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Currituck County Wills

Thomas F. Baxter
Jan. 5, 1891 - April 15, 1891

State of North Carolina}
     Currituck County    }

I Thomas F. BAXTER of the County of Currituck and State of North Carolina being of sound and disposing mind and memory, do make and publish this my last will and testament in manner and form as follows:

Item 1 - After my just debts are paid I leave unto my wife Elizabeth BAXTER my entire estate during her life or widowhood.

Item 2 - I give and bequeath to my daughter Mary Virginia BRICKHOUSE five dollars to be paid to her out of my estate.

Item 3 - I give and bequeath the remainder of my entire estate of whatever description, to the children of my daughter Margarett Elizabeth BURFOOT which includes any and all she may have born to her as well as the two she now has--Archibald McDowell BURFOOT and Ambrose BURFOOT--to be held in trust by their father A.W. BURFOOT for their support and education.

Item 4 - I hereby constitute and appoint my son-in-law A.W. BURFOOT my executor to this my last will and testament, giving him the power to sell any part of my estate, give mortgages or act in all respects as if the property were his in the settlement of my indebtedness.  It is also my desire that he shall manage and superintend for her the estate of my wife as along as she lives or remains a widow.

Item 5 - I hereby revoke all other wills that may appear to have been written by me former to this, and now declare this instrument to be my last will and testament.  This January 5 day 1891.
                        /s/ T.F. BAXTER

Witness:
     G.W. WILLIAMS
     Thos. WILLIAMS
     W.W. DAVIS

EXECUTOR'S OATH

I A.W. BURFOOT do solemnly swear that I believe this writing to be and contain the last will and testament of T.F. 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.
    /s/ A.W. BURFOOT

Sworn and subscribed before me this 15th day of April 1891
   
/s/ H.B.. ANSELL, Clerk of Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

Currituck County: -- In Superior Court before H.B.. ANSELL
In the Matter of the last will of [blank]
    A.W. BURFOOT being duly sworn, doth say: That T.F. BAXTER, late of said county, is dead, having first made and published his last will and testament; and that A.W. BURFOOT is the executor named therein.
    Further, that the property of the said T.F. BAXTER consisting of lands and personal property is worth about $3000.00, so far as can be ascertained at the date of this application; and that Elizabeth BAXTER, Mary V. BRICKHOUSE & the children of M.E. BUROOT are the parties entitled under said will to the said property.
        /s/ A.W. BURFOOT

Sworn to and subscribed before me, this 15 day of April 1891
        /s/ H.B.. ANSELL, Clerk Superior Court

ORDER FOR PROBATE OF WILL

  North Carolina    }    In Spring Court before H.B. ANSELL, Clerk
Currituck County  }    In re Estate of T.F. BAXTER, deceased

     A paper writing purporting to be the last will and testament of T.F. BAXTER, dec., is exhibited in open Court for probate by A.W. BURFOOT, executor therein named, and the due execution thereof by the said T.F. BAXTER, dec., duly proven by the oath and examination of G.W. WILLIAMS and W.W. DAVIS, two of the subscribing witnesses thereto, and it is then shown to the satisfaction of the Court by said witnesses that the said T.F. 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 & testament of T.F. BAXTER, deceased.  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 Clerk of the Superior Court of said county.  It is further ordered that said A.W. BURFOOT be allowed to qualify as executor as provided by law and enter into the discharge of the duties imposed by said trust.
     And hereupon said A.W. BURFOOT qualified by taking the oath prescribed by law, which is herewith filed, and letters testamentary with will annexed is granted him.  Dated April 15, 1891.
     /s/ H.B.. ANSELL, Clerk of Superior Court

[Source for will and Order for Probate: Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse (Microfilm G.030.1548672)]

[Source for Executor's Oath and Application for Letters Testamentary: 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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2005 Kay Midgett Sheppard