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Currituck County Wills

James G. Gregory, Sr.
May 16, 1900 - Aug. 16, 1904

IN THE NAME OF GOD, AMEN.

I, James G. GREGORY SR. of the County of Currituck, State of North Carolina, being in good health of body and of sound mind, memory, and understanding do make this my last Will and Testament in manner and form following:

Item 1.  It is my will and desire that my Executor hereinafter mentioned shall, out of the first moneys coming into his hands, belonging to my estate, pay all the indebtedness against me including the burial expenses of my body.

Item 2.  I give, devise, and bequeath to my son, Wiley B. GREGORY one-half of my estate of every kind both real, personal, and mixed property of whatever nature or kind, whatsoever or wheresoever the same shall be at the time of my death. The other one-half of my said property I give, devise, and bequeath to my son, Wiley B. GREGORY, to have, hold, use, manage, and control the same as to him it may seem best, and that he shall out of the profits arising from the same, or the interest upon the same, or rents from the same, pay to my son, James G. GREGORY, JR. such rents, profits, and interest as he may derive from said property, the same to be paid to my said son, James G. GREGORY, JR., during his life, and at the death of my said son, James G. GREGORY, Jr. my will and desire is that my son, Wiley B. GREGORY, shall convey the said undivided one-half of my said property given to him in trust to the children, or the issue of such, of my son, James G. GREGORY should there be any living at the death of my said son, James G. GREGORY, JR. and in the event that my son, James G. GREGORY, JR. shall die without children, or the issue of such, then and in that event the one-half held by my son, Wiley B. GREGORY, in trust as aforesaid shall be the property of my said son, Wiley B. GREGORY and he shall retain the same in fee simple. 

Item 3.  In the event of the death of my son, Wiley B. GREGORY, before the death of my son, James G. GREGORY, JR., then and in that event, I desire that the Court shall appoint a discreet person in the place of my said son, Wiley B. GREGORY, who shall hold and manage the property as provided for my said son, Wiley B GREGORY and from the proceeds pay over to my son, James G. GREGORY, JR. as set out above the rents, profits, and interest.  It being my will and desire that no title to any of the property that I own shall pass to and be vested in my son, James G. GREGORY, JR. and he shall have no right to any of said property but only to the rents, profits, and interest as aforesaid, after the payments of the taxes and keeping the property in repairs.

Item 4.  I hereby direct that my son, Wiley B. GREGORY, shall keep the property hereby given him in trust in good repair and the taxes paid from the sane out of the profits, rents, and interest before paying to said James G. GREGORY, JR. any part of said rents, profits, and interest.

Item 5.  I do hereby nominate, constitute, and appoint my son, Wiley B. GREGORY, Executor of this my last Will and Testament hereby revoking and making void every other Will or Wills at any time heretofore made by me, and do declare this to be my last Will and Testament.

IN WITNESS WHEREOF, I, the said James G. GREGORY, SR. have hereto set my hand and seal this the 16th day of May 1900.
    /s/ James G. [his x mark] GREGORY SR.    Seal

Signed, sealed, declared, and published by the above named James G. GREGORY, SR. as and for his last Will and Testament in the presence of us, who at his request and in his presence have subscribed our names as witnesses thereof.

Witness.
    P.H. WILLIAMS
    E.F. AYDLETT

PROOF OF WILL AND EXAMINATION OF WITNESSES THERETO

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

     A paper writing purporting to be the last will and testament of James G. GREGORY, SR., deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Wiley B. GREGORY the executor therein mentioned, and the due execution thereof by the said James G. GREGORY, SR. is proved by the oath and examination of P.H. WILLIAMS and E.F. AYDLETT 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 James G. GREGORY, SR. that the said James G. GREGORY, SR. 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 16th day of May 1900.
     And the deponent further saith, that the said James G. GREGORY, SR. 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 James G. GREGORY, SR. 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/ P.H. WILLIAMS      Seal
         E.F. AYDLETT          Seal

Severally sworn and subscribed this 13th day of Aug. 1904 before me
    /s/ E.W. ANSELL, Clerk Superior Court

EXECUTOR'S OATH

  North Carolina  }    SS.  In the Superior Court
Currituck County}
    I, Wiley B. GREGORY, do solemnly swear that I believe this paper writing to be and contain the last will and testament of James G. GREGORY, SR. 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/ Wiley B. GREGORY
        Sworn to and subscribed before me, this 13th day of August 1904.
            /s/ E.W. ANSELL, Clerk Superior Court

ORDER FOR PROBATE OF WILL

  North Carolina    }    In Superior Court before the Clerk
Currituck County  }    In re Estate of James G. GREGORY, dec'd.

     A paper writing purporting to be the last will and testament of James G. GREGORY, SR., decd., is exhibited for probate by Wiley B. GREGORY, executor therein named; and the due execution thereof by the said James G. GREGORY, SR., decd., duly proven by the oath & examination of P.H. WILLIAMS and E.F. AYDLETT, subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said James G. GREGORY, SR. 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 & decreed that said proof is sufficient and that said paper writing is and contains the last will & testament of James G. GREGORY, SR, decd.  And it is ordered that said will be admitted to probate and recorded in the Book of Wills of said County and as such filed as provided by law in the office of Clerk Superior Court of said county.
    It is further ordered that said Wiley B. GREGORY be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.  This Aug. 13th 1904.
     /s/ E.W. ANSELL, Clerk of Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

Currituck County: -- In Superior Court before E.W. ANSELL
In the Matter of the Will of James G. GREGORY, dec'd
    Wiley B. GREGORY being duly sworn, doth say: That James G. GREGORY, late of said county, is dead, having first made and published his last will and testament; and that Wiley B. GREGORY is the executor named therein.
    Further, that the property of the said James G. GREGORY consisting of notes, money in bank at E. City, hogs, cattle, household & kitchen furniture, farming implements & corn & provision is worth about $3050.00 so far as can be ascertained at the date of this application; and that Wiley B. GREGORY, Shawboro, N.C. & James G. GREGORY, Shawboro, N.C. are the parties entitled under said will to the said property.
    /s/ Wiley B. GREGORY
        Sworn to and subscribed before me, this 13th day of Aug. 1904.
            /s/ E.W. ANSELL, Clerk Superior Court

PETITION FOR ORDER TO SELL PERSONAL PROPERTY FOR CASH

State of North Carolina    }    In the Superior Court
    Currituck County         }    Wiley B. GREGORY, Exr. of Jas. G. GREGORY, SR., Dec'd.

Petition of Wiley B. GREGORY, Exr. of Jas. G. GREGORY, SR., deceased, showeth that:
    1st.  That it would best subserve the interests of the devisees and legatees and creditors of the estate of said Jas. G. GREGORY, Dec'd., to sell the personal property belonging to said estate for case, because said property would sell for about the same in cash as on a credit of six months, and because moreover the majority of the bidders at any proposed sale will probably be unable to give solvent bonds.
    2nd.  There is not much of the personal property to be sold.
Wherefore your petitioner prays for an order allowing him to sell said property for cash.
    /s/ E.F. AYDLETT, Atty. for Petitioner

ORDER

State of North Carolina    }    In the Superior Court
    Currituck County         }    Wiley B. GREGORY, Exr. of Jas. G. GREGORY, SR., Dec'd.

    It appearing that Wiley B. GREGORY, Exr. of Jas. G. GREGORY, SR., has filed in his office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of the said Jas. G. GREGORY, SR., deceased, for cash.
    It is ordered and adjudged that the said Wiley B. GREGORY, Exr. of Jas. G. GREGORY, deceased shall have license to sell said property to the highest bidder, for cash, "after twenty days' notification posted at the Court House and four other public places in Currituck County." subject however to the confirmation of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property "on account of the insufficiency of the amount bid."
    It is further ordered, that said Wiley B. GREGORY, Exr. of Jas. G. GREOGRY, SR., Dec'd., as aforesaid, make return of the proceeds of said sale to this Court.  This 16th day of Aug. 1904.
    /s/ E.W. ANSELL, Clerk of the 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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