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Currituck County Wills

Major Mercer
July 16, 1900 - Aug. Term 1900

State of North Carolina}
    Currituck County     }

I Major MERCER of the County and State aforesaid, being of sound mind and memory, but considering the uncertainty of my earthly existence do make and declare this my last will & testament in manner and form following, that is to say:

First - That my executor (hereafter named) shall provide for my body a decent burial, suitable to the wishes of my relatives and friends and pay all funeral expenses together with my just debts, howsoever and to whomsoever owing, out of the moneys that may first come into his hands as part or parcel of my estate.

Item - I give and devise to my cousin Jesse M. MERCER my bed that I usually lay upon and one gun that belonged to my father.

Item - I give and devise to my niece Ellen MORRISETT one bed & bedstead & covering that belongs to the bed.

Item - I give & devise to my nephew Major M. MORRISETT one bed bedstead and covering that belongs to the bed.

Item - My will and desire is that all the residue of my estate after taking out the devices above mentioned shall be sold and the debts owing to me collected and out of the proceeds my cousin Jesse M. MERCER shall be paid a reasonable amount as a compensation for his services in waiting and attending upon me, and the surplus shall be equally divided and paid over to my beloved sister Mary MORRISETT one third of such surplus, one third to my cousin Jesse M. MERCER and one third to my sister Martha's children, Annie M. TURNER, Jane POOL and Adolphus MERCER.

And lastly I do hereby constitute and appoint my trusty friend Edward W. BAUM my lawful executor to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me hereupon made.

In witness whereof I the said Major MERCER do hereunto set my had and seal this 16th day of July A.D. 1900.
    /s/ Major [his x mark] MERCER    Seal

Signed, sealed, published and declared by the said Major MERCER to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as witnesses thereto.
     J.H. DOZIER
     John J. CURLES [listed as J.T. CURLES in other places]

PROBATE OF WILL

  North Carolina }    In the Superior Court before E.W. ANSELL, Clerk
Currituck County}    In Re Estate of Major MERCER, deceased
    A paper writing purporting to be the last will and testament of Major MERCER, dec'd, is exhibited in open court for probate by Edward W. BAUM, the executor therein named; and the due execution thereof by the said Major MERCER, dec'd, is duly proven by the oath and examination of J.H. DOZIER and John T. CURLES subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said Major MERCER 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 Major MERCER, 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 Edward W. BAUM be allowed to qualify as executor provided by law and enter upon the discharge of the duties imposed by said trust.  Dated this the 14th day of Aug. 1900.
     /s/ E.W. ANSELL, Clerk of 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 Major MERCER deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by E.W. BAUM the executor therein mentioned, and the due execution thereof by the said Major MERCER is proved by the oath and examination of J.H. DOZIER and John T. CURLES 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 Major MERCER that the said Maajor MERCER  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 16th day of July 1900.
     And the deponent further saith, that the said Major MERCER 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 Major MERCER 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/ J.H. DOZIER     Seal
         J.J. CURLES      Seal

Severally sworn and subscribed this 14th day of Aug. 1900 before me
    /s/ E.W. ANSELL, Clerk Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

  North Carolina }    Before E.W. ANSELL, C.S.C.
Currituck County}    In the Matter of the last will of Major MERCER
    E.W. BAUM being sworn, doth say: That Major MERCER, late of said county is dead, having first made & published her last will and testament; and that E.W. BAUM is the executor named therein.
    Further, that the property of said Major MERCER consisting of hogs, cattle, sheep, horse & carts, household & kitchen furniture & real estate is worth about $1000.00 so far as can be ascertained at the date of this application; and that Jesse M. MERCER, Mary MORRISETT, Annie TURNER, Jane POOL and Adolphus MERCER are the parties entitled under said will to the said property.
/s/ E.W. BAUM
        Sworn to and subscribed before me the 14th day of Aug. 1900.
            /s/ E.W. ANSELL    CSC

EXECUTOR'S OATH

  North Carolina  }    SS. In Superior Court       
Currituck County }
    I, E.W. BAUM, do solemnly swear (or affirm) that I believe this writing to be and contain the last will and testament of Major MERCER 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/ E.W. BAUM
        Sworn and subscribed before me, this 14th day of August 1900.
            /s/ E.W. ANSELL    Clerk Superior Court

PETITION FOR ORDER TO SELL PERSONAL PROPERTY

  North Carolina }    In the Superior Court
Currituck County}   In the Matter of E.W. BAUM, Executor of Major MERCER, deceased, Ex-parte.
    To the Clerk of the Superior Court of Currituck County.

    Petition of Edwd. W. BAUM Executor of Major MERCER deceased, showeth:
1st: That it would best subserve the interests of the heirs-at-law and creditors of the estate of said Major MERCER to sell the personal property belonging to said estate for case, 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.  This 14th day of Aug. 1900. 
    /s/ E.W. BAUM
[An order to sell the property was signed the same day by E.W. ANSELL, Clerk Superior Court]

[NOTE:  Cemetery records show that Major Mercer was born Dec. 20, 1832 and died Aug. 11, 1900.]

[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