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Currituck County Wills
Nelson Sawyer of
Princess Anne Co., VA
March 2, 1897 - March 15, 1897
In the name of God, Amen. I, Nelson SAWYER, a farmer of the County of Princess Anne, State of Virginia, being of sound mind and memory, make this my last will and Testament. I give, devise and bequeath all my estate, real and personal, as follows:
1st - The farm I own in Princess Anne County, State of Virginia, known as the "Hodges tract", of one hundred & sixty nine & half acres, more or less, bounded by the lands of Wm. LANE and Edmond CARTWRIGHT, I give to Nelson BROTHERS, the son of Thomas BROTHERS, for and during his life, and after his death to his heirs in fee simple, forever.
2nd - The two houses and lots, owned by me, in Elizabeth City, North Carolina, situate on Church Street, I give to Willie Edwards MANSFIELD, the son of Jesse MANSFIELD, JR., during his life, and after his death, to his heirs in fee simple, forever.
3d - Another house and lot I own in the said Elizabeth City, North Carolina situate on the corner of Harney & Cherry Streets, I give to Luvinia MANSFIELD, daughter of the said Jesse MANSFIELD, JR., during her life, and after her death to her heirs in fee simple, forever.
4th - All my personal estate and effects, or any other kind of property that I may possess at the time of my decease, and not heretofore given and bequeathed, I direct my executor, hereinafter named, to apply the same in paying all my just debts, my funeral expenses and any other necessary charges that may be incurred in my last sickness, & the charges of probating and proving this my will & testament. And if there be any residue left after paying all said debts and charges, I give and bequeath the same to the three legatees above mentioned, namely, Nelson BROTHERS, Willie Edwards MANSFIELD, and Luvinia MANSFIELD and their heirs forever, in equal shares and proportions. And I do hereby nominate and appoint my friend, L.P. WHITEHURST, executor to this my last will and testament. I hereby revoke all other wills by me made, and do declare this to contain my last will and testament. In testimony whereof I hereunto set my hand and affixed my seal, this the 2 day of March 1897.
/s/ Nelson [his x mark] SAWYER Seal
Signed, sealed, published and declared by the testator, Nelson SAWYER, for his last will & testament in the presence of us, who in his presence and at his request and in the presence of each other, have hereunto subscribed our names as witnesses
/s/ L.P. WHITEHURST
/s/ T.J. GILBERT
L.P. WHITEHURST executor in account with the estate of Nelson SAWYER, dec'd.
1st Account of sale see Record of Accounts of page 203 - $ 135.76
Inventories page 210 - $1063.00
2nd Acct. of Sales see Rec. of Acct. of Sales page 203 - $ 95.00
March 29-97 Paid J.C. BAUM, M.D. Medical Bill $ 43.50 June 12-1897 Paid T.J. GILBERT fare to Norfolk after Coffin 1.20 July 15- 1897 Paid T.J. CARTWRIGHT for delivering corn 1.00 July 5- 1897 Paid E.W. ANSELL, CSC, for copies of letters of Adm. & Seal 1.95 Paid E.W. ANSELL, CSC, cost of will 3.00 Aug. 13- 1897 Paid Nelson STALLINGS for labor ___ing? grave stones .25 July 7- 1897 Paid John B. HALL for head & foot stones & freight 19.00 Jan. 10- 1896 Paid J.E. READ medical bill 1.50 Jan. 11- 1896
1.50 Jan. 3, 1898 Paid Walter STEWART for labor 1.00 Apr. 23, 1897 Paid M.C. MANSFIELD for shucking corn 9.24 Nov. 10, 1897 Paid H.E. SIMMONS for two trees (cypress) 5.00 Apl. 22, 1897 Paid W.W. COX for use of wagon 1.00 Mch. 18- 1898 Paid E.W. ANSELL, CSC, for 2 affidavits & recording acct. of sale .80 Dec. 4- 1897 Paid L.F. CULPEPPER for labor 22.85 Apl. 22- 1897 Paid Jesse MANSFIELD for taking care of Nelson SAWYER 100.00 Apl. 22- 1897 Paid Jesse MANSFIELD for 25 days work, building? house 25.00 Paid W.C. FENTRESS, Trea. of Princess Anne Co. Tax for 1897 4.09 Paid Tax E. City property for the year 1896 15.09 Paid Executor's expenses to Norfolk, E. City, &c 15.85 Paid Commissions allowed including trouble time expended &c 78.38 Clerk's Commis. 5.57 $357.77 May 18, 1898 Amt. due estate $935.99 /s/ L.P. WHITEHURST, Executor
Sworn to & subscribed before me this May 18th 1898.
/s/ E.W. ANSELL, C.S.C.
The above amount is to be divided among the following heirs at law.
Willie Edwards MANSFIELD
Receipt for Lou MANSFIELD 311.99
Receipt for Thos. BROTHERS 311.99
Paid into Clerk's Office for Willie Edwards MANSFIELD, minor heir 311.99 $935.97
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 Nelson SAWYER, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by L.P. WHITEHURST the executor therein mentioned, and the due execution thereof by the said Nelson SAWYER is proved by the oath and examination of L.P. WHITEHURST and T.J. GILBERT 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 Nelson SAWYER that the said Nelson SAWYER 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 2nd day of March 1897.
And the deponent further saith, that the said Nelson SAWYER 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 Nelson SAWYER 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/ L.P. WHITEHURST Seal
T.J. GILBERT Seal
Severally sworn and subscribed this 15th day of March 1897 before me
/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 Nelson SAWYER, dec'd.
L.P. WHITEHURST being sworn, doth say: That Nelson SAWYER, late of said county, is dead, having first made and published his last Will and Testament; and that L.P. WHITEHURST is the executor named therein.
Further, that the property of the said Nelson SAWYER consisting of personal property &c cash, notes & other chattel property is worth about $1300.00, so far as can be ascertained at the date of this application; and that Nelson BROTHERS, Willie Edwards MANSFIELD & Luvinia MANSFIELD, all of the County of Currituck - Willie Edwards MANSFIELD and Nelson BROTHERS are minors without guardian, are the parties entitled under said will to the said property.
/s/ L.P. WHITEHURST
Sworn and subscribed before me, the 15th day of March 1897.
/s/ E.W. ANSELL Clerk Superior Court
State of North Carolina} SS. In the Superior Court
Currituck County }
I, L.P. WHITEHURST, do solemnly swear or (affirm) that I believe this paper writing to be and contain the last will and testament of Nelson SAWYER 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 that I will well and faithfully execute the office of an executrix agreeable to the trust and confidence reposed in me, and according to law, so help me God.
/s/ L.P. WHITEHURST
Sworn and subscribed before me, this 15th day of March 1897.
/s/ E.W. ANSELL
PROBATE OF A WILL
North Carolina } In the Superior Court before E.W. ANSELL, Clerk
Currituck County} In Re Estate of Nelson SAWYER, deceased
A paper writing purporting to be the last will and testament of Nelson SAWYER, dec'd., is exhibited in open court for probate by L.P. WHITEHURST, Executor therein name; and the due execution thereof by the said Nelson SAWYER, dec'd. is duly proven by the oath and examination of L.P. WHITEHURST and T.J. GILBERT subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said Nelson SAWYER 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 Nelson SAWYER, 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 ordered that said L.P. WHITEHURST 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 15th 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!
© 2006 Kay Midgett Sheppard