Return to Currituck Co.
Currituck County Wills
Dr. Gideon C. Marchant
Jan. 21, 1849 - Feb. Term 1861
Currituck Co. Will Book 4 ; pg. 241-242
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State of North Carolina} Court of Pleas & Quarter Sessions
Currituck County } Feby Term 1861
A paper writing without subscribing witnesses, purporting to be the last will and testament of Doctor Gideon C. MARCHANT deceased in words and figures as follows to wit:
I Gideon C. MARCHANT of the County of Currituck and State of North Carolina being of sound disposing mind and memory do on this the twenty first day of January in the year eighteen hundred and forty nine make and ordain this my last will and testament in form following viz:
First - I nominate and appoint my beloved wife Emily S. MARCHANT executrix to this my last will and testament and Guardian to my two daughters Elizabeth F. and Archann D. MARCHANT.
Secondly - out of my personal property I wish my wife what debts I may owe in such manner as she may deem most discreet.
Thirdly - To Thiresy MARCHANT widow of Johnston MARCHANT I lend the use of the plantation I purchased of her brothers and negroes Lettice and Pricilla during her natural life or widowhood but at her death or marriage I give and bequeath the same to Johnston MARCHANT and Emily MARCHANT orphans of Johnston MARCHANT dec’d share & share alike.
Fourthly - I give and bequeath to my beloved friend John B. DODS? (if living at my death) the sum of two hundred dollars as a testimonial of my friendly recollection of him.
Fifthly - The residue of my estate both real and personal I lend to my wife aforesaid during her natural life or widowhood, on condition however that she raise and educate my two daughters Eliz. F. and Archann D. and to that end may sell any portion of my personal estate but no portion of my real estate must be sold in any event.
Sixthly - Should my daughters one or both marry while my wife aforesaid remains single so much of the property both real and personal given to her for life, as she may choose, and said child or children my daughters aforesaid, shall hold the property so loaned at the will of my said wife.
Seventhly - should my wife marry again then at her marriage I give her one fifth part of all my personally and dower in my real estate.
Eighthly - At the death or marriage of my wife aforesaid I give whatever may remain of my estate whether real or personal to my friend Alfred PERKINS his heirs executors administrators and assigns on the following trusts viz. That he shall hold both the personally and realty in trust for the benefit of my two daughters, my children aforesaid, for their sole and separate benefit exclusive of any husband with whom either may marry, and so that said property may be held in such manner that it shall not be liable to the power control, debts & engagements of said husband; and the receipts for any monies arising from such property shall be sufficient, if signed by my daughters aforesaid or by the one entitled thereto notwith standing, they or she may be married and under the age of twenty one years.
And it is to be understood that said Alfred PERKINS his heirs, executors, administrators and assigns may marriage the property aforesaid at discretion; may cause the property to be divided and hold the same in severally for the sole and separate use and benefit of my daughters aforesaid free from the power control, debts or engagements of any husband; may permit my daughters to take possession of the property, if he deem it desirable and that they or either of them may take control of the property or each ones share or portion thereof: but said possession and control always to be for the sole and separate benefit and use of my daughter or daughters aforesaid so taking possession and control, and exclusive of any husband they or either of them may marry, and not subject to any husbands power, control, debts or engagements. And said PERKINS his executors, administrators or assigns may sell or exchange any portion of the property, aforesaid realty always excepted and the funds so derived, or the property so acquired or the property so received in exchange shall be held as before specified.
Ninthly - The above provisions in number eight are to last only until the death of my daughters one or both, and upon one shall die leaving issue at her death then said PERKINS his executor, administrator, or assigns shall convey her share both real and personal with such issue, and when the death of the other shall happen the like shall be done with her portion of the property.
Tenthly - In case either of my daughters die without issue the said PERKINS, his executor administrators or assigns shall convey the share of her so dying to the surviving one and the whole of said property so conveyed shall still be subject to all the provisions contained in number eight.
In testimony whereof I have hereunto set my hand and affixed my seal the day above written.
/s/ G.C. MARCHANT seal
Is exhibited for probate in open Court by Lucien D. STARKE and Durant H. TILLETT and it is thereupon proved by the oath of Wm. G. WILSON that the said will was found among the valuable papers of the said Gideon C. MARCHANT after his death; and it is further proved by the oath and examination of three competent and credible witnesses to wit. H.M. SHAW, W.F. MARTIN and C.C. WILLIAMS that they are acquainted with the hand writing of the said Gideon C. MARCHANT having often seen him write, and hereby believe that the name of the said Gideon C. MARCHANT subscribed to the said will and the said will itself and every part thereof are in the hand writing of the said Gideon C. MARCHANT and it is further proved by the evidence of the three last mentioned witnesses that the said hand writing is generally known to the acquaintances of the said Gideon C. MARCHANT: It is therefore considered by the court that the said paper writing is the last will and testament of the said Gideon C. MARCHANT and the same is ordered to be recorded and filed.
It also further appearing to the court upon satisfactory evidence that Emily S. MARCHANT the executrix named in said will is dead without having qualified as such thereupon L.D. STARKE and D.H. TILLETT are appointed by the Court Administrators with the will annexed of the said Gideon C. MARCHANT, deceased; and the said L.D. STARKE and D.H. TILLETT having tendered their bond, the same is approved by the court, and thereupon said L.D. STARKE and D.H. TILLETT was duly qualified as administrators with the will annexed of Gideon C. MARCHANT deceased.
J.W. BAXTER, CCC
This will was contributed by Judy Merrell 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!
© 2011 Kay Midgett Sheppard