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Currituck County Wills

James E. Lee
Nov. 20, 1899 - Oct. 10, 1913

In the name of God, Amen.

I, James E. LEE of the County of Currituck and State of North Carolina, being of sound and disposing mind and body but considering the uncertainty of my life here, do make this to be my last Will and Testament as follows:

First that my executors hereinafter named after giving my body a decent burial, shall pay all funeral expenses and all just debts, if any, that I may owe out of my personal estate.

I - Item: I give and devise to my beloved wife, Julia Ann LEE all of my lands and real estate that I may die seized and possessed of, to have and to hold and to manage the same during the term of her natural life, for her comfort and support in satisfaction for and in lieu of her dower & thirds in my real estate.

 II - Item: I give and bequeath to my three grand-children to wit: Mamie BELL, Annie BELL and Wilson BELL, children of my deceased daughter Virginia C. BELL, the following described lands, except the life estate of my beloved wife devised in the item above.

First a part of the BAXTER tract of about two hundred & five acres, also adjoining this is added a sixteen acre piece of the Lonny LEE tract making two hundred and twenty one acres or there abouts bounded as follows: Beginning at a bridge at the corner of the lands of E.W. SANDERLIN, thence N. 86 ˝ degrees W. 9.26 chains to a ditch thence with this ditch N. 83 ˝ degrees W. 27.60 chns, thence with said ditch N. 36 ˝ degrees W. 3.40 chns., thence with the ditch N. 48 degrees W. 2.53 chns., thence with the same ditch N. 27 degrees W. 6.10 chns., (all these lines bind the SANDERLIN lands) thence S. 17 ˝ degrees W. binding said SANDERLIN and the lands of W.S. MERCER 73 chns. to Rolling Creek, thence an easterly course binding said creek to a marked Cypress tree near Church Landing, thence N. 10 ˝ degrees E. 44.83 chns. to the Jas. E. LEE road, thence N. 6 degrees W. 7.18 chns. to a ditch, thence with the ditch S. 88 degrees E. 25.60 chns to said LEE road, thence with said road N. 23.40 chns. to the beginning.  I also give these grand children a portion of the Lonnie LEE woodland tract, separate from the last described tract; beginning at a corner sweet gum in a slough, the corner of the BRIGHT land, thence S. 24 degrees W. 2 chns. to the high land thence S. 54 degrees E. binding the highland 4 chns., thence S. 26 degrees E. 7.31 chns., thence through the woods by a line of marked trees an easterly course to a marked pine at Beaver Gut.  Acres not known of this tract.  I also give these grand children the tract of land I purchased of Branson BELL, it being the tract my father, Moses LEE once owned containing about fifty acres, to have and to hold the same tracts to them and their heirs in fee simple forever.

III - Item: I give and bequeath to my son J.D. LEE reserving the life estate of my wife as aforesaid herein, the following tracts of land: 1st. The BRIGHT tract of ninety acres or thereabout, bounded by the MORSE land and others.  2nd. The Enoch BELL tract of fourteen acres, bounded by the BRIGHT road and the land of the heirs of Bertstrand FULFORD & others. 3rd. My home-stead tract of fifty three acres, more or less to him and his heirs in fee simple forever.

IV - Item: I give and bequeath to my son Moses LEE, excepting the life estate of my wife as aforesaid, the following described tract of land, it being a part of the BAXTER tract and containing about two hundred & fifty acres, bounded as follows: beginning at a marked Cypress near Church Landing, thence N. 10 ˝ degrees E. 44.83 chns., to a road, thence N. 6 degrees W. 7.18 chns to a lead ditch, thence S. 88 degrees E. 19.80 chns. to a cross ditch, thence with said ditch S. 3 degrees E. 20.26 chns, to another ditch, thence S. 81 ˝ degrees E. 7.25 chns to another ditch, thence S. 15 degrees W. 29 chns to the back fence, thence with said fence S. 84 degrees E. 6.20 chns, thence N. 15 degrees E. 9.62 chns. to Oak Landing road, thence down said road its various courses to Oak Landing in Tulls Creek, thence with Tulls Creek and Rolling Bridge Creek to the first station to have and to hold the same to him and his heirs in fee simple forever.

V - Item: I give and bequeath to my son J.J. LEE, except my wife’s life estate in the same, the following lands, it being the balance of the BAXTER tract and also the balance of the Lonnie LEE tracts, both of these pieces of land join each other and the whole is bounded as follows: beginning at the corner of the E.W. SANDERLIN tract on the LEE road, thence a southerly course binding the lands given to my grand children and my son Moses LEE in the various courses of their lines to Oak Landing in Tulls Creek, thence with Tulls Creek a Northerly course to the mouth of Beaver Gut, thence westerly up said gut to a marked pine, thence binding the woodland given to my grand children its various courses to the corner of the BRIGHT land, thence running with the Jas. E. LEE home tract to the beginning at a bridge, to have and to hold the same to him and his heirs in fee simple forever. 

VI - Item: All of my chattel estate, of money, bonds, notes, accounts, house-hold & kitchen furniture farm implements, provision on hand, all kinds of stock, in short every kind of chattel property that I may have at my death, I leave it all to my wife Julia Ann LEE to be used by her for her support and maintenance and for her comfort during her life time, and after her death whatever of such estate that may be remaining on hand, my will and desire is that the same be divided among my heirs as follows: one fourth part thereof to my three grand children before mentioned, and one fourth part to each one of my sons, Moses LEE, J.D. LEE and J.J. LEE to them and their heirs forever. This item however is not to be construed as to hinder my debts to be paid out of my chattel estate.

VII - Item: The following roads and Landings are to used in common by all of my heirs.
    1st. the road that commences at the main road & running by my house to J.J. LEE’S.
    2nd. The road that runs from or near the brick-hole to and by Moses LEE, thence to J.J. LEE’s place. The landings are the Church Landing and the Oak Landing. Also the burial ground on the BRIGHT tract is excepted in these gifts and is left to be held in common by all the heirs for their use. Also my grand children are hereby given a right of way from the LEE around the Branch to their timbered herein given.

And lastly, I do hereby appoint my three sons, Moses LEE, J.D. LEE and J.J. LEE my lawful executors to execute this my last will and testament hereby revoking all former wills by me made.

In witness whereof I, the said James E. LEE do hereunto set my hand and seal, this the 20 day of November, 1899.
    /s/ James E. [his x mark] LEE

Signed, sealed published and declared by the said James E. LEE to be his last will and testament in the presence of us, who at his request and in his presence do subscribe our names as witnesses.

Witness
    /s/ P.H. FLORA
    /s/ Manly WEST

PROBATE OF WILL

States of North Carolina }    SS.  In the Superior Court
      Currituck County      }
   
A paper purporting to be the last Will and Testament of James E. LEE, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Moses LEE, J.D. LEE and J.J. LEE the executors therein mentioned, and the due execution thereof by the said James E. LEE, is duly proven by the oath and examination of P.H. FLORA and Manley WEST the subscribing witness thereto; who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him, purporting to be the last Will and Testament of James E. LEE that the said James E. LEE in the presence of this deponent subscribed his name at the end of the said paper-writing which is now shown as aforesaid, and which bears date of the 20th day of November 1899.
    And the deponent further saith, that the said James E. LEE 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 end of said Will, as an attesting witness thereto, and at the request and in the presence of said testator. And this deponent further saith, that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as an attesting witness thereto, as aforesaid, the said James E. LEE was of sound mind and memory, of full age to execute a Will, and wan not under any restraint, to the knowledge, information or belief of this deponent: And further these deponents say not.
    /s/ P.H. FLORA
    /s/ Manly WEST

Severally sworn and subscribed, this 10th day of Oct. 1913, before me.
    /s/ E.W. ANSELL, Clerk Superior Court

It is therefore considered and adjudged by the Court, that the said paper-writing and every part thereof is the last Will and Testament of James E. LEE deceased. Let the said Will, together with the probate, be recorded and filed.  This 10th day of October 1913.
    /s/ E.W. ANSELL, Clerk Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

Currituck County:  In the Superior Court - In the Matter of the Will of James E. LEE, deceased
   
Moses LEE one of the executors being duly sworn, doth say: That James E. LEE, late of said County, is dead, having first made and published his last Will and Testament: and that MOSES LEE is one of the executors named therein.
     Further, that the property of the said James E. LEE consisting of money, one mule, farming utensils & household & kitchen furniture is worth about $200.00 so far as can be ascertained at the date of this application; and that Moses LEE Tulls, N.C., J.J. LEE Tulls, N.C., J.D. LEE, Moyock, N.C., Mamie E. SANDERSON, Moyock, N.C., Annie E. BELL Mundens, Va., W.H. BELL, Tulls, N.C. are the parties entitled under said will to the said property.
    /s/ Moses LEE

Sworn to and subscribed before me, this 10th day of Oct. 1913.
    /s/ E.W. ANSELL, Clerk Superior Court

EXECUTOR'S OATH

  North Carolina }
Currituck County}
    I, Moses LEE do solemnly swear that I believe this paper writing to be and contain the last will and Testament of James E. LEE 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 al other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God.
    /s/ Moses LEE

Subscribed and sworn to before me, this 10th day of Oct. 1913.
    /s/ E.W. ANSELL, Clerk Superior Court

This will was contributed by Judy 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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© 2007 Kay Midgett Sheppard