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Currituck County Wills

Elizabeth F. Dudley
June 26, 1900 - Sept. 18, 1900

State of North Carolina, Currituck County

I Elizabeth F. DUDLEY being of sound mind and memory do make and publish this my last will and testament.  I lend to my brother William J. SIMPSON all of my real estate consisting of the old homestead containing 35 acres and adjoining the lands belonging to said William J. SIMPSON.  At his decease I give all the above described land to Eva May SMITH and Fanny Adell SMITH heirs-at-law of Amy E. SMITH.  If my brother William J. SIMPSON should die before Eva and Fanny SMITH become of lawful age to receive said property I authorize the Clerk of Superior Court to appoint a guardian for them, to take care of said property and see that the property is equally and impartially divided between said Eva May and Fanny Adell SMITH.

I leave my brother William J. SIMPSON executor to this my will and at my death my desire is that he shall sell so much of the chattle property as may be necessary to pay all my just debts.

In testimony whereof I hereunto set my hand and seal this 26th day of June 1900.

/s/   

Attest
     William A. COOPER
     E.D. BOWDEN

PROBATE OF WILL

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }

     A paper writing purporting to be the last will and testament of Elizabeth F. DUDLEY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by William J. SIMPSON the executor therein mentioned, and the due execution thereof by the said Elizabeth F. DUDLEY is proved by the oath and examination of William A. COOPER & E.D. BOWDEN the subscribing witnesses thereto, who, being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Elizabeth F. DUDLEY that the said Elizabeth F. DUDLEY in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears day of the 26th day of June 1900.
     And the deponent further saith, that the said Elizabeth F. DUDLEY the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her 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 her name to the said last will as aforesaid, and tat the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Elizabeth F. DUDLEY 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/ William A. COOPER   Seal
         E.D. BOWDEN            Seal

Severally sworn and subscribed this 18th day of Sept. 1900 before me
    /s/ E.W. ANSELL, Clerk Superior Court

EXECUTOR'S OATH

State of North Carolina    }    SS. In the Superior Court
     Currituck County        }

I, William J. SIMPSON, do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of Elizabeth F. DUDLEY 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; and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me GOD.
     /s/ William [his x mark] J. SIMPSON

Sworn and subscribed before me, this 18th day of Sept. 1900.
     /s/ E.W. ANSELL, Clerk Superior Court

APPLICATION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

Currituck County: - In the Probate Court
In the matter of the administration of the estate of Elizabeth F. DUDLEY, dec'd. before E.W. ANSELL, C.S.C.

    Wm. J. SIMPSON being sworn doth say that Elizabeth F. DUDLEY late of said county is dead, leaving a last will and testament; and William J. SIMPSON the executor therein named therefore applies for Letters of Administration with the will annexed, on the estate of the said Elizabeth F. DUDLEY.
    Further, that the value of said estate, so far as can be ascertained at the date of this application, is about $25.00 and that Wm. J. SIMPSON is entitled as heir and distributee thereof.
    /s/ Wm. [his x mark] J. SIMPSON

Sworn and subscribed before me, this 18th day of Sept. 1900.
    /s/ E.W. ANSELL, C.S.C.

ORDER FOR PROBATE OF WILL

  North Carolina    }    In Superior Court before E.W. ANSELL, Clerk
Currituck County  }    In re Estate of Elizabeth F. DUDLEY, deceased

     A paper writing purporting to be the last will and testament of Elizabeth F. DUDLEY, dec., is exhibited in open Court for probate by William J. SIMPSON, executor therein named, and the due execution thereof by the said Elizabeth F. DUDLEY, dec., duly proven by the oath and examination of William A. COOPER and E.D. BOWDEN, subscribing witnesses thereto, and it is then shown to the satisfaction of the Court by said witnesses that the said Elizabeth F. DUDLEY 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 Elizabeth F. DUDLEY, dec'd.  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 William J. SIMPSON be allowed to qualify as executor as provided by law and enter into the discharge of the duties imposed by said trust.
     Dated this the 18th day of Sept. 1900.
     /s/ E.W. ANSELL, Clerk of Superior Court

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

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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