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Currituck County Wills

Polly Owens
Nov. 4, 1893 - March 1, 1897

State of North Carolina}
     Currituck County    }

I Polly OWENS 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 and testament in manner and form following that is to say.

first - that my Executor (hereinafter named) shall Provide for My body a descent burial suitable to the wishes of my relatives and friends and pay all funeral expenses out of the moneys or property that may come into his hands of my estate.

I give devise and bequeath unto my Grand Son James OWENS his heirs and assigns forever all My property of what nature or kind soever and Wheresoever the same shall be at the time of my death and I do nominate constitute and appoint my said Grand Son James OWENS Sole Executor of this my last will and testament hereby revokeing and making void all and every will or wills at any time heretofore made by me and do declare this to be my last will and testament.  In witness whereof, I, the said Polly OWENS have hereunto Set my hand and Seal this 4th day of November A. D. 1893.
    /s/ Polly [her x mark] OWENS    Seal

Signed declared and published by the above named Polly OWENS as and for her last will and testament.  In the presents of us who at her request and in her presence have subscribed our names as witnesses thereto
    S. A. GILDEN
    S. H. GILDEN

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 Polly OWENS, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by James OWENS the executor therein mentioned, and the due execution thereof by the said Polly OWENS is proved by the oath and examination of S.A. GILDEN and S.H. GILDEN 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 Polly OWENS that the said Polly OWENS in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears day of the 4th day of November 1893.
     And the deponent further saith, that the said Polly OWENS 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 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 a 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 Lucinda OWENS 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/ S.G. GILDEN                            Seal
         S.H. [his x mark] GILDEN          Seal

Severally sworn and subscribed this first day of March 1897 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 Last Will of Polly OWENS, dec'd
    James OWENS being duly sworn, doth say: That Polly OWENS, late of said county, is dead, having first made and published her last will and testament; and that James OWENS is the executor named therein.
    Further, that the property of the said Polly OWENS consisting of household & kitchen furniture is worth about $20.00 so far as can be ascertained at the date of this application; and that James OWENS is the party entitled under said will to the said property.
    /s/ James OWENS
        Sworn to and subscribed before me, the first day of March 1897.
            /s/ E.W. ANSELL, Clerk Superior Court

EXECUTOR'S OATH

  North Carolina  }    SS.  In the Superior Court
Currituck County}
    I, James OWENS, do solemnly swear or (affirm) that I believe this paper writing to be and contain the last will and testament of Polly OWENS 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 all other duties pertaining to the office of  an executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
    /s/ James OWENS
        Sworn to and subscribed before me, this first day of March 1897.
            /s/ E.W. ANSELL, Clerk Superior Court

PROBATE OF WILL

  North Carolina    }    In Superior Court before E.W. ANSELL, Clerk
Currituck County   }    In re Estate of Polly OWENS, deceased
     A paper writing purporting to be the last will and testament of Polly OWENS, decd., is exhibited for probate by James OWENS, executor therein named; and the due execution thereof by the said Polly OWENS, decd., duly proven by the oath & examination of S.A. GILDEN and S.H. GILDEN, subscribing witnesses thereto; and it is further shown to the satisfaction of the Court by said witnesses that the said Polly OWENS 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 & decreed that said proof is sufficient and that said paper writing is and contains the last will & testament of Polly OWENS, decd.  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 Clerk Superior Court of said county.
    It is further ordered that said James OWENS 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 first day of March 1897.
     /s/ E.W. ANSELL, Clerk of Superior Court

[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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