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Josiah Etheridge
Sept. 7, 1835 - Feb. Term 1840
Currituck Co. Will Book 4; pg. 71-73
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The Last Will and Testament of Josiah ETHERIDGE ETHERIDGE [sic] deceased was exhibited in open court at Feby. Term 1840 and proven by the oaths of William SNOWDEN and Fanny BELL and the executor James BELL qualified in due form of Law and ordered Recorded.

   In the name of God Amen, I Josiah ETHERIDGE of Currituck County in the State of North Carolina being of sound and perfect mind and memory do this 7th day of September Eighteen Hundred and thirty five make and publish this my last Will and Testament in manner following that is to say.

   First I leave my wife the use of all the land my Father gave me in will during her life and widowhood and also the tract I purchased of James ETHERIDGE during her life and widowhood.

   I leave my Son William ETHERIDGE the use of all that tract of land I purchased of John Cason during his life time provided he never shall have a child or children by his lawful wife but if he ever shall have a child or children lawfully then and in that case I give to my Son William ETHERIDGE the land above mentioned to him and his heirs forever. I also leave my Son William ETHERIDGE after the death of my wife the use of one half of the land I purchased of James ETHERIDGE to be laid off adjoinding the land I purchased of John CASON during his life and if he shall ever have a child then and in that case I give the said land to him and his heirs fore ever. I give the swamp land that I purchased of James ETHERIDGE called the Piney Nole to my Son William ETHERIDGE and my daughter Eleanor HUMPHERS to be equally divided between them to them and their heirs for ever.

   I give to my daughter Eleanor HUMPHERS after the death of my wife all the land my Father gave me in will to her and her heirs for ever. I also give to my daughter Eleanor HUMPHERS one half of that tract of land that I purchased of James ETHERIDGE that part next the land my Father gave me to her and her heirs for ever.

   I leave my daughter Rhoda FANSHAW the use and rent of one Hundred acres of land where she lives during her life it being a part of the land I purchased at Sheriff sale the land of Willis SIMMONS deceased and after her death I leave the use of said land to her daughter Sally BELL during her life and after her death I give the said land to the children of Sally BELL to be equally divided between them to them and their heirs for ever.

   I give to my Grand Son Josiah ETHERIDGE Son of James ETHERIDGE the sum of five Hundred dollars to be paid in good promasery notes to him and his heirs for ever.

   I give to my grand Son John ETHERIDGE Son of James ETHERIDGE the sum of three Hundred dollars in notes to be made of my estate.

   I give to my Great Grand Son Willoughby ETHERIDGE Son of Son of [sic] James ETHERIDGE and Grand Son of Willoughby ETHERIDGE the sum of Two Hundred dollars with in Four years after my death to be paid in notes out of my estate.

   I give to my Grand children orphans of my Son Willoughby ETHERIDGE the sum of Two Hundred dollars each namely Rhoda GREGORY, William ETHERIDGE, Josiah ETHERIDGE and Eleanor GREGORY to be paid in notes with in Four years after my death out of my estate.

   I give my wife one years provision for her and her family out of my crop and stock.

   I leave the land I own lying between the land of Caleb BELL and Tully L. DOZIER to be sold and the money to be paid over to my Son John ETHERIDGE or his heirs supposed to be thirty acres more or less.

   I leave all my house hold and kitchen furniture and farming utensels and stock and crop and other perishable property to be sold at six months credit.

   I leave to my wife after paying my debts and legacies the use of all my negroes during her natural life and widowhood and after my wife death I leave all my negroes to be divided between my five children namely William ETHERIDGE, John ETHERIDGE, Mark ETHERIDGE, Rhoda FANSHAW and Eleanor HUMPHERS to them and their heirs for ever.

   I hereby appoint my Son William ETHERIDGE guardian for my daughter Rhoda FANSHAW and authorize him to take charge of all the negroes that shall come to her part when they are divided and hire them out in like manner as guardian do and make returns in Court and have commissions as Guardians do and if he refuses to act my will is that the Court appoint some other man as Guardian or the property remain in the hands of my executor as long as she shall live by giving her the income if her necessities require it and I here by make and ordain my wife and James BELL my executors of this my Last Will and Testament in witness whereof I have to this my Last Will and Testament set my hand and seal the date above written.

    /s/ Josiah [his x mark] ETHERIDGE seal

Signed sealed and published in presence of us
    William SNOWDEN     jurat
    Fanny BELL     jurat

Recorded and examined this 4th day of April 1840
    B.T. SIMMONS, CCC

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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