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Currituck County Wills
In the name of God Amen. I James GUARD of the County of Currituck and State of North Carolina, being week in bodily health but strong and Sound in mind and memory and knowing the certainty of death and the uncertainty of life therefore I do make and ordain this my last will and testament, by first of all recommending my Soul unto the hands of allmighty God who gave it and my body to be decently buried at the discresion of my wife and as to the worldly substance which it has pleased God to bestow on me I give and dispose of in manner and form as follows:
Item 1st I gave to my wife Sarah E. GUARD all of my goods and chattle in dors and out consisting of Negroes and Stock of all kind I allso gave to my wife all my land and tenements I gave her every thing I possess on earth so long as she lives for her to live on and maintain
my children. Nothing to be disposed of only for Support of my wife and my three children. After my wife's death my substance then to be sold by my Son James GUARD and the proseeds to be equally divided between James, Banister and John. I have hearto unto witnessed my hand and and the day of the month above mentioned signed sealed and delivered in the presence of
Elizabeth [her x mark] WILLIAMS
/s/ James GUARD
Currituck County Court - May Term 1852
A paper writing purporting to be the last will and testament of James GUARD decd was exhibited in open court and the execution of the same was proved by the Oath of Willis TILLETT one of the subscribing witnesses thereto, who proved said GUARD signed published and declared said paper writing as his last will and testament - that said TILLETT signed said paper writing at his request and in his presence and at the time there of was of sound disposing mind and memory. Ordered, adjudged said paper writing be and is hereby admitted to probate as a last will and testament passing personal seal and mixed property.
Attest: B.T. SIMMONS C.C.C.
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© 2011 Kay Midgett Sheppard