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Currituck County Wills

Olive Mathias
Aug. 6, 1878 - Feb. 6, 1882

The State of North Carolina}
       Currituck County         }

I Olive MATHIAS of the County & State aforesaid, being of sound disposing mind and memory do make publish and declare this to be my last will and testament in manner and form following, to wit:

Item 1st - I lend to my son Benj'n MATHIAS during his natural life all of my lands that I may possess at my death.

Item 2nd - At the death of my son Benjamin I give and bequeath to my Grand daughter Florence MATHIAS all that tract of land known as the MORSE tract adjoining the lands of Jno. S.? HUMPHRIES & Jessee B. LEE, decd. and Tulls Creek Bay to her and her heirs forever.  I also give to my Grand daughter Florence two beds and two steads one pr sheets 1 pr blankets 1 pr pillows and cases one bolster & case two quilts and two counterpanes to each bed two mahogony tables one looking glass 6 stool chairs, two trunks of clothing and china and glass ware and half doz silver spoons - to her & her heirs.

Item 3rd - If my son Benjamin MATHIAS should die leaving his wife Virginia F. surviving him it is my will and desire that the said Virginia F. MATHIAS shall have during her natural life one third of the cleared land of the tracts of land known as the BURROWS an BUNNILL tracts of land situated on Poyners Road, and the priviledge of the woodland for the purpose of fire wood rail timber &c to keep up the portion allotted to her, her thirds to contain the dwelling house out houses &c.

Item 4th - At the death of my son Benjamin I give and bequeath to his children excepting Florence, lawfully begotten by him, that tract of land situated on Poyners Road known as the BURROWS & BUNNILL tracts, to them and their heirs forever, share and share alike subject to the life estate interest of Mrs. Virginia F. MATHIAS heretofore provided for in this will.

Item 5 - All the rest and residue of my property of every description I loan to my son Benj'n F. MATHIAS during his life, and at his death to be equally divided amongst all of his children lawfully begotten by him.

Item 6 - The property given to my Grand daughter Florence is to be held and taken care of by my son Benjamin untill my said Grand daughter Florence marries or arrives at the age of twenty one years, and then to be put into her possession.

Lastly I nominate constitute and appoint my son B.F. MATHIAS executor to this my last will and testament hereby revoking and declaring utterly void all wills heretofore made by me. In witness whereof I  hereunto set my hand and seal this 6th day of Aug. 1878.
            /s/ OLIVE [her x mark] MATHIAS   Seal

Signed sealed published and declared by the testatrix to be her last will and testament in our presence, and we at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto.
     Caleb T. SEARS
     A.O. DEY

The State of North Carolina}    In the Probate Court
       Currituck County         }    January 23rd 1882
To the Sheriff of Currituck County, Greeting.
    You are hereby commanded to summons C.T. SEARS and A.O. DEY, subscribing witnesses to a paper writing now on file in this Court, purporting to be the last will and testament of Olivi MATHIAS, to appear before the undersigned Probate Judge of said County on January the 30th day 1882 at Currituck Court House to give evidence in the matter of the proof of said will which then & there will come up for probate.
    Herein fail not & of this summons make due return.  This the 23d day of January 1882.
        /s/ H.B. ANSELL, Probate Judge

The State of North Carolina}    In the Probate Court
       Currituck County         }    February 6th day 1882
    A paper writing purporting to be the last will and testament of Olive MATHIAS is offered for probate by Branson BELL, in whose hand it was deposited for safe keeping, and the due execution thereof proved by the oath and examination of  C.T. SEARS & A.O. DEY,  subscribing witnesses thereto, and it appearing upon said examination, that the said Olive MATHIAS was of full age to make a will, was of sound mind, and was under no undue influence or restraint.  Therefore it is adjudged by the Court that the said paper writing and every part thereof, is the last will and testament of said Olive MATHIAS and the same is ordered to be recorded & filed.
    And thereupon B.F. MATHIAS, Executor named therein, qualified as such by taking the oath required by law.
     /s/ H.B. ANSELL, Probate Judge

The State of North Carolina}    In the Probate Court
       Currituck County         }    Jan 30th /82
Let B.F. MATHIAS take notice that a paper writing purporting to be the last will and testament of Olive MATHIAS, deceased, is now on file in this Court for Probate, that you are named therein as Executor, the probate of said will, will be reserved till Monday the 6th day of Feby. 1882, when & where you can present at my office and qualify as Executor thereto, or enter a caveat to said will if you deem it proper so to do or revoke your executorship.  Issued Jan. 30 1882.
    /s/ H.B. ANSELL, P.J.

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of Olive MATHIAS, deceased, is exhibited before me, the undersigned, Judge of Probate for said County, by Branson BELL in whose hands it was deposited for safe keeping, and the due execution thereof by the said Olive MATHIAS is proved by the oath and examination of A.O. DEY & C.T. SEARS, 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 Olive MATHIAS; that the said Olive MATHIAS, in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears date of the 6th day of August 1878.
     And the deponent further saith, that the said Olive MATHIAS the testatrix aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her 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 her 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 Olive MATHIAS 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/ A.O. DEY       Seal
    /s/ C.T. SEARS    Seal
Severally sworn and subscribed this 3rd day of February 1882 before me
    /s/ H.B. ANSELL, Clerk Superior Court

EXECUTOR'S OATH

 State of North Carolina}    ss. In the Probate Court      
     Currituck County     }
    I, B.F. MATHIAS, do solemnly swear (or affirm) that I believe this writing to be and contain the last will and testament of Olive MATHIAS 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/ B.F. MATHIAS
        Sworn and subscribed before me, this 6th day of February 1882.
            /s/ H.B. ANSELL    Probate Judge

[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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