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Currituck County Wills

Joseph J. Benton
Jan. 24, 1912 - Sept. 2, 1912
Currituck Co. Will Book 5; pg. 435-436
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Moyock North Carolina Currituck Co.

   I Joseph J. BENTON of the aforesaid Co. and State, being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last will and testament.

   First: My executor hereinafter named, shall give my body a decent burial suitable to my friends and relatives, and pay all funeral expenses, together with all my just and honest debts, out of the first moneys which may come into his or her hands belonging to my estate.

   Second: I give and devise to my beloved wife Mattie L. BENTON the tract of land on which I now reside said farm I bought of Alfonzo MERCER containing 80 acres more or less, said farm bounded by the lands of T.B. JONES estate, N.B. POWERS, Isaac BARNARD & CREEKMORE heirs, her natural life time in satisfaction of her dower and thirds in all my lands. After the death of my wife the aforesaid is to revert back to my sons viz: Frank BENTON and Winford E. BENTON - equal division.

   Third: In consideration of a gift of my residence in Moyock N.C. to my youngest son W.S. BENTON I consider that I have divided my property as equal among sons or heirs.
        /s/ Joseph J. BENTON seal

Witnesses
    Z. M. NORTHERN
    Dr. Stewart MANN
       
Moyock, N.C. Jan. 24, 1912

         State of North Carolina     }    In Superior Court
              Currituck County         }    Before E.W. ANSELL, Clerk
                 In Re Estate              }
                       of                        }    Order for Probate of Will
Joseph J. BENTON, deceased}
    A paper writing purporting to be the last will and testament of Joseph J. BENTON, dec’d is exhibited in open court for probate by Mattie L. BENTON one of the devisees therein named there being no executor named in said will and the due execution thereof by said Joseph J. BENTON dec’d is duly proven by the oath and examination of Dr. Stuart MANN and Z.M. NORTHERN subscribing witnesses thereto and it is further shown to the satisfaction of the court by said witnesses that the said Joseph J. BENTON 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 Joseph J. BENTON dec’d and 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. Dated this the 2nd day of September 1912.
    /s/ E.W. ANSELL, Clerk of Superior Court 

                                    Currituck County                          }    In Superior Court before E.W. ANSELL, Clerk Superior Court
In the matter of the will of Joseph J. BENTON deceased}
    Mattie L. BENTON, one of the devisees being duly sworn doth say: That Joseph J. BENTON late of said County is dead having first made and published his last will and testament. And that Mattie L. BENTON is one of the devisees named therein there being no executor named in said will. Further that the property of the said Joseph J. BENTON consisting of one horse, one horse cart, household & kitchen furniture & farming implements is worth about $150.00 so far as can be ascertained at the date of this application; and that Mattie L. BENTON widow, Frank BENTON, E. City, NC, Winfred E. BENTON, Norfolk, Va., W. S. BENTON Berkley, Va., are the parties entitled under said will to the said property.
    /s/ Mattie L. BENTON         

Sworn to and subscribed before me this 2nd day of Sept. 1912.
    /s/ E.W. ANSELL, Clerk Superior Court

[NOTE:]  According to marriage records, Joseph J. Benton, son of Henry & Harriett Benton, married Mattie Garrett, daughter of Philip Creekmore Garrett & Adelia Love (Woodhouse) Garrett, at Moyock on Dec. 8, 1898.  According to the 1880 Moyock Twp.  census, J.J. Benton, age 45, had been previously married to Mary E., age 40, and they had Frank, age 8, and Winfred, age 3?.  The 1900 Moyock Twp. census shows Joseph being born in July 1834 and Martha L. [Mattie] being born in Dec. 1867.

This will was contributed by Judy Merrell 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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