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Currituck County Wills

J.J. Baxter
Nov. 2, 1889 - Nov. 25, 1889

Currituck County NC
Nov 2d 1889

I J.J. BAXTER knowing the uncertainty of life & the certainty of death and being of sound and disposing mind, I hereby publish, proclaim and declare this to be my last will and testament, to wit.

Item First - I want all my just debts which are few, to be paid.

Item Second - I give and bequeath to Katie my beloved wife all of my estate, both personal and real, to have and to hold forever, she and her heirs.

Item Third - I hereby nominate and appoint her my sole executor to manage to manage in all respects as she shall deem best.

                        /s/ J.J. BAXTER

Signed, sealed and delivered in the presence of the witnesses, and the witnesses in the presence of the testator.
(The interlining made before signing.)

Witness -
     O.F. BAXTER
     F.W. RITTER

PROBATE OF WILL

State of North Carolina    }    Order for Probate of Will
    Currituck County         }    In re. to the estate of J.J. BAXTER, deceased

     A paper writing purporting to be the last will and testament of J.J. BAXTER, dec'd., is exhibited in open court for probate by Mrs. Katie BAXTER, executrix therein named: and the due execution thereof by the said J.J. BAXTER dec'd., is duly proven by the oath and examination of Dr. O.F. BAXTER and Dr. F.W. RITTER, subscribing witnesses thereto: and it is further shown to the satisfaction of the court by said witnesses that the said J.J. BAXTER 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 J.J. BAXTER, 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 and as such filed as provided by law in the office of the Clerk of Superior Court of said county.
     It is further ordered that said Mrs. Katie BAXTER 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 25th day of November 1889
     /s/ H.B. ANSELL, Clerk of Superior Court

  North Carolina   }    In Superior Court
Currituck County  }   Before H.B. ANSELL, Clerk

EXECUTOR'S OATH

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

I, Katie BAXTER, do solemnly swear that I believe this writing to be and contain the last Will and Testament of J.J. BAXTER deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, as far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me GOD.
     /s/ Katie BAXTER

Sworn and subscribed before me, this 25th day of November 1889.
     /s/ H.B. ANSELL, Clerk Superior Court


State of North Carolina    }    In the Superior Court before the Clerk
Currituck County             }    In the matter of the Probate of the last will and testament of J.J. BAXTER, deceased

Then Katie BAXTER applying to have probate of will & testament of Dr. J.J. BAXTER, deceased, being duly sworn saith that she is the executrix nominated in said last will & testament

That the value of the property conveyed in said will is about twelve thousand dollars according to this deponents best knowledge, information & belief and that the said property consists of [unreadable] stock household and kitchen furniture farming utensils etc. and real estate.

That this affiant Kate BAXTER is the sole and only devisee & legatee mentioned in said will and as such is entitled to the whole and every part of said estate both real and personal and she resides in Currituck County North Carolina and her post office address is Currituck C.H. state and county aforesaid.
     /s/ Kate BAXTER

Sworn to and signed before me this the 25th day of November 1889
     /s/ H.B. ANSELL, CSC


NOTICE

The undersigned having duly qualified as the executrix of the last will and testament of J.J. BAXTER, deceased, on the 25th day of November AD 1889 hereby gives notice to all persons having claims against said estate to present them for payment within one year from this date or this notice will be plead in bar of their recovery and also to all persons indebted to the estate to immediately pay such indebtedness.  This Nov. 26th 1889.
    
 /s/ Kate BAXTER, Executrix

State of North Carolina}
     Currituck County    }

T.E. GILMAN being duly sworn says that the above and hereto annexed notice a copy thereof was posted at the following public places in the county and state aforesaid to wit: The Court House Door, Shawboro, Sligo, Tulls, and Moyock and that said notices or advertisements were posted or affixed? by this affiant on the 26th 27th and 28th of November 1889 and that the above copy is this day duly filed in the office of the Clerk of Superior Court for County and State aforesaid.
     /s/ T.E. GILMAN

Sworn to before me this Dec. 2, 1889
     /s/ H.B. ANSELL, CSC

[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!

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2005 Kay Midgett Sheppard