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Currituck County Wills

Lovey Nicholson
May 10, 1904 - Dec. 27, 1905

North Carolina, Currituck County

I Lovey NICHOLSON of the aforesaid county and state, being of sound mind, but considering the uncertainty of my earthly existence do make and declare this my last will and testament.

First.  My executors hereinafter named shall give my body a decent burial suitable to the wishes of my friends and relatives and pay all funeral expenses, together with all my just debts out of the first moneys which may come into their hands belonging to my estate.

Second.  I lend to my grand son Ward Nicholson WALKER, and grand daughter Sudie Belle WALKER during their natural lives to be equally divided between them the home tract whereon I now reside commencing at the pine thicket and running a straight course to the water to a bunch of cedars which includes the Dennis TATUM tract, the SOULS's tract, the William TATUM tract and after their deaths I give and devise the same to their children in fee simple - that is after the death of either one of said grand children his or her part I give and devise to his or her children in fee simple.  In case of the death of either of my said grand children leaving no children or lineal descendants I give and devise his or her part to the other grand child mentioned in this item.

Third.  I give and devise to my grand children Arthur A. BAUM, Ed Nicholson BAUM, and Hattie L. BAUM and their heirs in fee simple the tract of land whereon Mr. Luke POOLE now lives it being a part of the ROBINSON and Joseph NICHOLS [Joseph Nicholson later in the will] tract.

Fourth.  I lend to my grand children Julia WALKER, Caleb MUNDEN, and Isadore MUNDEN during their natural lives to be equally divided between them three fourths of the Josiah NICHOLS [Josiah Nicholson in the fifth item] tract and Joseph NICHOLSON tract excepting the part of the Joseph NICHOLSON tract above devised and given to grand children mentioned in item three of this will the boundary of which is the lead ditch south of the house now occupied by Hallie D. WALKER and also excepting the house and lot where said Hallie D. WALKER now lives and after their deaths I give and devise the same three fourths with exceptions above stated to their children in fee simple - that is after the death of each one of said grand children his or her part I give and devise to his or her children in fee simple.  In case of the death of any one of said grand children leaving no children or lineal descendants I devise his or her part to the other grand children mentioned in this item or their lineal descendants.

Fifth.  I give and devise in fee simple to my grand son Hallie D. WALKER the house and lot where he now lives on condition that he pay to my grand daughter Isadore MUNDEN the sum of one hundred dollars within two years from my death.  I also devise and give to my said grand son Hallie D. WALKER in fee simple the remaining one fourth part of the Josiah NICHOLSON tract and Joseph NICHOLSON tract excepting the part of the Joseph NICHOLSON tract devised in this my last will and testament to Arthur A. BAUM, Ed Nicholson BAUM, and Hattie L. BAUM.

Sixth.  My will and desire is that Hattie L. BAUM and Isadore MUNDEN each have a bed furnished and that the balance of my personal property of every description be sold and all notes, bonds, mortgages, and accounts collected by my executors hereinafter named and the proceeds of same with all moneys be equally divided among my nine grand children the part belonging to my grand daughter Isadore MUNDEN to be paid over by said executors to some trust worthy person to hold in trust for said Isadore MUNDEN to be spent for her good and benefit.

Seventh.  I hereby constitute and appoint P.H. MORGAN and Edmund BAUM my lawful executors to all intents and purposes to execute this my last will and testament according to the true intent and meaning thereof and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.

In witness whereof I the said Lovey NICHOLSON, do hereunto set my hand and seal this 10th day of May 1904.
    /s/ Lovey NICHOLSON    Seal

Signed, sealed, published and declared by the said Lovey NICHOLSON to be her last will and testament in the presence of us who at her request, and in her presence and in the presence of each other, do subscribe our names as witnesses thereto this May 10, 1904.
    /s/ E.R. JOHNSON
        G.W. WILLIAMS

PROOF OF WILL AND EXAMINATION OF WITNESSES THERETO

State of North Carolina}    S.S. In the Superior Court
    Currituck County     }   
    A paper writing purporting to be the last will and testament of Lovey NICHOLSON deceased, is exhibited before me, the undersigned Clerk of the Superior Court for said County, by Edmund BAUM one of the executors therein mentioned; and the due execution thereof by the said Lovey NICHOLSON is proved by the oath and examination of E.R. JOHNSON and G.W. WILLIAMS 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 Lovey NICHOLSON; that the said Lovey NICHOLSON 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 10th day of May 1904.
    And the deponent further saith that the said Lovey NICHOLSON the testator 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 the said testator.  And this deponent further saith, that at the said time when the said testator subscribe 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 Lovey NICHOLSON 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.R. JOHNSON    Seal
         G.W. WILLIAMS  Seal

Severally sworn and subscribed this 13th day of December 1904 [sic] before me.
    /s/ E.W. ANSELL Clerk Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

Currituck County}    In Superior Court before E.W. ANSELL, Clerk Superior Court
                                In the Matter of the Will of Lovey NICHOLSON, deceased
    Edmund BAUM being duly sworn, doth say:  That Lovey NICHOLSON, late of said County, is dead, having first made and published her last will and testament: and that Edmund BAUM is one of the executors named therein.
    Further, that the property of the said Lovey NICHOLSON consisting of hogs, sheep, poultry, household & kitchen furniture, corn, fodder, potatoes, money in bank and on hand is worth about $1100.00, so far as can be ascertained at the date of this application; and that Ward Nicholson WALKER, Sudie Bell WALKER, minors, PO address Maple, N.C., Arthur A. BAUM & Ed Nicholson BAUM, Aydlett, N.C., Hattie L. BAUM Powells Point, N.C., Julia WALKER, Caleb MUNDEN, Isadore MUNDEN, Maple, N.C. Hallie D. WALKER, Maple, N.C. are the parties entitled under said will to the said property.
    Sworn to and subscribed before me, this 13th day of December, 1905.
        /s/ E.W. ANSELL Clerk Superior Court

[A duplicate form was also signed by P.H. MORGAN but was dated December 27th 1905.]

EXECUTOR'S OATH

  North Carolina  }
Currituck County }
    I, Edmund BAUM, do solemnly swear that I believe this paper writing to be and contain the last will and testament of Lovey NICHOLSON 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 all other duties pertaining to the office of executor I will discharge according to law, to the best of my skill and ability.  So help me God.
    /s/ Edmond W. BAUM
        Sworn and subscribed before me, this 13th day of December 1905.
            /s/ E.W. ANSELL

[A duplicate form was also signed by P.H. MORGAN but was dated December 27th 1905.]

ORDER FOR PROBATE OF A WILL

State of North Carolina}    In the Superior Court before E.W. ANSELL, Clerk
    Currituck County     }    In Re Estate of Lovey NICHOLSON, deceased
    A paper writing purporting to be the last will and testament of Lovey NICHOLSON, dec'd., is exhibited in open court for probate by Edmund BAUM one of the executors therein named; and the due execution thereof by the said Lovey NICHOLSON dec'd. is duly proven by the oath and examination of E.R. JOHNSON and G.W. WILLIAMS the subscribing witnesses thereto and it is further shown to the satisfaction of the court by said witnesses that the said Lovey NICHOLSON 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 Lovey NICHOLSON 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 proved by law in the office of the Clerk of Superior Count of said County.
    It is further adjudged that said Edmund BAUM is a suitable person to act as Executor and that he be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust.  Dated this the 13th day of December 1905.
     /s/ E.W. ANSELL Clerk of Superior Court

Edmund BAUM having qualified as Executor as aforesaid.  Let Letters Testamentary issue accordingly.  This 13th day of Dec. 1905.
    /s/ E.W. ANSELL C.S.C.

PETITION FOR ORDER TO SELL PERSONAL PROPERTY FOR CASH

State of North Carolina}    In the Superior Court
    Currituck County     }    P.H. MORGAN and Edmund BAUM, Executors of Lovey NICHOLSON
    Petition of P.H. MORGAN and E.W. BAUM, Executors of Lovey NICHOLSON, deceased, showeth that:
1st. That it would best subserve the interests of the heirs, legatees, and creditors of the estate of said Lovey NICHOLSON to sell the personal property belonging to said estate for cash, 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.
    /s/ P.H. MORGAN, Executor

ORDER

State of North Carolina}    In the Superior Court
    Currituck County     }    P.H. MORGAN and Edmund BAUM, Executors of Lovey NICHOLSON
    It appearing that  P.H. MORGAN and Edmund BAUM, Executors has filed in this office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of said Lovey NICHOLSON deceased, for cash:
    It is ordered and adjudged, that the said P.H. MORGAN & Edmund BAUM, Executors of Lovey NICHOLSON, deceased, shall have license to sell said property to the highest bidder, for cash, "after twenty days' notification posted at the Court House and four other public places in Currituck County," subject however to the confirmation of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property "on account of the insufficiency of the amount bid."
    It is further ordered, that said P.H. MORGAN & Edmund BAUM, Executors of Lovey NICHOLSON as aforesaid, make return of the proceeds of said sale to this Court.  This 17th day of December 1905.

[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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