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Currituck County Wills

Samuel B. Crain, Sr.
Feb. 28, 1906 - July 19, 1906
Currituck Co. Will Book 5; pg. 360-361
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  North Carolina
Currituck County

   I Samuel B. CRAIN SR. of the aforesaid County 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: I give and devise to my beloved wife Fannie CRAIN during her natural life all my interest in the Spence SPRY tract of land on the east side of public road the said interest being one half of the said tract owned by me in fee simple and the other half of said tract being owned by wife in fee simple. After her death I give and devise the same to my two sons Calvin B. CRAIN and Samuel B. CRAIN JR. in fee simple.

   I also give and devise to my beloved wife Fannie CRAIN during her natural life all my interest in the tract of land on the west side of the public road the same being part of the Spence SPRY tract of land, the interest hereby conveyed being one third of said tract.  After her death I give and devise the same to my son Charles S. CRAIN in fee simple the said Spence SPRY tract of land on the east side of the main road belonging to me and my wife is bounded as follows: on the north by the lands of the Spence Gray  heirs on the east by the lands of Derwood Parker, on the south by the land of Derwood Parker and on the west by the public road. The part of the Spence Spry tract of land on the west side of the public road is bounded as follows: on the north by the Spence GRAY heirs, on the east by the public road, on the south by the lands of the Wife of Thomas MILLS, and on the west by the lands of the Spence GRAY heirs.

   Second I give and bequeath to my beloved Wife Fannie CRAIN during her natural life all my household and kitchen furniture and personal property during her natural life and after her death I give and bequeath the same to my sons Calvin B. CRAIN, Samuel B. CRAIN JR., and Charles S. CRAIN.

   Item Three: I give and bequeath to my two daughters Carrie L. GREGORY and Mertle A. WILSON the sum of ten dollars each the balance to my wife.

   Fourth: I hereby constitute and appoint my son Calvin B. CRAIN my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

   In witness whereof I the said Samuel B. CRAIN SR., do hereunto set my hand and seal this the 28th day of February 1906.

/s/ Samuel B. CRAIN SR. seal

Signed sealed published and declared by the said Samuel B. CRAIN SR., to be his last will and testament in the presence of us who at his request and in his presence and in the presence of each other do subscribe our names as witnesses thereto.
    A.M. SIMMONS
    V.B. GRIGGS

State of North Carolina  }    In Superior Court
    Currituck County       }    Before E.W. ANSELL Clerk
          In Re Estate         }
                of                  }    Order for Probate of will
Samuel B. CRAIN      }
    A paper writing purporting to be the last will and testament of Samuel B. CRAIN SR., dec’d is exhibited in open court for probate by Calvin B. CRAIN executor therein named, and the due execution thereof by the said Samuel B. CRAIN SR., dec’d is duly proven by the oath and examination of V.B. GRIGGS and A.M. SIMMONS subscribing witnesses thereto and it is further shown to the satisfaction of the court by the said witnesses that the said Samuel B. CRAIN SR., 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 Samuel B. CRAIN, SR., dec'd.  It is therefore 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 the Office of the Clerk  of Superior Court of said county.  It is further adjudged that said Calvin B. CRAIN be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 19th day of July 1906.
    /s/ E.W. ANSELL Clerk of Superior Court

Calvin B. CRAIN having qualified as executor as aforesaid letters testamentary issued to him. This 19th day of July 1906.
    /s/ E.W. ANSELL Clerk

Currituck County---In Superior Court before E.W. ANSELL, Clerk Superior Court
In the matter of the will of Samuel B. CRAIN deceased
   Calvin B. CRAIN being duly sworn doth say that Samuel B. CRAIN late of said County is dead having first made and published his last will and testament and that Calvin B. CRAIN is the executor named therein.  Further that the property of the said Samuel B. CRAIN consisting of household & kitchen furniture horse, two cows, hogs etc is worth about $75.00 so far as can be ascertained at the date of this application and that Fannie CRAIN, the widow, Calvin B. CRAIN, Samuel B. CRAIN JR., Charles S. CRAIN, Carrie L. GREGORY & Mertle A. WILSON are the parties entitled under said will to the said property.
    /s/ Calvin B. CRAIN

Sworn to and subscribed before me this 13th day of July 1906.
   
/s/ E.W. ANSELL, Clerk Superior Court

[NOTE:  Currituck marriage records show Samuel Crane, son of James & Brittanna Crane, marrying Fanny Spry, daughter of Spencer & Mahala Spry, on October 4, 1871.  According to cemetery records, Samuel B. Crain died May 28, 1906 at age 65.  His wife, Frances Spry Crain, died April 27, 1915.

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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© 2011 Kay Midgett Sheppard