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Currituck County Wills

D. C. Lindsey
July 25, 1901 - Aug. 5, 1901

Know all men by these presents, that I, D.C. LINDSEY of the County of Currituck and State of North Carolina being in ill health but of sound mind and memory, do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made.  And as to my worldly estate, and all the property, real, personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose hereof in the manner following, to wit --

All my just debts and funeral expenses shall first, by my executor hereinafter named, be paid out of my estate as soon after my decease as shall by him be found convenient.

I give, devise, and bequeath to my son D.W. LINDSEY the north part of my tract of land on Narrow Shore beginning at the north gate post at the water, thence westwardly across the field parallel with the dividing line between myself and the Robert WHITE, deceased, tract to a ditch said ditch being the boundary line of a piece or parcel of land conveyed by me to my said son, thence southwardly and westwardly with said ditch across the public road to the South west corner of said D.W. LINDSEYs land opposite the parallel line from the north gate post at the water, thence westwardly same course through the woods and swamp in my west line, to have and to hold the same his heirs and assigns to their only use and behoof forever.

I give, devise, and bequeath to my daughter Sarah S. GALLOP the south part of my said tract of land on Narrow Shore, beginning at the water on Currituck Sound opposite and parallel with the north line of a piece or parcel of land conveyed by me to J.L. GALLOP and wife, thence westwardly across the field binding said line straight through the woods and swamp to my west line, to have and to hold the same, their heirs executors administrators and assigns to their only use and behoof forever.

I give, devise and bequeath to my youngest daughter Neva B. OWENS that portion of said tract adjoining that bequeathed to my daughter Sarah S. GALLOP beginning at the mouth of the lead ditch at the water, thence westwardly with said ditch to its head near the public road, thence parallel with said ditch to the public road, thence northwardly with said road, the same distance from J.L. GALLOPs line that it is from the mouth of said lead ditch at the water, to that portion bequeathed to my daughter Sarah S GALLOP, thence westwardly through the woods and swamp parallel with the south line to my west line, to have and to hold the same their heirs executors and assigns to their only use and behoof forever.

I give, devise, and bequeath to my daughter Virginia A. HARRISON the mansion? or remainder of my said tract of land on Narrow Shore together with the dwelling whereon I now live and its appurtenances thereto belonging, to have and to hold the same to her, the said Virginia HARRISON her heirs executors administrators and assigns to their only use and behoof forever.

All the rest and residue of my estate, real, personal, and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, I give, devise, and bequeath to be sold and after all my just debts are paid, to be equally divided between and among my said heirs, share and share alike, to D.W. LINDSEY, one fourth, one fourth to Virginia A. HARRISON, one fourth to Sarah S. GALLOP, one fourth to Neva C. OWENS.

And lastly I do nominate and appoint my son, D.W. LINDSEY, to be the executor of this my last will and testament.

In testimony whereof I the said D.C. LINDSEY, have hereunto set my hand and seal this 25th day of July 1901.
    /s/ D.C. LINDSEY    Seal

Signed, sealed, published and declared as and for his last will and testament by the above named testator in our presence, who have at his request, and in his presence, and in the presence of each other signed our names as witnesses thereto
     S.M. BEASLEY
     D.W. WOODHOUSE

PROBATE OF A WILL

  North Carolina }    In the Superior Court before E.W. ANSELL, Clerk
Currituck County}   In Re Estate of D.C. LINDSEY, deceased
    A paper writing purporting to be the last will and testament of D.C. LINDSEY, dec'd, is exhibited in open court for probate by D.W. LINDSEY the executor therein named; and the due execution thereof by the said D.C. LINDSEY, dec'd, is duly proven by the oath and examination of S.M. BEASLEY and D.W. WOODHOUSE subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said D.C. LINDSEY was, at the time of making said will, of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information, or belief:
     It is thereupon considered, adjudged, and decreed, that said proof is sufficient and according to law and that said paper writing is and contains the last will and testament of D.C. LINDSEY, dec'd..  And on motion it is ordered that said will be admitted to probate and recorded in the Book of Wills of Currituck County and as such filed as provided by law in the office of the Clerk of Superior Court of said county.
    It is further ordered that said D.W. LINDSEY be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.  Dated this the 5th day of Aug 1901.
     /s/ E.W. ANSELL, Clerk of Superior Court

EXECUTOR'S OATH

  North Carolina  }        SS. In the Probate Court
Currituck County }
    I, D.W. LINDSEY, do solemnly swear or (affirm) that I believe this writing to be and contain the last will and testament of D.C. LINDSEY 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 executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
    /s/ D.W. LINDSEY
        Sworn and subscribed before me, this 5th day of Aug. 1901.
            /s/ E.W. ANSELL    Clerk Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

  North Carolina }    Before E.W. ANSELL, Clerk Superior Court
Currituck County}   In the Matter of the last will of D.C. LINDSEY
    D.W. LINDSEY being sworn, doth say: That D.C. LINDSEY, late of said county, is dead, having first made and published his last will and testament; and that D.W. LINDSEY is the executor named therein.
    Further, that the property of the said D.C. LINDSEY consisting of household furniture, horse, hogs, farming utensils, lumber is worth about $1500.00 so far as can be ascertained at the date of this application; and that Virginia HARRISON, Poplar Branch, N.C.; Sudie S. GALLOP, Poplar Branch, Neva C. OWENS, Elizabeth City, N.C., and D.W. LINDSEY, Poplar Branch, N.C. are the parties entitled under said will to the said property.
/s/ D.W. LINDSEY
        Sworn and subscribed before me, the 5th day of Aug. 1901.
            /s/ E.W. ANSELL    Clerk Superior Court

LETTERS TESTAMENTARY

Currituck County:    In the Superior Court
State of North Carolina, To all whom these Presents shall come --GREETING:
    It being satisfactorily proven to the undersigned, Clerk of Superior Court for Currituck County, that D.C. LINDSEY late of the said County, is dead, having made his last Will and Testament, which has been admitted to Probate, (a true copy whereof is hereunto annexed,) and D.W. LINDSEY the Executor named therein, having qualified as such according to law:
    Now these therefore to empower the said Executor to enter in and upon all singular the goods and chattels, rights and credits of the said deceased, and the same to take into possession, wheresoever to be found.  And all the just debts of the said deceased to pay and satisfy, and the residue of said estate to distribute according to the direction of the Will.
    Witness my hand and the seal of the Court this 5th day of Aug. 1901.
   
/s/ E.W. ANSELL Clerk Superior Court

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of D.C. LINDSEY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by D.W. LINDSEY the executor therein mentioned, and the due execution thereof by the said D.C LINDSEY is proved by the oath and examination of S.M. BEASLEY and D.W. WOODHOUSE the subscribing witnesses 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 D.C. LINDSEY that the said D.C. LINDSEY in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears day of the 25th day of July 1901.
     And the deponent further saith, that the said D.C.LINDSEY 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 said time when the said testator subscribed his name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said D.C. LINDSEY 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: And further these deponents say not.
     /s/ S.M. BEASLEY            Seal
         D.W. WOODHOUSE    Seal
Severally sworn and subscribed this 5th day of Aug. 1901 before me
    /s/ E.W. ANSELL, Clerk Superior Court

PETITION FOR ORDER TO SELL PERSONAL PROPERTY FOR CASH

State of North Carolina    }    In the Superior Court
    Currituck County         }    D.W. LINDSEY, executor of D.C. LINDSEY

Petition of D.W. LINDSEY, executor of D.C. LINDSEY, deceased, showeth that:
    1st.  That it would best subserve the interests of the heirs at law of D.C. LINDSEY, dec'd. and creditors of the estate of said D.C. LINDSEY to sell the personal property of the estate of said for cash, because said property would sell for about the same in cash as on a credit of six months, and because moreover the majority of the bidders at any proposed sale will probably be unable to give solvent bonds.
    Wherefore your petitioner prays for an order allowing him to sell said property for cash.
/s/ D.W. LINDSEY, Exer.

ORDER

State of North Carolina    }    In the Superior Court
    Currituck County         }    D.W. LINDSEY, executor of D.C. LINDSEY

    It appearing that D.W. LINDSEY has filed in this office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of said D.C. LINDSEY, deceased for cash:
    It is ordered and adjudged, that the said D.W. LINDSEY, executor of D.C. LINDSEY, deceased, shall have license to sell said property to the highest bidder for cash, after twenty day notification posted at the Court House and four other public places in Currituck County subject however to the confirmation of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property "on account of the insufficiency of the amount bid."
    It is further ordered, that the said D.W. LINDSEY, executor of D.C. LINDSEY as aforesaid, make return to the proceeds of said sale to this Court.  This 16th day of September 1901.
    /s/ E.W. ANSELL    Clerk Superior Court

[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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