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Currituck County Wills
Peter D. Forbes
Sept. 1, 1871 - Feb. 4, 1884
Currituck Co. Will Book 5; pg. 100-103
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In the name of God Amen. I Peter D. FORBES being in sound health and sound disposing mind and memory thanks be unto God for the same do make publish and declare this my last will and testament in manner and form following to wit:
Item 1st I give and bequeath unto my son Job FORBES one certain piece of land beginning at the Poyner ditch at a stone running south down the main road to the first line fence at a stone thence running westwardly a straight line down the fence and continuing through the woods a straight course to the back line between the heirs of Caleb MILLER and myself thence down the line between the heirs of Caleb MILLER and myself a northwardly course to a corner in the beaver dam it being a corner between the heirs of the said MILLER and myself thence an eastwardly course binding the lands of the said MILLER heirs to the first station at or near the bridge containing Sixty acres more or less. Also one other piece of land over the beaver dam known as the POYNER land adjoining the lands of James SAWYER and the heirs of Caleb MILLER to him and his lawful heirs forever begotten of his body but if the said Job FORBES should die without a lawful heir begotten of his body then and in that case the said lands are to revert back to my estate and to be equally divided between my three youngest children to wit-Anthony Ellen FORBES, Sarah FORBES and Edmund FORBES to them and their heirs
Item 2nd I give and bequeath unto Anthony Ellen FORBES one certain piece of land commencing at the stone on the road the corner of the piece I gave unto my son Job FORBES running down the main road to the pound? or lot fence to a stone thence westwardly course a straight line to my back gate at the woods thence a straight course through the woods to the MILLER line thence binding the MILLER line to the corner of the piece of land I gave my son Job FORBES thence a straight line thence a straight line through the woods and field to the first station binding the said land given to Job FORBES containing fifty acres more or less to her and her heirs lawfully begotten of her body but if the said Anthony Ellen FORBES should die without leaving heir lawfully begotten of her body then and in that case the said land to revert back to my estate and to be equally divided between my children Job FORBES, Sarah FORBES and Edmund FORBES to them and their heirs lawfully begotten of their bodies.
Item 3rd I give and bequeath unto my son Edmund FORBES the residue of my home farm commencing at the road at a stone at my pound or lot fence running a westwardly course a straight course to my woods gate and straight line through the woods to the MILLER land thence binding the MILLER land a southwardly course to the land of John DUKE thence binding the land of John DUKE a eastwardly course to the main road to a stone thence northwardly down the road to the first station containing sixty acres more or less to him and his heirs lawfully begotten of his body but if the said Edmund FORBES should die without leaving issue lawfully begotten of his body then and in that case the said land to revert back to my estate and to be equally divided between my three children Job FORBES, Anthony FORBES and Sarah FORBES to them and their lawfully begotten heirs forever.
Item 4th I give and bequeath unto my daughter Sarah FORBES one piece of land at the cross roads called the O'NEAL tract said land I purchased from Nathan O’NEAL reference to said deed recorded in Registers office will more fully show the boundaries to her and her heirs lawfully begotten of her body but should the said Sarah FORBES die without leaving issue lawfully begotten of her body then and in that case the said land to revert back to my estate and to be equally divided between my three children Job FORBES, Anthony FORBES and Edmund FORBES to them and their heirs lawfully begotten of their bodies.
Item 5th I give and bequeath unto my daughter Margaret BRUMSEY the wife of John BRUMSEY one dollar to her and her heirs forever and the said dollar is to be her share and interest in my estate the said one dollar to be paid by my executor hereinafter named he to take a receipt from the said Margaret BRUMSEY or her legal representative.
Item 6th I leave my Piney Island tract of land to be sold by my executor for either cash or credit at private or public sale as my executor may deem best if I do not sell the same land myself.
Item 7th I leave all of my chatel property and the south part of my farm (it being the portion I have given to my son Edmund) to my wife Nancy during her natural life. I desire my wife to give unto each of my four youngest children one bed and furniture for them to use during her life and at her death I give the chattel property unto my four children Job, Anthony, Sarah and Edmund FORBES to them and their heirs forever.
Item 8th If there is any money on hand at my death I desire my executor to equally divide the same between my wife Nancy, Job FORBES, Anthony Ellen FORBES, Sarah FORBES and Edmund FORBES.
Item 9th I nominate and appoint my wife executrix and my son Job FORBES executor to this my last will and testament and for them to pay all of my just debts without having any sale.
In witness whereof I have hereunto set my hand and seal this 1st day of Sept. 1871.
/s/ Peter D. FORBES seal
Signed sealed published and declared in our presence
Currituck County} In the Clerks Office of Superior Court
North Carolina }
A paper writing purporting to be the last will and testament of PETER D. FORBES bearing date the 1st day of September 1871 and having the names of D.M.D. LINDSEY, A.O. DEY and William BROWN as subscribing witnesses thereto is this day offered for probate by Job FORBES one of the executors therein named and the execution thereof proved by the oath of William BROWN one of the subscribing witnesses thereto and it was also proved by the oaths of T.F. BAXTER, Wiley MATHIAS, and S.C. SIMMONS that they are well acquainted with the signature of A.O. DEY another subscribing witness to the said will having frequently seem him write and that the signature affixed as a witness to the said paper writing purporting to be the signature of A.O. DEY is the true and genuine signature of said A.O. DEY and that the said DEY is a non resident of the State of North Carolina. Said affiants further made oath that the signature purporting to be the signature of Peter D. FORBES at the bottom of the said paper writing they verily believe to be the true and genuine signature of the said Peter D. FORBES that they have frequently seen him write and are familiar with his signature.
And it appearing that the said Peter D. FORBES was of full age of sound mind and disposing memory and under no restraint or undue influence. It is ordered and adjudged that the said paper writing be and is in all respects declared to be the last will and testament of the said Peter D. FORBES.
Ordered to be recorded and filed.
Job FORBES qualified as executor
This February 4th 1884
/s/ H.B. ANSELL, Clerk Superior Court
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!
© 2011 Kay Midgett Sheppard