Return to Currituck Co.
Currituck County Wills
Dec. 23, 1907 - Feb. 24, 1908
State of North Carolina
In the name of God Amen.
I Hiram GREGORY of the County of Currituck and State of North Carolina, being of sound mind and memory do make this my last will and testament in manner and form as follows:
ITEM ONE. My will and desire is that out of the first moneys coming into the hands of my executor hereinafter named, that all my just debts, including my burial expenses, shall be paid.
ITEM TWO. I loan to my son Lemuel that certain tract of land known as my homestead beginning at John FISHERs line, thence northwardly binding the land of D.R. SCOTT, to Geo. N. JARVIS, thence westwardly binding the line of Geo. N. JARVIS, to the land of Nathan ETHERIDGE, deceased, thence westardly down said ETHERIDGE's line to land of Jesse SANDERSON, thence westardly course down SANDERSON's line to a point or tree sixty yards from Jonathan CASE land, thence southwardly a straight line, sixty yards from the HOBBS tract, to John FISHERs line, thence an eastwardly course with said FISHERs line to the place of beginning. The same to be used by my said son Lemuel during the term of his natural live. At the death of my said son Lemuel, I give and devise the above described homestead tract to the children of my son Lemuel, to them and their heirs in fee simple. I give and devise to my five grand-daughters children of my son Lemuel, a mortgage deed and note that I hold against my said son Lemuel for the sum of two hundred and ninety dollars dated the 13th day of September 1902, payable September 13th 1907, to be divided equal between them, Ethel one-fifth, Maud one-fifth, Beaulah one-fifth, Roxey one-fifth Rosa one-fifth.
ITEM THREE. I give and devise to D.W. WOODHOUSE in trust for my grand-children May, Elsie and Pearl SCOTT, the sum of three thousand dollars to be paid to them as they become twenty-one years of age, May One-thousand, Pearl One-thousand and Elsie One -thousand, upon the condition that my said grand-children May, Elsie, and Pearl SCOTT, make a quit claim deed to my grand-son Hiram for any right title or interest that they may have in a certain tract of land known as the HOBBS tract hereinafter described, which is disposed of in the following item. In the event that the said May, Elsie, and Pearl SCOTT shall fail to make a quit claim deed for any right title or interest they may claim in an undivided one half interest of the said HOBBS tract, by reason of a deed made to their mother which was paid for by me and she advanced no money for it which one half interest I give and bequeath to my grand-son Hiram, son of my son William, in the following item. My will and desire is if either of my said grand-children May, Elsie, or Pearl shall fail to make a quit claim deed as described above, then in that event I desire the three-thousand dollars given in trust to D.W. WOODHOUSE, or any part thereof, divided between my children and grand-children as follows viz: My son Thomas' children 1/5, to my son Lemuel 1/5, to my son William 1/5, to my grand-children May, Elsie, and Pearl SCOTT 1/5th, to my daughter Polly's children 1/5th. My will and desire is that my grand-daughters May, Elsie, and Pearl SCOTT shall have the sum of one hundred dollars each for education before they become twenty-one years of age if they so desire, said amount to be paid by executor hereinafter named, or by D.W. WOODHOUSE, trustee, and deducted from the One-thousand dollars bequeathed to them as above provided when they become twenty-one years of age.
ITEM FOUR. I loan to my son William the North part of the HOBBS tract of land from the big ditch, together with a piece of woodland adjoining the said HOBBS tract, beginning at a point or tree sixty yards from the land of Jonathan CASE, thence southwardly a straight line with the said HOBBS tract to the line of John FISHER, during the term of his natural life, said HOBBS tract being bounded on the North by Jonathan CASE and Jas. GREGORY, west by Jerry ROTENs heirs, South by John FISHER and Nathan GORDEN, and east by a road running down the east side of the HOBBS field, at the death of my said son William, I give and devise the said North portion of the HOBBS tract from the big ditch, together with the adjoining piece of woodland, sixty yards wide from Jesse SANDERSONs to John FISHERs line, to my grand-daughter Lula (daughter of my son William), in fee simple and forever. I also loan to my son William the DOWDY tract of land during his natural life, said tract being bounded on the North by John FISHER, to a cypress, thence southwardly with North River to a pine, thence eastwardly to T.E. NEWBERNs line, thence Northwardly course with John FISHERs and Nathan GORDON, to the first station. I also loan to my son William my wharf and water front at Jarvisburg, adjoining the DOWDY tract of land, and being fully described in grant from the State of North Carolina to Hiram GREGORY, my said son William to keep said wharf in good repairs at his own expense and one half of the annual rent of the said wharf I give to my grand-son Hiram for education and maintainance, at the death of my son William the said wharf and water front, together with the above described DOWDY tract of land, I give and devise to my grand-son in fee simple and forever. I also give and devise to my grand-son Hiram one feather bed and my gold watch, the same to be held in trust by my friend D.W. WOODHOUSE, his heirs and assigns, untill my said grand-son Hiram is eighteen years of age. It is my will and desire in the event my son William collects a bill for board from my estate for the time that I have stayed at his house, that all the above described property that I have loaned to him during his natural life and at his death given to his children as described in this item four shall be sold and divided equal between my heirs. The South portion of the HOBBS tract from the big ditch I also give and bequeath to my grand-son Hiram, in fee simple and forever.
ITEM FIVE. After the payment of all my debts, burial expenses, expense of administration and legacies as above stated, I give and devise all my personal property not herein disposed of as follows: together with whatever amount of cash that said D.W. WOODHOUSE may have in his safe belonging to me at my death, One-fifth to my son Thomas children, One-fifth to my son Lemuel, One-fifth to my son William, One-fifth to D.W. WOODHOUSE in trust from my grand-children May, Elsie, and Pearl SCOTT, to be paid over to my grand-children May, Elsie, and Pearl SCOTT each her part as she reaches the age of twenty-one years and one-fifth to the children of my daughter Polly AYDLETT.
ITEM SIX. I hereby nominate, constitute and appoint my friend S.M. BEASLEY as executor of this my last will and testament and ask him to settle the same according to the true intent and meaning of my will. My desire is that my executor shall not give bond.
ITEM SEVEN. I hereby cancel, revoke and annul and and all other wills and codicils heretofore made by me and declare this to be my last will and testament.
In testimony whereof I the said Hiram GREGORY, has hereunto set his hand and seal this the 23rd day of December 1907.
/s/ Hiram [his x mark] GREGORY Seal
Signed, sealed, declared and published by the above named Hiram GREGORY as his last will and testament in the presence of us who at his request and in his presence have subscribed our names as witnesses thereto.
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 Hiram GREGORY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by S.M. BEASLEY the executor therein mentioned, and the due execution thereof by the said Hiram GREGORY is proved by the oath and examination of W.T. GRIGGS and J.W. FISHER 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 Hiram GREGORY that the said Hiram GREGORY in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears day of the 23d day of December 1907.
And the deponent further saith, that the said Hiram GREGORY 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 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 his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Hiram GREGORY 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/ W.T. GRIGGS Seal
J.W. FISHER Seal
Severally sworn and subscribed this 24th day of Feby. 1908 before me
/s/ E.W. ANSELL, Clerk Superior Court
APPLICATION FOR LETTERS TESTAMENTARY
Currituck County: -- In Superior Court before E.W. ANSELL
In the Matter of the Will of Hiram GREGORY, deceased
S.M. BEASLEY being duly sworn, doth say: That Hiram GREGORY, late of said county, is dead, having first made and published his last will and testament; and that S.M. BEASLEY is the executor named therein.
Further, that the property of the said Hiram GREGORY consisting of cash is worth about $1500.00, so far as can be ascertained at the date of this application; and that L.J. GREGORY, Jarvisburg, N.C., W.H. GREGORY Jarvisburg, N.C., Thos. GREGORY's children, Lemuel GREGORY, William GREGORY, May, Elsie & Pearl SCOTT, Jarvisburg, N.C., daughter Polly's children are the parties entitled under said will to the said property.
/s/ S.M. BEASLEY
Sworn to and subscribed before me, this 24 day of February 1908.
/s/ E.W. ANSELL, Clerk Superior Court
I, S.M. BEASLEY, do solemnly swear that I believe this paper writing to be and contain the last will and testament of Hiram GREGORY that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God.
/s/ S.M. BEASLEY
Sworn to and subscribed before me, this 24th day of Feby. 1908.
/s/ E.W. ANSELL, Clerk Superior Court
ORDER FOR PROBATE OF WILL
North Carolina } In Superior Court before E.W. ANSELL, Clerk
Currituck County } In re Estate of Hiram GREGORY, deceased
A paper writing purporting to be the last will and testament of Hiram GREGORY, decd., is exhibited in open court for probate by S.M. BEASLEY, executor therein named, and the due execution thereof by the said Hiram GREGORY, decd., duly proven by the oath and examination of W.T. GRIGGS and J.W. FISHER, subscribing witnesses thereto, and it is then shown to the satisfaction of the Court by said witnesses that the said Hiram GREGORY 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 Hiram GREGORY, decd. 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. Dated this the 24th day of Feby. 1908.
/s/ E.W. ANSELL, Clerk of Superior Court
S.M. BEASLEY having qualified as executor as aforesaid. Let Letters Testamentary issue accordingly. This 24th day of Feby. 1908.
/s/ E.W. ANSELL, CSC
[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!
© 2006 Kay Midgett Sheppard