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Currituck County Wills

Joseph Baxter
June 22, 1873 - Apr. 18, 1879
[This will was misfiled in the estate papers.]

Currituck County NC
June 22nd 1873

I Joseph BAXTER being now of sound mind and disposing memory but being of feeble body and therefore not knowing when I may be called to die, do hereby constitute and make this instrument my last will and testament, revoking and pronouncing all former wills of [word unreadable] date or character.

1st I give to my daughter Adelia PIGOT during her life & after her death to her son Joshua James in fee forever a certain piece of land bounded as follows, beginning at a bridge near by & east of Aquetta ROBERTS house running south to my line back line in the swamp then East down said line to a point, (a line running from said point) is then? to strike my fence in front of my house running on north to a fence between me & Cassie WILLIAMSON, thence west to the beginning it being twenty acres more or less.

2nd I give in fee forever to William and Gideon SAWYER the children of my son in law Wm SAWYER, a certain piece of land being on the east of my farm & adjoining it, and contained between a certain natural drain to be found about one hundred & fifty from my back fence & the line between me & my brother Isaac BAXTER's heirs containing twenty five acres more or less.

3rd I loan to my beloved wife Polly [could be Dolly] during her life, and give to my son William Joshua in fee forever the ballance of all my property real & chattle of [word unreadable] kind to his behoof & use forever.  Signed sealed & delivered in presence of these witnesses.
    /s/ Joseph [his x mark] BAXTER

Witnesses
    J.J. BAXTER
    Thos F. BAXTER

PROBATE OF WILL

I T.F. BAXTER swear that I saw Joseph BAXTER execute this writing as his last will and testament; that I attested it in his presence and at his request; and that at the time of its execution he was, in my opinion, of sound mind and disposing memory, and as far as my knowledge goes he was acting under no restraint.  So help me God.
    /s/ Thos F. BAXTER

Sworn and subscribed this the 10th day of April 1879 before me
    /s/ H.B. ANSELL, Probate Judge

I J. J. BAXTER swear that I saw Joseph BAXTER execute this writing as his last will and testament; that I attested it in his presence and at his request; and that at the time of its execution he was, in my opinion, of sound mind and disposing memory, and as far as my knowledge goes he was acting under no restraint.  So help me God.
    /s/ J.J. BAXTER

Sworn and subscribed this the 18th day of April A.D.1879
    /not signed by Probate Judge/

Currituck County - In Probate Court April 18th 1879
     A paper writing purporting to be the last will and testament of Joseph BAXTER, is offered for probate and the execution thereof proved by the oath and examination of J.J. BAXTER and Thos. F. BAXTER, the subscribing witnesses thereto and it appearing that said Joseph BAXTER was of full age, of sound mind and disposing memory, and under no restraint or undue influence it is therefore adjudged and decreed that the said paper writing be and is hereby declared to be the last will and testament of said Joseph BAXTER.  Ordered to be recorded and filed.
     /s/ H.B. ANSELL, P. Judge

[Source: 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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2006 Kay Midgett Sheppard