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Currituck County Wills

 Josephus Baum
Mar. 27, 1912 - Nov. 8, 1912 (1st Codicil) - Jan. 6, 1913 (2nd Codicil) - Oct. 7, 1913 (Probate)
[The Currituck will books are no longer in the courthouse but have been sent to the Archives in Raleigh.  Currently they only have wills in envelopes dating from about 1900 or even later filed in metal drawers.  This will was in the first drawer of loose wills.

State of North Carolina Currituck County

I Josephus BAUM of the County of Currituck and State of North Carolina, being of sound mind and disposing memory considering the uncertainty of life, do make this my last will and testament, in manner as follows:

First. I direct that my body be decently buried in a manner corresponding to my estate and position in life in my family burying ground at the Whitehall Farm.

Second. I direct that my executors hereinafter named shall as soon as convenient after my death pay all of my debts and funeral expenses.

Third. I give, devise and bequeath unto my son Lloyd C. BAUM all of that part of the James WILLIAMS tract of land lying to the Eastward of the public road, and bounded on the south by the land of John C. GALLOP on the east by the Currituck Sound, on the North by a four or five foot ditch leading through the farm to the sound and on the West by the public road, to him and his heirs in fee simple.

Fourth. I give and devise unto my son Lloyd C. BAUM all that tract of land situated in Currituck County, North Carolina known as the WOODHOUSE tract in Poplar Branch township and that part of the WHITEHALL tract adjoining the WOODHOUSE tract and lying on the westward side of the public road to him for the term of his natural life, and at his death to his two daughters Mildred and Evelyn BAUM share and share alike and to the issue of their bodies.

Fifth. I give and devise unto m son Julian C. BAUM and his heirs in fee simple all of that part of the James WILLIAMS tract of land situated in the said County and State on the East side of the public road bounded on the East by the Currituck Sound on the north by the WOODHOUSE land on the West by the public road, and on the south by a four or five foot ditch leading through the WILLIAMS Tract and binding on the North the parts of said WILLIAMS tract herein devised to my son Lloyd C. BAUM.

Sixth. I give and devise unto my son Julian C. BAUM and his heirs in fee simple all of the high land with the improvements thereon of the WILLIAMS tract or farm lying on the West side of the public road.

Seventh. I give and devise unto my two sons Julian C. and Lloyd C. BAUM and their heirs in fee simple all of the swamp land belonging to the WILLIAMS tract with a right of way to my son Lloyd C. BAUM across the WILLIAMS tract running along the northern boundary line of Edgar GALLUP’s land, giving him free access to the said Swamp land.

Eighth. I give and devise unto my beloved wife Carolina BAUM in fee simple all that tract of land in Currituck County, North Carolina in Poplar Branch Township known as the GRIGGS land.

Ninth. I give and devise unto my greatgrand children Alice EVANS and Ralph WALKER and the issue of their body all of that part of the WHITEHALL tract of land lying on the West side of the public road and if they die leaving no issue then I give and devise the said tract of land to my two granddaughters Mildred and Evelyn BAUM and their heirs.

Tenth. I give and devise unto my daughter Gertrude C. BAUM and her heirs in fee simple all that tract of land with improvements thereon situated on Narrow Shore in Currituck County, North Carolina known as the CADWELL tract or farm.

Eleventh. I give and devise unto my wife Carolina BAUM in fee simple one lot of land near the landing on Narrow Shore in Currituck County, North Carolina which I purchased from John C. GALLOP.

Twelth. I give and bequeath unto my wife Carolina BAUM, my daughter Gertrude C. BAUM and my two sons Julian C. BAUM and Lloyd C. BAUM all the personal property of every nature, kind and description wheresoever found of which I may die seized and possessed to be equal by divided among there share and share alike that is to say, each one to be one fourth part thereof—except my household and kitchen furniture which I give solely to my wife Carolina BAUM.

Thirteenth. I give and bequeath to my wife Carolina BAUM one good horse and all of the farming implements and buggies and carts at the residence where we now live.

Fourteenth. I hereby nominate and appoint my two sons Julian C. BAUM and Lloyd C. BAUM and my nephew and son-in-law E.M. BAUM to be executors of this my last will and testament.

I request that there shall be no inventory of my estate or appraisement thereof.

In testimony whereof, I the said Josephus BAUM do hereunto set my hand and seal this 27th day of March 1912.
    /s/ Josephus BAUM   seal

Signed, sealed, published and declared by the said Josephus BAUM, to be his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses
    /s/ M. R. GREGORY
    /s/ W. T. GRIGGS

I, the within named, Josephus BAUM, do make this present codicil to my within will which is to be taken as a part thereof.  I do hereby direct that the word “west” in the “ninth” clause of my within will to be changed so as to read east and not West.  I also direct that there shall be an inventory of my estate after my death.

In testimony whereof, I the said Josephus BAUM do hereunto set my hand and seal this 8th day of November, 1912.
    /s/ Josephus BAUM   seal

Witness    Lillie GARRENTON
Witness    E. M. BAUM

Whereas I, Josephus BAUM, of Poplar Branch, in the County of Currituck, State of North Carolina, have made my last will and testament in writing, bearing date the Twenty seventh day of March, in the year of our Lord one thousand nine hundred and twelve, in and by which I have given and bequeathed to my beloved wife, Carrie BAUM, (by deed) five acres of the WILLIAMS farm including the house, but failed to make any provisions for her fire wood.

Now, therefore, I do , by this my writing, which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that she shall have the privilag of using all the fire wood she wants for her house use, from the wood lands swamp lands belonging to the farm know as the WILLIAMS farm and lastly, it is my desire that this codicil be annexed to and made a part of my last will and testament as aforesaid, to all intents and purposes.

In witness whereof, I, the said Josephus BAUM have subscribed my name and affixed my seal this the sixth day of January, in the year of our Lord one thousand nine hundred and thirteen.
    /s/ Josephus BAUM   seal

Signed, sealed, and declared By the said Josephus BAUM, as and for his last will and testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.
    /s/ M. R. GREGORY
    /s/ J. B. GARRENTON

 

APPLICATION FOR LETTERS TESTAMENTARY

Currituck County:  In the Superior Court Before E.W. ANSELL - In the Matter of the Will of Josephus BAUM, deceased

    Julian C. BAUM, Lloyd C. BAUM & E. M. BAUM being duly sworn, doth say: That Josephus BAUM, late of said county, is dead, having first made and published his last Will and Testament: and that Julian C. BAUM, Lloyd C. BAUM & E. M. BAUM as the executors named therein.
    Further, that the property of the said Josephus BAUM consisting of Money in bank at Norfolk, Va. Notes, horses is worth about $18000.00, so far as cam be ascertained at the date of this application; and that Julian C. BAUM, Poplar Branch, N.C. Lloyd C. BAUM, Poplar Branch, N.C. Mrs. Carolina BAUM, widow, Poplar Branch, N.C., Mrs. Gertrude BAUM, Norfolk, Va. are the parties entitled under said will to the said property.
    J. C. BAUM
    L. C. BAUM
    E. M. BAUM

Sworn to and subscribed before me, this 7th day of October 1913
    E.W. ANSELL    Clerk Superior Court

EXECUTOR'S OATH

  North Carolina }
Currituck County}
    We,
Julian C. BAUM, Lloyd C. BAUM & E. M. BAUM do solemnly swear that I believe this paper writing to be and contain the last will and Testament of Josephus BAUM 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.
   
J. C. BAUM
    L. C. BAUM
    E. M. BAUM

Sworn to and subscribed before me, this 7th day of October 1913.
   
/s/ E.W. ANSELL, CSC

PROBATE OF WILL

       Currituck County  }    In Superior Court
State of North Carolina}
   
A paper writing purporting to be the last Will and Testament with the Codicils of Josephus BAUM deceased, are exhibited before me, the undersigned, Clerk of the Superior Court for the said County, by Julian C. BAUM, Lloyd C. BAUM and E. M. BAUM the executors therein mentioned, and the due execution thereof by the said Josephus BAUM is duly proven by the oath and examination of M.R. GREGORY and W.T. GRIGGS, and Lillie GARRENTON, E.M. BAUM and J.B. GARRENTON the subscribing witnesses thereto; who being duly sworn, doth depose and say, and each for himself the said Lillie GARRENTON, M.R. GREGORY, E.M. BAUM and J.B. GARRENTON witnesses to said Codicils the said M.R. GREGORY witness to said will and the first codicil subscribing witness to the paper-writing now shown him, purporting to be the last Will and Testament and the Codicils of said Josephus BAUM that the said Josephus BAUM in the presence of this deponent subscribed his name at the end of said paper-writing and Codicils which is now shown as aforesaid, and which bears date of the 27th day of March 1912, 9th day of Nov. 1912, & 6th day of January, 1913.
    And the Deponent Further Saith, That the said Josephus BAUM the testator aforesaid, did at the time of subscribing his name as aforesaid declare the said paper-writing and codicils 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 and Codicils as an attesting witness thereto, and at the request and in the presence of said testator. And this deponent, further saith, that at the same time when the said testator subscribed his name to the said last Will and Codicils as aforesaid, and at the time of the deponent’s subscribing his name as an attesting witness thereto, as aforesaid, the said Josephus BAUM 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/ M. R. GREGORY
    /s/ W.T. GRIGGS

Severally sworn and subscribed, this 7th day Of October 1913, before me.
    /s/ E.W. ANSELL, Clerk Superior Court

It is therefore considered and adjudged by the Court that the said paper-writing and every part thereof with the Codicils is the last Will and Testament of Josephus BAUM deceased. Let the said Will with Codicils Together with the probate, be recorded and filed.  This 7th day of October 1913.
    /s/ E.W. ANSELL, Clerk Superior Court

This will was contributed by Judy Brickhouse. 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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© 2007 Kay Midgett Sheppard