Return to Currituck Co.
Currituck County Wills
Nov. 25, 1874 - June 10, 1880
In the name of God Amen:
I Malachi JONES of the County of Currituck and State of North Carolina being of sound disposing mind and memory do make publish and declare this to be my last will an testament in manner an form as follows.
Item. I give and bequeath unto my wife Sarah JONES during her natural life the home tract wheron I now live, one bed & furniture her choice also one wooden rocking chair.
Item. I give and bequeath unto my daughter Angeline BALLANCE one certain piece of land beginning at the Sound side Caleb BALLANCEs line running southwardly along the sound to the middle of a ditch that emptys or leads into the Sound thence up the centre of the ditch to a crook in the ditch thence across the field a strait line with that part of the ditch hertofore made a boundery across the field to the woods thence through the woods by a line of marked trees to Coinjock Bay thence northwardly with the Bay to Caleb BALLANCEs line, thence with his line to the first station. To her and her heirs forever.
Item. I give unto my son William K. JONES the residue of the tract of land known as the WHITE land, also after the death of my wife the tract of land that I have hertofore loaned here and all the marsh land that I own, except that piece included in the piece in the land which I have given to my daughter Angeline. To him and his heirs forever.
Item. I give unto my said son Wm. K. JONES one bed & furniture second choice 1 rocking chair one chest and all my carpenter tools.
Item. It is my will and desire that all the rest and residue of my property of whatever description be equally divided between my wife Sarah JONES my daughter Angeline BALLANCE and my son Wm. K. JONES.
In witness whereof I have hereunto set my hand and affixed my seal this November 25th 1874.
/s/ Malachi JONES Seal
Signed sealed published and declared by the testator in our presence & in the presence of each other to be his last will and testament and in his presence & in the presence of each other we have hereunto subscribed our names as witnesses thereto
/s/ Samuel E. CREEKMORE
Currituck County } In Probate Court June 10th 1880
A paper writing purporting to be the last will of Malachi JONES is exhibited for probate and the execution thereof duly proved by the oath and examination of A.O. DEY, a subscribing witness thereto, and it appearing on said examination that said Malachi JONES was of full age to make a will and of sound mind and disposing memory and under no restraint or undue influence and declaring in presence of said witness, when he signed his name to said paper writing, that the said paper writing so signed and witnessed was his last will and testament.
Therefore it is ordered, adjudged and decreed that the said paper writing thus exhibited and proved be and is hereby declared to be the last will and testament of the said Malachi JONES.
Let the same with this decree be recorded and filed.
/s/ H.B. ANSELL
Recorded in Will Book No. 5 pages 73 & 74
North Carolina } In Probate Court
To the Probate Judge of Currituck County:
Sir the paper writing now filed in the office of Clerk of the Superior Court of said County purporting to be the last will & testament of my deceased husband, Malachi JONES, dated November 25th 1874, signed by my said husband and witnessed by A.O. DEY and Samuel E. CREEKMORE, I hereby dissent from said will and testament as regards the provisions
for menamed therein for me, and every part thereof, and ask for my portion in said Malachi JONES estate, that I am entitled to by the laws of this State respecting dissenting widows just the same as I should have been entitled to in case there had no will left. June 10th 1880.
/s/ Sarah [her x mark] JONES
Wm. H. BRAY
North Carolina } SS. In Probate Court
A paper writing purporting to be the last will and testament of Malachi JONES, deceased, is exhibited before me, the undersigned Judge of Probate for said County by A.O. DEY in whose hands it was left by said Malachi JONES, dec'd., for safe keeping, and the due execution thereof by the said Malachi JONES is proved by the oath and examination of A.O. DEY, one of the subscribing witnesses thereto who being duly sworn, doth depose and say, that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Malachi JONES, deceased, that the said Malachi JONES in the presence of this deponent subscribed his name at the end of said paper writing which is now shown as aforesaid, and which bears date of the 25th day of November 1874.
And the deponent further saith, that the said Malachi JONES, 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 and of said will as an attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of the deponents subscribing his name as an attesting witness thereto, as aforesaid, the said Malachi JONES 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. June 10th 1880.
/s/ A.O. DEY
Sworn & subscribed to before me the 10th day of June 1880.
/s/ H.B. ANSELL, P.J.
[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!
© 2006 Kay Midgett Sheppard