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Banister H. Jarvis
May 17, 1872 - July 13, 1878

I Banister H. JARVIS of the County of Currituck State of North Carolina being of sound mind and memory thank bee to allmity God but considerin the uncity of my life do make this my last will an testament in maner an form as followes revoking all others.

First Item}  I lend to my two suns Thos. J. JARVIS an George N. JARVIS my land on the west side of the main rode an at thare death I give it to thare children.  Thos. an George may divide as best sute them selves.

Item 2nd}  I lend to my daughter Margret D. FORBES wife of Jackson FORBES durin hir life an at her death I give it to hir children that part of my land on the east side of the main rode begining at a post joining the land of the heirs of W.A. JARVIS & runing down said main rode to a post thence an eastley cours by a line of markd post to the woods though the woods by a line of markd trees to the Gar gut thence down the Gut to deep Creek along deep Creek to the line of said heirs of W.A. JARVIS & thenc a westly course to the first station with all the improvements that be on it my death.

Item 3rd}  I lend to my dughter Elizabeth M. HAPPER the ballance of all my land on the east side of the main rode after taking out the lot where my stables an barn stands one huner feet square that is to belong to the land on the west side of rode during hir natul life an then I give it to hir children.

Item 4th}  I give to my daughter an Carline HARISON the wife of Joshua HARISON five hundrd dollar to make hir even with my other children to be paid in hir own notes I hold against them with out any interest on them then all my other property such as horse an mule and cattle sheep house hold furniture to be sold for cash on six month credit as you children think best my money and notes all to be eaquly divided between my children or thare children.  I make an appoint my two suns Thos. J. JARVIS an George N. JARVIS my exetor to this my last will and my dear children I by each one of you not to quarel over what I leave be haved live like brothers an sisters.  This May the 17, 1872.
            /s/ B.H. JARVIS    Seal

 

State of North Carolina}
     Currituck County    }
    T.T. WHITCOMB, Elijah EVANS and Thos. T. GREGORY being duly sworn deposeth & saith each for himself, that they knew B.H. JARVIS in his life time, that they frequently saw him write and that they are acquainted with his hand writing, that they have examined the paper writing produced in Court by Thos. J. JARVIS & Geo. N. JARVIS purporting to be the last will and testament of B.H. JARVIS, dec'd. and that they verily believe the said paper writing and every part thereof including the signature of the said B.H. JARVIS, to be in the own proper hand writing of the said B.H. JARVIST.T. WHITCOMB further deposeth and saith that he was present when the trunk containing the money notes accounts &c. was opened on the 12 of July 1878 and assisted in the examination of the said papers and that he found the said paper writing purporting to be the last will and testament of said B.H. JARVIS among the money notes &c. of the said B.H. JARVIS.  And further these deponents saith not.
    /s/ T.T. WHITCOMB
        Elijah EVANS
        Thomas T. GREGORY
Sworn & subscribed to before me this 13th July 1878
    /s/ A.O. DEY, C.S.C.

State of North Carolina}
    Currituck County     }
    Thos. J. JARVIS & Geo. N. JARVIS being duly sworn depose & saith that on the 12th of July 1878 they made an examination of the papers money accounts &c. belonging to the late B.H. JARVIS and that on the said examination they found a paper writing purporting to be his last will and testament deposited in a small box with the notes money and accounts of said B.H. JARVIS which said small box was securely locked and placed inside of a trunk which was locked, and that the said trunk was the only place in which they found any valuable papers or money belonging to said decedent.  The said paper writing bears date May 17th 1872.
    /s/ Thos. J. JARVIS
        Geo. N. JARVIS
Sworn & subscribed to before me this July 13th 1878
    /s/ A.O. DEY, C.S.C.

State of North Carolina}
    Currituck County     }
    A paper writing without witnesses purporting to be the last will and testament of B.H. JARVIS is offered for probate and T.T. WHITCOMB Elijah EVANS & Thomas T. GREGORY being duly sworn declared each for himself and the said Thos. J. JARVIS & Geo. N. JARVIS being duly sworn deposes & saith that the said paper writing purporting to be the last will and testament of B.H. JARVIS, was found by them among the valuable papers of the said B.H. JARVIS, that is to say, it was found in a small box with the decedents notes accounts and money securely locked, the said box containing the said valuables being locked within a trunk kept by said decedent.  T.T. WHITCOMB Elijah EVANS & Thomas T. GREGORY being duly sworn declared each for himself that they knew the said B.H. JARVIS, that they had seen him frequently write, that they know his hand writing and that the paper writing purporting to be the last will and testament of said B.H. JARVIS and signed by him, is in the hand writing of the said B.H. JARVIS the signature and every part of the said paper writing is in his own proper hand writing and further these deponents saith not.  T.T. WHITCOMB for himself further saith that he was present when the trunk containing the money notes and accounts of said B.H. JARVIS was opened, and that the paper writing purporting to be the last will and testament of B.H. JARVIS was found safely deposited with the notes & money and other valuable papers of said B.H. JARVIS.
    It is therefore adjudged and decreed that the said paper writing purporting to be the last will and testament of B.H. JARVIS was found amongst his valuable papers and that the same and every part thereof is the last will and testament of said B.H. JARVIS, the same is ordered registered and filed.  July 13, 1878.
    /s/ A.O. DEY    Probate Judge

Recorded Pages 56, 7, 8, 9 [no book number given]

[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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2006 Kay Midgett Sheppard