will but found in his estate folder and dated 1888
State of North Carolina }
County of Currituck }
Township Poplar Branch }
In the name of God, Amen. I Abraham BAUM in Poplar Branch Township in the county of Currituck and State of North Carolina being of sound mind and memory (blessed be God for the same) do make and publish this my last will and testament hereby revoking all other wills.
First - I give and bequeath unto my beloved wife Polly the farm on which I now reside known as the home tract and the twenty seven acres knows as the Balanga land containing two hundred acres more or less (the two combined) of high land and one hundred and thirty acres of swamp land. To have and to hold the same with all of the appurtenances thereunto belonging to her for and during her natural life and after her death to her four children, Thomas, Alaxena, Patsey and Jacob. I also give and bequeath to my wife Polly one horse, three cows and calves, ten head of sheep, all of my farming utensils, household and kitchen furniture forever.
Second - I give and bequeath to my wife's son Thomas one fourth part of the above named land on the south side including the Balanga land to have and to hold in fee simple forever after the death of my wife Polly.
Third - I give and bequeath to my wife's daughter Alexena one fourth part of the before mentioned land to have and to hold during her natural life and after her death to her children if any forever but in case she should die and leave no child, then her part which is one fourth of said land shall be equally divided between Thomas, Jacob and Patsey, her brothers and sister to them their heirs and assigns in fee simple forever.
Fourth - I give and bequeath to my wife's daughter Patsey one fourth part of said land lying next to her sister Alexena's share, hers being the third share from the south side.
Fifth - I give and bequeath to my wife's son Jacob one fourth part of the above named land lying on the north side and containing the dwelling house and all out buildings.
Sixth - I give and bequeath to my daughter Mary Jane HAMPTON the tract of land on which she now resides known as the Oneal tract during her natural life and then to her children by Mason HAMPTON in fee simple forever.
Seventh - I give to my son Edward BAUM the Parker's Creak farm.
Eighth - I give to my two daughters Amelia Ann DUNTON and Louisa McHARNEY the store and lot and all other appurtenances thereunto belonging. My saw mill, griss and all of the mechenry thereunto belonging I leave to be sold at public auction and the proceeds of said sale to be applied to the discharge of a debt of two hundred dollars and fifty cents due James M. WOODHOUSE for which he holds my note secured by a mortgage on the land bequeathed to my wife Polly and her four children. After paying said debt and interest thereon the balance of the proceeds if any from said sale I give and bequeath to my two daughters Amelia Ann DUNTON and Louisa McHARNEY to be equally divided between them.
Ninth - I give and bequeath to my three grandchildren , viz - Lilly BARTON, Edgar GALLOP and John GALLOP, two hundred dollars in cash to each one of them to be raised from the sale of my chattel property, viz - live stock, notes and accounts or any property not herein bequeathed but in case there can not be found enough to raise six hundred dollars after paying my just debts then let the amount whatever if may be, be equally divided between the three. After paying all the bequests herein named and all of my just and honest debts, the residue if any I give and bequeath to my two daughters Amelia Ann & Louisa. I hereby however retain all rights and controll over the property herein bequeathed during my natural life to use or dispose of at will.
In testamony whereof I hereunto set my hand and seal and publish and decree this to be my last will and testament in presence of the witnesses named below this the tenth day of August in the year of our Lord one thousand eight hundred and eighty five (Aug 10th day A.D. 1885)
/s/ A. BAUM Seal
Signed, sealed, declared and published by the said Abraham BAUM as and for his last will and testament in presence of us, who at his request and in his presence, and in presence of each other have subscribed our names as witnesses hereto.
James F. GARRENTON
Thomas D. AYDELOTT
John MERCER of Poplar Branch
Also both of us reside near Poplar Branch Church in the County of Currituck at this time Aug 10th 1885.
PROBATE OF WILL
State of North Carolina} SS. In the Superior Court
Currituck County }
A paper writing purporting to be the last will and testament of A. BAUM, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by John DUNTON and the due execution thereof by the said A. BAUM, is proven by the oath and examination of Thomas D. AYDLETT and John MERCER the subscribing witnesses thereto who being duly sworn, doth depose and say, and each 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 A. BAUM and that the said A. BAUM in the presence of this deponent subscribed his name at the end of said paper-writing which is now shown as aforesaid and bears date of the 10th day of August 1885.
And the deponent further saith, that the said A. BAUM the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited by his last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto as aforesaid, and the said Edmund C. WILLIAMS was of sound mind and memory, of full age to execute a will, and not under any restraint to their knowledge information or belief of this deponent: And further these deponents say not.
Thomas D. AYDELOTT Seal
John MERCER Seal
Severally sworn and subscribed this 6th day of August 1888 before me
/s/ H.B. ANSELL, Clerk Superior Court
ORDER FOR PROBATE OF WILL
State of North Carolina } In Superior Court Before H.B. ANSELL, Clerk
Currituck County } In Re Estate of A. BAUM, deceased
A paper writing purporting to be the last will and testament of A. BAUM, dec'd., is exhibited in open court for probate by John DUNTON, no executor therein named; and the due execution thereof by the said A. BAUM dec'd. is duly proven by the oath and examination of Thomas D. AYDLOTT and John MERCER, subscribing witnesses thereto: and it is further shown to the satisfaction of the Court by said witnesses that the said A. BAUM 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 and testament of A. BAUM, dec'd. And on motion it is ordered that said will be admitted to probate and recorded in the Book of Wills of Currituck County as such filed as provided by law in the office of Clerk of Superior Court of said County.
Dated this 6th day of August 1888
/s/ H.B. ANSELL, Clerk Superior Court
[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!
© 2005 Kay Midgett Sheppard