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Dennis Capps
Will undated - April Court 1749

In the Name of God Amen.  I Dennis CAPPS of the County of Coratuck being weak of Body but of perfect mind & memory thanks be given to God, therefore calling to mind the uncertainty & Inflability of this transitory Life & knowing that it is appointed for all Men Once to Die do make & ordain this my Last Will & testament in Manner & form as follows (that is to say) principally & first of all I Give & Bequeath my Soul unto the Hand of Almighty God that gave it, & my Body to the Earth at the Diserction of my Execr & Execx hereafter named & as for my Worldly Good wch God of his Infinite mercy has been pleased to bestow upon me in this life I Give & Bequeath in Manner & form as follows-

Imprimis I Give & Bequeath unto my Loving Son Ewd CAPPS the Land he Now lives on to him & his Heirs for Ever.

Item -- I Give & Bequeath unto my Son Moses CAPPS the Eastern part of my Land boundd by a Slab Markt Line to him & his Heirs for Ever.

Item -- I Give & Bequeath unto my Son. Wm. CAPPS the Western part of my Land from the aforesd Markt Line to him & [his] Heirs for Ever.

Item -- I Give & Bequeath unto my Son Henry CAPPS One English Shillg.

Item -- I Give & Bequeath unto my Son Dennis CAPPS One English Shillg.

Item -- I Give & Bequeath unto my Grandson Enoch CAPPS One English Shillg.

Item --I Give & Bequeath unto my Daughter Sarah Capps BARRY One English Shillg.

Item -- I Give & Bequeath unto my Daughter Milborough Capps BRYAN One English Shillg.

Item -- I Give & Bequeath unto my Daughter Mary STRIPES One Square Table wth a draw in it.

Item -- I Give & Bequeath unto my Daughter Elizth CAPPS my Great Chest.

Item -- I Give & Bequeath unto my Son Phillip CAPPS all the rest of sd Estate both Real & personal after my Wifes Decease she to have the use of it during her Natural Life.  I Appoint my Loving Wife & Son Moses the Exectr & Exectx of this my Last Will & Testamt.  I Ratify Allow & Confirm this & no other to be my Last Will & Testament Disanulling all Wills by me made heretofore In Witness whereof I have hereunto Set my Hand & Seal ye Day & Year first about Written.
    /s/ Dennis [his D mark] CAPPS        Seal

Signed Sealed & Delvd in presence of us                Interlind ye words BARRY & BRYAN before Signed & Sealed

Signum
    Robert [x] SIMMONS
    Willis SIMMONS
    Elish CORNISH
[Elias Cornish in probate]
    Doyley LATTER

  North Carolina  }    At a Court Began & held at the Court House in & for the County
Currituck County }    on Tuesday the 4th Day of April anno Dom 1749

Present His Majesties Justices
    These may Certify that Robert SIMMONS & Elias CORNISH two of the Subscribing Evidences to the Within Will appeared in Open Court & Made Oath on the Holly Evangelists that they were Present & Saw Dennis CAPPS Sign Seal, Publish, and Declare the within to be & ordain his Last Will and Testament, and that the said Dennis CAPPS was then & at that time of Sound and Disposing Memory; and that they Saw Willis SIMMONS & Doyley LATTER the other Subscribing Evidences Sign their Names at the same Time.  Then also appeared Moses CAPPS Surviving Executor (Named in the within Will) in open Court & took the Exors Oath in Due form of Law.  Ordered that the Honble Nathl RICE Esqr Secretary of the said Province have Notice thereof that Letters Testamentory Issue thereon as the Law Directs.
    Test. Richd McCLURE Clk Curt

[On the back of this will is written:
    Currituck 1749
    Letters isd June 30th 1749
    Wills ___ N1 from the 30th June 1749 to the 25th March 1750
    This Bundle Sattled with the Secretary and the Govr & the 12 ______ with the Govr But not the Secr Since Sattle with the Secretary]

[Source: North Carolina State Archives - MARS ID: 12.96.1.358 (folder)]

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