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Currituck County Wills

Edmond Fletcher Humphries
Oct. 11, 1897 - Nov. 12, 1897

In the name of God, Amen.  I, Edmond Fletcher HUMPHRIES, of the County of Currituck in the State of North Carolina, do make this my last will and testament - as follows:

First - I direct that my just debts be paid as soon after my decease as conveniently may be, and to that end charge my whole estate real and personal, with the same.

Second - I give, devise and bequeath absolutely unto my beloved wife Carolina Virginia HUMPHRIES, all my estate, real and personal, of every kind, nature and description and wherever the same be situated.

Third - I nominate and appoint my said wife executrix of this my will, and desire that no security shall be required of her as such.

Fourth - I hereby revoke all previous wills and codicils hitherto made by me.

In witness whereof I have hereunto set my hand and affixed my seal, this the 11th day of October 1897.
    /s/ Edmond Fletcher HUMPHRIES    Seal

Signed and published by the said Edmond Fletcher HUMPHRIES in his life time as and for  his last will and testament in the presence of us, who in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses
     S.C. SIMMONS
     L.D. STARKE, JR.

  North Carolina  }
Currituck County}
    Whereas it has been suggested to me that Edmond Fletcher HUMPHRIES late of this county is dead, having died in Norfolk, City, Va. and that said HUMPHRIES executed a paper writing purporting to be his last will & testament in said city and that the witnesses to said will are S.C. SIMMONS and L.D. STARKE, JR. residents of Norfolk, Va. and said witnesses cannot be had in our said County and State to prove the same.
    Now therefore to L.D. STARKE, SR.  Greeting:  We reposing a special trust and confidence in your integrity I do hereby authorize and empower you to cause the said S.C. SIMMONS and L.D. STARKE, JR. to appear before you as early as convenient at such time and place as you may appoint and them on oath to examine touching the execution of said will to the end that said will may be duly probated and recorded in this state and the examinations by you taken, together with the said will, the same to transmit sealed with your seal, to the Clerk of the Superior Court of Currituck County, North Carolina.  In testimony whereof, the undersigned has hereunto set his hand, and affixed the seal of his office at Currituck this the 8th day of November 1897.
        /s/ E.W. ANSELL, Clerk Superior Court

EXAMINATION OF WITNESSES

Examination of S.C. SIMMONS and L.D. STARKE, JR., witnesses to the will of Edmond Fletcher HUMPHRIES, as to the execution thereof.

    I, L.D. STARKE, SR. of Norfolk City, Virginia, Commissioner in pursuance of the annexed commission to me directed, do certify that I did on this the 8th day of November, 1897, at my office in Norfolk City, State of Virginia, take the examination of S.C. SIMMONS and L.D. STARKE, JR., witnesses to the will of Edmond Fletcher HUMPHRIES, hereto annexed, to the due execution thereof as follows:  S.C. SIMMONS, being first duly sworn, deposes and says as follows:

Question 1 by Commissioner:  What is your name, age, residence and occupation?
Ans.  Samuel C. SIMMONS, 47 years, Norfolk City, Va., merchant

Ques. 2.  Look at the paper writing now shown you, and hereto annexed, purporting to be the last will and testament of Edmond Fletcher HUMPHRIES, and say whether the signature of S.C. SIMMONS thereto affixed as a witness is your signature, and was made by you?
Ans.  Yes sir, that is my signature.  I made it.

Ques. 3.  Did Edmond Fletcher HUMPHRIES sign that paper in your presence?
Ans.  Yes sir.

Ques. 4.  Did you sign it in his presence?
Ans.  Yes sir.

Ques. 5.  Did you and L.D. STARKE, JR., the other witness, sign it in the presence of said Edmond Fletcher HUMPHRIES and in the presence of each other and at the same time?
Ans.  Yes sir we did.  We were all together.

Ques. 6.  Did the said HUMPHRIES tell you what the paper was?
Ans.  Yes sir, he told us it was his will and requested us to witness it.

Ques. 7.  Was he of sound and disposing mind and memory?
Ans.  Yes sir, perfectly.

Ques. 8.  How long after its execution did he live?
Ans.  He died fifteen days after the execution of the will--that is, on the 26th of October, 1897.

Ques. 9.  Where did he die?
Ans.  At Saint Vincent's Hospital in the City of Norfolk, Va.

And further this deponent saith not.
    /s/ S.C. SIMMONS

L.D. STARKE, JR., the other witness to the said will, being first duly sworn, deposes and says as follows:

Question 1 by Commissioner:  What is your name, age, residence and occupation?
Answer.  L.D. STARKE, JR., 29 years of age, Norfolk City, Va., lawyer

Ques. 2.  Look at the paper writing now shown you, and hereto annexed, purporting to be the last will and testament of Edmond Fletcher HUMPHRIES, and say whether the signature of L.D. STARKE, JR. thereto affixed as a witness is your signature, and was made by you?
Ans.  Yes sir, that is my signature and was made by me.

Ques. 3.  Did Edmond Fletcher HUMPHRIES sign that paper in your presence?
Ans.  Yes sir.

Ques. 4.  Did you sign it in his presence?
Ans.  Yes sir.

Ques. 5.  Did you and the other witness, S.C. SIMMONS, sign it in the presence of the testator Edmond Fletcher HUMPHRIES and in the presence of each other at the same time?
Ans.  Yes sir -- we were all together.  HUMPHRIES signed first, and we immediately following.

Ques. 6.  Did the said Edmond Fletcher HUMPHRIES tell you what the said paper was?
Ans.  Yes sir--he declared it to be his will, and requested us to witness it.

Ques. 7.  Was he at the time of sound and disposing mind and memory?
Ans.  Yes sir--I prepared the will under his particular instructions.

Ques. _.  Where was said HUMPHRIES when he signed said paper?
Ans.  At St. Vincent's Hospital in the city of Norfolk, Virginia.

And further this deponent saith not.
    /s/ L.D. STARKE, JR.

State of Virginia}
City of Norfolk }
    I, L.D. STARKE, SR., Commissioner, do certify that the foregoing examinations of S.C. SIMMONS and L.D. STARKE, JR., as witnesses to the will of Edmond Fletcher HUMPHRIES, hereto annexed, were taken, subscribed and sworn to at the time and place above stated.
    In witness whereof, I have hereunto set my hand and affixed my official seal this 8th day of November, A.D. 1897.
        /s/ L.D. STARKE, SR.

CERTIFICATE OF A PROBATE OF A WILL

State of North Carolina}    In the Superior Court
    Currituck County     }    In the matter of the last will of Edmond Fletcher HUMPHRIES

    It appearing to the Court by the oath and examination of S.C. SIMMONS and L.D. STARKE, JR. the subscribing witnesses thereto, that the paper writing propounded by the executrix therein named, is the last will and testament of Edmond Fletcher HUMPHRIES and that the same was duly executed by said Edmond Fletcher HUMPHRIES in the presence of said witnesses and that at the time of signing the same the said Edmond Fletcher HUMPHRIES was of sound mind.  It is thereupon adjudged that the said paper writing be admitted to probate as the last will and testament of the said Edmond Fletcher HUMPHRIES and the executrix therein named qualify as such.  This the 12th day of Nov. 1897.
    /s/ E.W. ANSELL, Clerk of the Superior Court

EXECUTOR'S OATH

  North Carolina  }        SS. In the Superior Court
Currituck County }
    I, Carolina Virginia HUMPHRIES, do solemnly swear (or affirm) that I believe this paper writing to be and contain the last will and testament of Edmond Fletcher HUMPHRIES deceased; and 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 that I will well and faithfully execute the office of an executrix agreeable to the trust and confidence reposed in me, and according to law, so help me God.
    /s/ Carolina Virginia HUMPHRIES
        Sworn and subscribed before me, this 12th day of November 1897.
            /s/ E.W. ANSELL

[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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