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Currituck County Wills

John C. Hetfield
Feb. 4, 1857 -  Aug Term 1857
Currituck Co. Will Book 4 ; pg. 219-221
[see image on Family Search]

Currituck County Court - August Term 1857

Eliza Ann HETFIELD Exparte - In the matter of John C. HETFIELDs will.

   A paper writing purporting to be the last will and testament of John C. HETFIELD now deceased, and to be executed by him as for such last will and testament and to be witnessed by E.W. JONES and Caleb D. WHITE two competent witnesses is produced in open court by Mrs. Eliza Ann HETFIELD, executrix therein named and is offered for probate in common form as the last will and testament of said John C. HETFIELD deceased and thereupon said witnesses being duly sworn depose and say that they saw said John C. HETFIELD sign & seal and heard him publish and declare said paper writing as and for his last will and testament: that at the time of such signing sealing, publishing & declaring, he said HETFIELD was of sound and disposing mind & memory: that, at the same time they signed the same in his presence and at his request and in the presence of each other, as subscribing witnesses thereto: It is thereupon considered by the court that said paper writing be and it hereby is admitted to probate, in common form as the last will and testament of said John C. HETFIELD, at the same time Eliza Ann HETFIELD qualified as executrix.  Let said will be recorded:  It is further considered by the court that the heirs at law and next of kin of John C. HETFIELD had he died intestate, are Oliver S. HETFIELD & wife Mary in said Maryís right, Abel HETFIELD, Samuel HAZARD and wife Abigal HAZARD in right of said Abigal, Ichabod S. BARNARD & wife Amy in right of said Amy, Morris HETFIELD & Sarah HETFIELD all of whom it is shown are non residents of this state: and it is therefore ordered, that the and said paper writing be proved as a will in solemn form the said executrix constitute a case on the docket at the instance as alleged executrix of said John C. HETFIELD, offering said will for probate in solemn form: and that publication be made for six weeks in the Democratic Pioneer for said non residents heirs, to come in and see proceedings at next term of this court, and make themselves parties and make up an issue on such proceedings will be had in the premises as to justice appertains.

   In the name of God Amen.  I John C. HETFIELD of the County of Currituck and State of North Carolina being somewhat weak in body but sound in mind knowing there is a time for all men to die do make and constitute this instrument of writing to be my last will and testament revoking all others made by me this the fourth day of February in the year of our Lord one thousand eight hundred and fifty seven as follows viz.

   1st I give and bequeath my body to the ground to be decently buried & my soul to God hoping through the intercession of the blessed redeemer to receive its inheritance.

   Item 2nd I give & bequeath to Mary Elizabeth DEY wife of B.S. DEY a piece of marsh land near Gibbs Woods I bought of Caleb SIMMONS containing twelve acres more or less, the deed from SIMMONS to me will explain the situation of the land to her and her heirs & assigns forever in fee simple.

   Item 3rd I give and bequeath to Mary E. DEY wife of B.S. DEY the SHEPHERD tract of land or farm so called containing three hundred acres subject to the widow Nancy ETHERIDGEís yearly right of dower during her life, to her and her heirs and assigns forever in fee simple.

   Item 4th I give and bequeath to my beloved wife Eliza Ann HETFIELD all of my real estate, that is land of any kind high or low improved or not, that I have not given away or sold & also all the land that I am owner of in Currituck County N. Carolina at my death to her & her heirs & assigns forever in fee simple.

   Item 5th I give and bequeath to my beloved wife Eliza Ann HETFIELD all of my personal estate that is in Currituck County North Carolina at my death of any kind whatsoever, say money, notes, negroes, stock etc. in fee simple to her and her heirs and assigns forever to her only proper use and behoof.   

   I constitute & appoint my beloved wife Eliza Ann HETFIELD sole executrix & manager of this my last will & testament to pay my debts out of such part of the property as she may thing proper. She can have a sale of any part of the above named property as she may think proper & do all things as she may think best unobstructed by any body & for the purpose above named. In witness whereof I have hereunto set my hand & affixed my seal in the presence of the Deity the day and year above written.

    /s/ John C. HETFIELD

Witness
    E.W. JONES
    Caleb D. WHITE

Elizabeth A. HETFIELD Executrix
                      vs
Oliver S. HETFIELD & wife Mary
Abel HETFIELD                                                                           
 Currituck County Court
Samuel HAZARD
& wife Abigal                                                     November Term 1857
Ichabod S. BARNET
[Barnard in another place] & wife Amy
Morris HETFIELD
& Sarah HETFIELD
   
Heirs at Law and next of kin of John C. HETFIELD deceased

Probate of a script purporting to be the last will & testament of John C. HETFIELD
   
In this case the court doth declare that publication has been duly made for the dependants for six weeks to be and appear at this term, and see proceedings herein etc and they being solemnly called and failing to appear by themselves or attorney, it is declared that they are effected by notice, and the cause is ordered to proceed: Whereupon said Executrix offers for probate a paper writing as John C. HETFIELDs last will & testament in the following letters & figures to wit.  [The will is then repeated and Eliza Ann Hetfield qualifies as executrix.]

Recorded:  J.W. BAXTER, CCC

[NOTE:  According to tombstone inscriptions, John C. Hetfield was born in Elizabethtown, N.J. on Apr. 22, 1782 and died in Currituck Co. on Aug. 4, 1857.  His wife, Elizabeth A. Hetfield, daughter of John & Abiah Williams, was born in Currituck Co. on Dec. 27, 1794 and died on Apr. 9, 1885.  The Hetfield family was in Currituck County as early as 1830.  They were listed as "Hatfield" in the 1850 and "Hetfield" in the 1860 census.]

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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