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Currituck County Wills

Caleb M. Capps
Jan. 5, 1894 - Mar. 5, 1894
[No probate was attached to this will but was found in his lengthy estate record.  I have attached the probate below.]

In the year of our Lord one thousand eight hundred and ninety four

In the name of god amen.

I Caleb M. CAPPS of the State of North Carolina and County of Currituck being of sound mind and memory do make and declare this to be my last will and testament in manner and form following--first I lend all of land unto my wife Fannie CAPPS during her natural life time and after the death of my wife then for all of my land to be sold and the money to be equaly divided among all of my children.  I acknowledge this to be my last will and testament this January 5 A.D. 1894.
        /s/ Caleb M. [his x mark] CAPPS    Seal

Attest
     Henry H. SIMPSON
     S.J. WATERFIELD 

PROBATE OF WILL WITH EXAMINATION OF WITNESSES

State of North Carolina    }    SS. In the Superior Court
    Currituck County         }   
    A paper writing purporting to be the last will and testament of Caleb M. CAPPS, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by S.J. WATERFIELD witness, no executor named therein, and the due execution thereof by the said Caleb M. CAPPS is proved by the oath and examination of S.J. WATERFIELD and Henry H. SIMPSON the subscribing witnesses thereto, who, being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witnesses to the paper writing now shown him purporting to be the last will and testament of Caleb M. CAPPS that the said Caleb M. CAPPS in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears day of the 5 day of January 1894.
     And the deponent further saith, that the said Caleb M. CAPPS the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing 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 as an attesting witness thereto, and at the request and in the presence of said testator.  And this deponent further saith, that a the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Caleb M. CAPPS 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/ Henry H. SIMPSON    Seal
         S.J. WATERFIELD      Seal

Severally sworn and subscribed this 5 day of March 1894 before me
    /s/ H.B.. ANSELL, Clerk Superior Court

[Source for will: Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse (Microfilm G.030.1548672)]
[Source for probate: Currituck County Record of Estates 1812-1926; Vol. Brumsey-Ferebee (Microfilm G.030.1862909)]

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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2007 Kay Midgett Sheppard