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Currituck County Wills

E. [Edmund] McHorney
Oct. 5, 1901 - Mar. 28, 1902

I give the north end of my home farm containing one half of the whole tract of land to my daughter Carrie BOSWOOD.  I loan the south end of my farm containing one half of the whole tract of land to my wife Louisa McHORNEY her life time and at her death I give it to my son E.B. McHORNEY.  All my chattle property I loan to my wife Louisa McHORNEY her life time, if she should need any of the chattle property for her support, then she can sell such parts as she deems best for her own support, at her death I give it to my daughter Carrie BOSWOOD and my son E.B. McHORNEY (the chattle property) to be equally devided between the two.  After all my debts are paid I give what money I have to be equally devided between my wife Louisa McHORNEY, my daughter Carrie BOSWOOD and my son E.B. McHORNEY.  I leave my son E.B. McHORNEY administrator to my estate without bond.  I leave my daughter Carrie BOSWOOD executrix.  Witness my hand and seal this the 5th day of October 1901 to my last and only will.  Made in perfect sound mind.
    /s/ E. McHORNEY    Seal

Witness
     Louisa McHORNEY
     E.B. McHORNEY
     Carrie BOSWOOD

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 E. McHORNEY deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Carrie BOSWOOD the executrix therein mentioned, and the due execution thereof by the said E. McHORNEY is proved by the oath and examination of E.B. McHORNEY and Carrie BOSWOOD 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 them purporting to be the last will and testament of E. McHORNEY that the said E. McHORNEY  in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears date of the 5th day of October 1901.
     And the deponent further saith, that the said E. McHORNEY 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 & her name as an attesting witness thereto, as aforesaid, the said E. McHORNEY 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/ E.B. McHORNEY      Seal
         Carrie BOSWOOD     Seal

Severally sworn and subscribed this 28th day of March 1902 before me
    /s/ E.W. ANSELL, Clerk Superior Court

PROBATE OF A WILL

  North Carolina }    In the Superior Court before E.W. ANSELL, Clerk
Currituck County}   In Re Estate of E. McHORNEY, deceased
    A paper writing purporting to be the last will and testament of E. McHORNEY, dec'd, is exhibited in open court for probate by Carrie BOSWOOD the executrix therein named; and the due execution thereof by the said E. McHORNEY, dec'd, is duly proven by the oath and examination of E.B. McHORNEY and Carrie BOSWOOD subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said E. McHORNEY 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 E. McHORNEY, 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 Carrie BOSWOOD be allowed to qualify as executrix provided by law and enter upon the discharge of the duties imposed by said trust.  Dated this the 28th day of March 1902.
     /s/ E.W. ANSELL, Clerk of Superior Court

EXECUTOR'S OATH

  North Carolina  }    SS. In Superior Court       
Currituck County }
    I, Carrie BOSWOOD, do solemnly swear (or affirm) that I believe this writing to be and contain the last will and testament of E. McHORNEY deceased; that I will well and truly execute the same by first paying his debts and then his legacies, as 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/ Carrie BOSWOOD
        Sworn and subscribed before me, this 28th day of March 1902.
            /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 will of E. McHORNEY, dec'd.
    Carrie BOSWOOD being sworn, doth say: That E. McHORNEY, late of said county, is dead, having first made and published his last will and testament; and that Carrie BOSWOOD is the executrix named therein.
    Further, that the property of the said E. McHORNEY consisting of farming utensils, household & kitchen furniture, horses, cattle, hogs, notes is worth about $300.00, so far as can be ascertained at the date of this application; and that Louisa McHORNEY, E.B. McHORNEY and Carrie BOSWOOD, all of Coinjock, N.C. are the parties entitled under said will to the said property.
/s/ Carrie BOSWOOD
        Sworn to and subscribed before me, the 28 day of March 1902.
            /s/ E.W. ANSELL    Clerk Superior Court

[NOTE: Cemetery records reveal that Edmund McHorney was born Sept. 30, 1844 and died Nov. 12, 1901.  His wife, Sarah Louisa McHorney, was born Oct. 22, 1842 and died Aug. 7, 1916.  Their son, Edmund Baum McHorney was born May 21, 1878 and died Nov. 28, 1964.]

[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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