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Currituck County Wills
Nov. 11, 1850 - no date on probate but Joseph died July 22, 1854 according to his tombstone
State of N. Carolina}
Currituck County }
I Joseph BAUM of the County and State aforesaid being in good health of sound disposing mind and memory -- Being desirous to settle my worldly affairs do make and ordain this to be my last will and testament hereby revoking and making void all former wills by me at any time heretofore made --
First I hereby constitute and appoint my two sons Jacob and Josephus BAUM my sole executors of this my last will and testament and require them first to pay all my just debts out of the money or other personal property on hand at my death.
Secondly I give and bequeath unto my wife Elizabeth BAUM for and during her natural life all the houses and land whereon I now live. Beginning at the mouth of Violetts Creek and my north pasture fence running from sea to sound, thence running southwardly taking all the land that I own on the Beach down to the old field to Willis GALLOPs deceased line, and all my Islands of marsh from Peters Creek to the south end of the marshes and after her death I give and bequeath the said houses lands and islands of marsh unto my youngest son Josephus BAUM to him and his heirs and if he should die with out leaving children living at his death then I give the said houses lands and islands of marsh to my son Jacob BAUM and his heirs, and should he die without children living at his death then and in that case I give and bequeath the said houses lands and islands of marsh unto my four daughters, namely Lavinia, Mary & Elizabeth BAUM and Chloe WHITE (wife of Jasper WHITE), to them and their heirs forever.
Thirdly I give and bequeath unto my son Abraham BAUM five hard dollars and no more to him and his heirs forever to be paid out of my estate by my executors heretofore named.
Item the fourth I give and bequeath unto my son Jacob BAUM to him and his heirs all my lands which I own to the north of the old house creek up to the north end of Peters Quarter Beach, it being the lands I bought of Jesse HOBBS and if he should die without leaving children living at his death then I give the said land and every part thereof unto my son Josephus BAUM and his heirs and if he should died without leaving children living at his death then and in that case I give and bequeath the said land and premises unto my four daughters namely Lavina, Mary & Elizabeth BAUM and Chloe WHITE to them and their heirs for ever.
Fifthly I give and bequeath unto my two sons, Jacob and Josephus BAUM, all my land lying between Beasleys Beach and the old house creek together with all my islands of marsh lying to the north of Peters Creek to the north end of Hog Island, also one hundred acres of Beach land which I purchases of Caleb DOUDY and Samuel COOPER--a reference to the deeds from said DOUDY & COOPER will more fully appear, it being the land where on my son Abraham BAUM now lives, to them and their heirs forever, share and share alike.
Sixthly I give and bequeath unto my beloved wife Elizabeth BAUM and my four daughters Lavinia, Mary and Elizabeth BAUM and Chloe WHITE, all of my stock of horses, cattle, sheep and hogs all of my boats flatts canoes seine nets with all the house hould and kitchen furniture all of my money notes and bonds on hand at my death to be equally divided between them my said wife Elizabeth and my four daughters namely Lavinia, Mary & Elizabeth BAUM and Chloe WHITE or the survivors of them to the entire exclusion of my three sons namely Abraham, Jacob & Josephus BAUM except my sale boat called Josephus and my sailing canoe.
Seventhly I lend unto my wife Elizabeth BAUM during her natural life one negro man by the name of Isaac and one sail boat called Josephus and at her death I give and bequeath said negro man Isaac and said boat Josephus to my four daughters namely Lavenia, Mary & Elizabeth BAUM and Chloe WHITE or the the survivors of them to the entire exclusion of my three sons namely Abraham, Jacob & Josephus BAUM.
Eighthly I give unto my wife Elizabeth BAUM and my four daughters namely Lavina, Mary and Elizabeth BAUM and Chloe WHITE the following negroes, Viz: man George, woman Tabley?, and woman Affy, and girl Margaret and also the increase of said slaves if any to them or the survivors of them to the entire exclusion of my three sons namely Abraham, Jacob and Josephus.
Ninthly I give and bequeath unto my daughter Elizabeth BAUM one small negro boy named James and should my daughter Elizabeth die without children then and in that case I give and bequeath said negro boy James to my wife Elizabeth and my daughters Lavinia, Mary BAUM and Chloe WHITE to them and their heirs for ever to the entire exclusion of my three sons Abraham, Jacob & Josephus. It is my will and desire and I hereby authorize and require my executors heretofore named to sell all my lands on the main to wit one tract by the name of GRIGGS tract containing sixty two acres and the money ensuing from said sale which sale must take place as soon as convenient after my death I wish and will to be equally divided between my said wife Elizabeth BAUM and my sons Jacob and Josephus and my daughters Lavinia, Mary, Elizabeth and Chloe WHITE or the survivor or survivors of them.
Item I give and bequeath unto my son Josephus BAUM my sailing canoe to his and his heirs for ever.
In witness whereof I the said Joseph BAUM do here unto set my hand and seal this the 11th day of November A.D. 1850
/s/ Joseph BAUM Seal
Signed Sealed Published & declared in Presence of
Joseph BAUM & Jacob BAUM & Elizabeth BAUM SENR. Lavenia [next several words crossed thru and hard to read], Jasper WHITE & wife Chloe & Mary BAUM by her next friend Josephus BAUM & Elizabeth BAUM the younger.
Abram BAUM -- Issue to try whether the paper entry in the following words letters and figures to wit, be the last will and testament of Joseph BAUM dec'd, said Abram BAUM comes into court and accepts services and thereupon the following jury, viz: Thos. AYDELOT, Peter PARKER, C. WHITE, David MORSE?, Saml. OWENS, W. FENTRESS, Jno. F. WHITHEAD, Caleb WHITE, Sandford POYNER, Hillery SIMMONS, S.E. DOXEY & Joseph BEN___ be empanneled & sworn to try said issue or find said paper writing to be a certain last will and testament of said Joseph BAUM & executed in due form to _____ & personal estate. On motion it ordered to be admitted to probate and to be recorded. At the same time the executors appeared and qualified thereto. Let the Court be paid by the executors out of the funds of the estate,
J.W. BAXTER CCC
Recorded in Book No. 4; Pages 186, 7 & 8
[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]
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