Return to Currituck Co.
Currituck County Wills
Jan. 31, 1895 - no probate was attached to this will but was found in the Estates Records as seen below
I Andrew J. ETHERIDGE of the County of Currituck and State of North Carolina being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following, that is to say ---
First (1st) That my executor shall provide for my body a decent burial and pay all funeral expences together with my just debts out of the moneys that may first come into his hands as a part of or parcel of my estate.
Item. I leave to my wife Elizabeth ETHERIDGE during her natural life one half of the plantation (the Eastern half) upon which I now reside together with all buildings and priveledges thereunto belonging in satisfaction for and in leiu of her dower and thirds of all my real estate.
Item. I lend to my son Matthias D. ETHERIDGE the westward half of the plantation upon which I now reside then I give the same to be equally divided between the three children of Matthias D. ETHERIDGE and Alameda TILLITT and their heirs forever.
Item. I give and bequeath to my said wife Elizabeth the first choice of cow and calf and her choice of one of the other cattle also five of the best hogs and her choice of sow and pigs that may be left at my decease together with all of the domestic fowls and all of the provisions on hand at the time of my death.
Item. I leave to my said wife Elizabeth all of my household and kitchen furniture except two beds with bedding and steads.
Item. I give to my son Matthias D. ETHERIDGE two beds with bedding and steads and one cane bottom rocking chair to be his forever.
Item. After the death of my wife Elizabeth all the real and personal property not herein givin away I lend to my son Matthias D. ETHERIDGE and then I give to his three children and Alameda TILLITT, equal, and their heirs forever.
Item. I leave my horse and cart and farming utensils to be used jointly by my wife and son Matthias D. ETHERIDGE.
Item. I wish my executor in case money is needed to pay any debts that I may owe at the time of my decease to dispose of my two canoes and apply the proceeds to the payment of said debts and pay any surplus that may be to my son Matthias D. ETHERIDGE or his heirs. In case no money is needed to pay debts I give and bequeath to my son Mathias D. ETHERIDGE and his heirs forever my two canoes with sails and appurtenances thereunto belonging.
And lastly I do appoint my trusty friend Thomas BARRETT my lawful executor to all intent 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. In witness whereof I the said Andrew J. ETHERIDGE do hereunto set my hand and affix my seal this the 31st day of January 1895.
/s/ Andrew [his x mark] J. ETHERIDGE Seal
Signed sealed published and declared by the said Andrew J. ETHERIDGE to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto.
[NOTE: Cemetery records indicate that Andrew Jackson Etheridge was born March 25, 1825 and died March 21, 1896.]
North Carolina) In the Superior Court
Mr. D. Etheridge, Plaintiff)
Mary E. Etheridge, ) Petition to sell timber
A. J. Etheridge and )
I. M. Etheridge )
The petitioner Mr. D. Etheridge complains and alleges:
1. That subject to his life estate the plaintiff Mr. D. Etheridge and defendant Mary E., A. J. and I. M. Etheridge own as tenants in common a certain tract of land situated in state of North Carolina, Currituck County, Poplar Branch Township in remainder on which there are standing timber trees adjoining the lands of A. Scarborough, Samuel Bright, Hodges Gallop deceased heirs, Eugene Smith, L. M. Gallop, and John Melson containing one hundred and fifty acres more or less.
2. That the interest of the plaintiff in said tract of land is a life estate in all of said tract and owner of one-fourth part of the remainder in fee simple and the interest of each of the defendants is one-fourth part of the remainder in fee simple.
3. That it would be to the interest of plaintiff and defendants to have the timber trees on said tract of land sold separate from the land.
4. That the defendants are minors without any guardian.
5. That the interest for life of the plaintiff in said tract of land is by virtue of the will of his father A. J. Etheridge recorded in will Book No. 5 Office of Clerk of Superior Court of Currituck County, N.C. That the interest of the defendants above named is by virtue of said will and the interest of the plaintiff of one-fourth part in the remainder in fee simple of said tract of land is by virtue of a deed executed to him by John Melson and wife Almedia Melson and the said interest of Almedia Melson was by virtue of said will above named.
Wherefore the plaintiff prays that the Court will appoint some competent person to sell the standing pine timber trees twelve inches in diameter and over or that may attain that size during the period for cutting and removing said timber from said tract of land provided lowest bid be not less than $1000 and that five years be allowed for cutting and removing said timber; and money divided according to law. /s/ M. D. Etheridge
M. D. Etheridge being duly sworn says that of his own knowledge the above complaint is true except as to those matters stated on information and belief and as to those he believes it is true.
/s/ Roswell C. B___?, Notary Public
Commis. Expires Oct. 30th 1908
Summarizing additional pages. . .
Feb 25th 1907 (E. W. Ansell, Clerk Superior Court) A. M. Simmons is appointed by the court to sell the timber at a public auction and report his findings to the court. G. W. Williams is appointed guardian ad litem for the three underage children.
John L. Roper Lumber Company won the bid for $1000 – sale recorded April 2, 1907
There appears to be a resale to J. W. Perry Company for $1100 22nd day of April 1907
The court orders a new auction and John L. Roper Lumber Company bid $1450 which was the last, highest and best bid and it was declared the purchaser and complied with the terms of sale. June 3, 1907
First and Final Acct. of Nicholas Etheridge, Administrator of Albert Etheridge his son, who was a minor
Dec. 18th 1903 Received from Norfolk and Southern R. R. Company, Compromise, _____ of suit for the killing of his son Albert Etheridge $500.00
Dec. 16, 1903 Paid A. M. Simmons for professional services 2.50
Dec 18, 1903 Paid G. H. Martin Atty. expenses to Currituck C.H. 2.85
Dec 18, 1903 Paid Aggie Artis 1.75
“ “ “ “ Addie McCoy 1.00
Clerk Commis. at ½ of 1 percent on $500.00 250 .10:60
Dec 28, 1903 Amount due estate $489.40
Sworn to before me this Dec. 28th 1903. /s/ E. W. Ansell, CSC
Application for Letters of Administration – Oath and Letters of Administration
Currituck County – In the Superior Court
In the matter of the Administration of the Estate of Albert Etheridge, decd. before E. W. Ansell C.S.C.
Nicholas Etheridge, being sworn, doth say that Albert Etheridge last of said County, is dead, without leaving any Will and Testament, and that Nicholas Etheridge is the proper person entitled to Letters of Administration on the estate of the said Albert Etheridge. Further, that the value of said estate, so far as can be ascertained at the date of this application, is about $300.00 and Nicholas Etheridge, Moyock, NC, are entitled as heirs and distributes thereof.
Sworn to and subscribed before me, this 16th day of Dec, 1903
/s/ Nicholas (his x mark) Etheridge
Oath of Administration
State of North Carolina)
Currituck County ) SS In The Superior Court.
I Nicholas Etheridge do solemnly swear (or affirm) That I believe that Albert Etheridge died without leaving any last Will and Testament, and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Albert Etheridge, and a true and perfect inventory thereof return as provided by law; and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability: So help me God.
/s/ Nicholas (his x mark) Etheridge
Sworn and subscribed before me, this 16th day of Dec. 1903
Probate of Will
North Carolina ) In Superior Court, Before E. W. Ansell, Clerk
In Re Estate of Andrew J. Etheridge, deceased) ORDER FOR PROBATE OF WILL
A paper writing purporting to be the last Will and Testament of Andrew J. Etheridge, dec’d is exhibited in open court for probate by Thomas Barnett, Executor therein named; and the due execution thereof by the said Andrew J. Etheridge, dec’d, is duly proven by the oath and examination of Thomas B. Harrison and John Melson subscribing witnesses thereto: and it is further shown to the satisfaction of the court by said witnesses that the said Andrew J. Etheridge 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 Andrew J. Etheridge, 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 the Clerk of Superior Court of said county.
It is further ordered that said Thomas Barnett 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 27th day of March 1896
/s/ E. W. Ansell, Clerk of Superior Court
State of North Carolina) SS In the Superior Court
Currituck County )
I Thomas Barnett do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of Andrew J. Etheridge 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.
Sworn and subscribed before me, this 27th day of March 1896 ) /s/ Thomas Barrett
E. W. Ansell, Clerk Superior Court
Probate of Will
State of North Carolina) SS In Superior Court
Currituck County )
A paper purporting to be the LAST WILL AND TESTAMENT of Andrew J. Etheridge deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Thomas Barnett the executor therein mentioned, and the due execution thereof by the said Andrew J. Etheridge by the oath and examination of John Melson & Thomas B. Harrison 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 Andrew J. Etheridge; that the said Andrew J. Etheridge, in the presence of this deponent, subscribed his name at the end of said paper-writing, which is now shown as aforesaid, and which bears date of the 31st day of January 1895.
AND THE DEPONENT FURTHER SAITH, That he said Andrew J. Etheridge 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 TESTMENT, 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 the said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as an attesting witness thereto, as aforesaid, the said Andrew J. Etheridge 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/ Thos. B. Harrison (Seal)
/s/ John Melson (Seal)
Severally sworn and subscribed this 27th day of March 1896, before me
/s/ E. W. Ansell, Clerk Superior Court
[Source for will: Microfilm Roll G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]
[Source for Probate: Microfilm Roll G.030.1862909 - Currituck Co., NC Estates (1812-1926); Vol. Brumsey-Ferebee] Contributed by Jean Schroeder in October 2017
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!
© 2005 Kay Midgett Sheppard