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Currituck County Wills

Polly Luton
Sunday, April 29, 1883 (nuncupative will) - May 5, 1884

North Carolina}
 Currituck Co. }
M.E. WOODHOUSE and Margaret G. WOODHOUSE, make oath and say:
    That on Sunday, April 29th 1883, Polly LUTON, being of sound mind, and conscious of her near dissolution, called these affiants to her bed side, and requested them to be witnesses of her will and intention with regard to her worldly effects after her death.
    That the decedent, Polly LUTON, then said, that after payment of her burial expenses, and physician's charges, she desired all of her property and estate of every kind and description to be given to Sirleon SYKES, and further requested the affiant M.E. WOODHOUSE to see that her present intention was filly carried out.
    These affiants further say that the said Polly died on Friday the 4th day of May following unbent? having? recovered from her sickness, and without any change of her intention as to the distribution of her estate.  These affiants further say, that the death of the said Polly LUTON occurred at her residence in Currituck County.
May the 12th}    /s/ M.E. WOODHOUSE
      1883      }    /s/ M.G. WOODHOUSE

Sworn & subscribed to before me the 12th day of May 1883
    /s/ H.B. ANSELL, Probate Judge, Currituck County, N.C.

North Carolina}    May 12th 1883
 Currituck Co. }
    The foregoing paper writing having been this day proved on oath of M.E. WOODHOUSE and Margaret G. WOODHOUSE as the death bed declaration of Polly LUTON.  It is ordered by the Court that notice by publication in the Economist a weekly newspaper published in the state of N.C. be given to the heirs and next of kin of the said Polly LUTON to appear and show cause before me, Judge of Probate for Currituck County, why the foregoing paper should not duly [be] probated according to law.  Publication to be made in said paper for six successive weeks.
    /s/ H.B. ANSELL, Probate Judge

North Carolina}
 Currituck Co. }    In the Matter of Polly LUTON, deceased
To the heirs at law and next of kin to the said Polly LUTON:
    You will hereby take notice that a paper writing purporting to be the nuncupative will of the late Polly LUTON has been filed in the office of Judge of Probate for Currituck County, and you are hereby notified to appear in person or by attorney at the office of said Judge of Probate on or before the 2nd day of July __ 1883, and fill their specifications of objections to the probate of said paper--if any they have.
    Witness the said Judge of Probate at Office in Currituck this the 12 day of May 1883.
        /s/ H.B. ANSELL, Probate Judge

I hereby certify that I published in the Economist for six successive weeks a notice to all non-residents of this state who might be interested in the case of the will of Polly LUTON, decd.
    /s/ R.B. CREECY
Sworn to and subscribed before me this August 14th 1883
    /s/ J.P. OVERMAN, Clerk Supr. Court of Pasquotank County, N.C.

  North Carolina }    In the Probate Court
Currituck County}    August 17th 1883
    It appearing to the satisfaction of the Court by the affidavit of R.B. CREECY, Editor of the Economist, a newspaper published in Elizabeth City, N.C., that due notice by publication has been made to all the next of kin of Polly LUTON, dec'd. according to the order made the 12th day of May 1883 for six successive weeks, and it further appearing from the evidence of M.E. WOODHOUSE and M.G. WOODHOUSE, two competent and credible witnesses, that the said Polly LUTON, on Sunday April 29, 1883, in her last sickness, on her bed, being concious of her near disolution, called these affiants to her bed side to be witnesses to her will and intention in regard to her worldly effects after her death & did make a nuncupative will and did therein bequeath in substance as follows: She desired, after paying her burial expenses & physician's charges, all of her property and estate of every kind and description to be given to Sirleon SYKES, and further requested the affiant M.E. WOODHOUSE to see that her present intention was fully carried out.  And it further appearing that the said Polly LUTON died on Friday the 4th day of May 1883 without making any change of her intentions.  It is therefore declared by the Court that the said Polly LUTON did make a valid nuncupative will as aforesaid, and did therein bequeath her worldly estate as aforesaid.  It is further ordered that these proceedings be recorded.
    /s/ H.B. ANSELL, Probate Judge

ADMINISTRATOR'S OATH WITH WILL ANNEXED

State of North Carolina }    ss. In the Probate Court
     Currituck County     }   
    I, M.E. WOODHOUSE do solemnly swear or (affirm) that I believe this writing to be and contain the last will and testament of Polly LUTON deceased; and that I will well and truly execute the same by first paying her debts and then her legacies as far as the said estate shall extend, or the lay will charge me; and that I will well and faithfully execute the office of an administrator with the will annexed agreeable to the trust and confidence reposed in me, and according to law, so help me God.
    /s/ M.E. WOODHOUSE
Sworn & subscribed to before me the 5th day of May 1884.
    /s/ H.B. ANSELL, C.S.C.

APPLICATION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

Currituck County: - In the Probate Court
In the matter of the administration of the estate of Polly LUTON before H.B. ANSELL, C.S.C.
    M.E. WOODHOUSE being sworn doth say:  That Polly LUTON, late of said County, is dead, leaving a nuncupative last will and testament and there being non executor named therein, the said M.E. WOODHOUSE therefore applies for Letters of Administration with the will annexed, on the estate of the said Polly LUTON.
    Further, that the value of said estate, so far as can be ascertained at the date of this application, is about $200 [there was no decimal point--this could have been $2.00 or $200.00] and that Sirleon SIKES is entitled as heir and distributee thereof.
    /s/ M.E. WOODHOUSE
Sworn & subscribed to before me the 5 day of May 1884.
    /s/ H.B. ANSELL, C.S.C.

[On the last page in this folder were the following signatures.  They do not look like they go with this will.  The first signature looks to be R.H. BERRY; the second Jams BERRY and the last Jon ______, but that is just my interpretation.]

[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