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Currituck County Wills

Caleb Ward Nicholson
July 9, 1877 - June 10, 1880

I Caleb Ward NICHOLSON of Currituck County North Carolina, do make, ordain and declare this instrument which is written with my own hand and every word thereof, to be my last will & testament revoking all others

Imprimis. - All my debts, of which there are but few, and none of magnitude, are to be punctually and speedily paid.

Item. - To my wife Lovey NICHOLSON I give and bequeath all of my property of evry kind, Viz. Lands, Money, bonds, notes, Judgements, Accounts, chattle property of evry kind, by this I include all and evry thing that I am intitled to under the laws of North Carolina & the United States.

Lastly, I constitute and appoint my wife Lovey NICHOLSON Executrix of this my will and testament.  In witness of all and of the things herein contained; I have set my hand and seal this the 9th day of July in the year one thousand eight hundred and seventy seven.
    /s/ Caleb Ward NICHOLSON

SUMMONS FOR RELIEF

Currituck County:    In the Superior Court
Lovey NICHOLSON, executrix of C.W. NICHOLSON, dec'd.                                              }
                                        against                                                                                                 }
Julia A., Caleb, Theodore, Louisa & Meredith MUNDEN, Martha Susan NICHOLSON,}
Harriet L. BAUM, & E.W. BAUM, and Hallie Dozier WALKER, child and grandchildren    }
of C.W. NICHOLSON, deceased                                                                                              }
    To the Sherifff of Currituck County--GREETING:  You are hereby commanded to summon Julia A., Caleb, Theodore, Louisa & Meredith MUNDEN, Martha Susan NICHOLSON, Harriet L. BAUM, E.W. BAUM and Hallie Dozier WALKER, all infants, the defendants above named, if they be found within your County, to appear at the office of the Clerk of Superior Court for the County of Currituck on Thursday the 10th day of May [sic] 1880 at 3 o'clock p.m. to take exceptions, if any, to the proving of the will of C.W. NICHOLSON as the evidence for proving the same cursive? hand on that day.

R.B. MUNDEN is hereby appointed guardian ad litem for his children, Julia A., Caleb N., Isadore Louisa & Meredith MUNDEN (infants).  L. WALKER for his child, Hallie Dozier WALKER, infant child.  P.H. MORGAN for Martha Susan NICHOLSON, infant child of C.W. NICHOLSON, to defend the interests of said infants and prosecute for the same in the matter of proving & probating the last will & testament of the late C.W. NICHOLSON.  This June 7th 1880.
     /s/ H.B. ANSELL, P.J.

[NOTE: Harriet Nicholson, daughter of Caleb W. & Lovey Nicholson, married E.W. Baum in 1874.  She was of legal age when this will was probated and did not need a guardian.] kms

PROBATE OF WILL

Currituck County:    In Probate Court
    The sheriff of Currituck County will summons A.O. DEY, J.W. BAXTER and Wilson WALKER to appear at office of Clerk of the Superior Court on Thursday, the 10th day of June 1880 to give evidence in the matter of proving the last will & testament of C.W. NICHOLSON, deced.  Herein fail not and of this manner make due return.  This June 7th 1880.
    /s/ H.B. ANSELL, P.J.

State of North Carolina    }    In Probate Court
    Currituck County         }    June 10th 1880

     A paper writing without subscribing witnesses purporting to be the last will and testament of Caleb Ward NICHOLSON, deceased, is exhibited before in Probate Court this day by Lovey NOCHOLSON, widow of said deceased, and Executrix therein named and the said Lovey NICHOLSON, being duly sworn says that the said will was found in his cabinet where he kept his valuable papers and effects and that she knows nothing of any other will made by said deceased since the date of the one now offered for probate.
    /s/ Lovey L. NICHOLSON
Sworn & subscribed to before me the 10 day of June 1880
    /s/ H.B. ANSELL, P.J.

State of North Carolina    }    In Probate Court
    Currituck County         }    June 10th 1880 - Before H.B. ANSELL
    A paper writing purporting to be the last will and testament of Caleb Ward NICHOLSON was this day exhibited for probate by Lovey NICHOLSON and said will being without subscribing witnesses, a summons was issued Monday June 7th 1880 for A.O. DEY, Wilson WALKER and J.W. BAXTER, three creditable persons, to appear and give testimony relating to the signature of the said Caleb Ward NICHOLSON whose name appears at the end of said will on the 10th day of June 1880 and on the said day personally appeared the said A.O. DEY, J.W. BAXTER and Wilson WALKER, and after being duly sworn and said will being exhibited, doth each for himself deposeth and saith that they are well acquainted with the handwriting of the said Caleb Ward NICHOLSON, having often seen him write, and they and each of them verily believe that the name of the said Caleb Ward NICHOLSON subscribed to said will, and the said will itself and every part thereof, are in the handwriting of the said Caleb Ward NICHOLSON.  And they further saith that they believe that said handwriting is generally known to the business acquaintances of the said Caleb Ward NICHOLSON.
    It is therefore adjudged by the Court, that the said paper writing and every part thereof is the last will and testament of the said Caleb Ward NICHOLSON, and the same is hereby ordered recorded and filed and thereupon the said Lovey NICHOLSON, the executrix named therein, duly qualified as such by taking the oath required by law.
    /s/ J.W. BAXTER
        W. WALKER
        A.O. DEY
Sworn & subscribed to before me the 10th day of June 1880
    /s/ H.B. ANSELL, Probate Judge

Recorded in Will Book No 5 pages 67 & 68
    s/ H.B. ANSELL, P.J.

[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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