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Currituck County Wills
Henry M. Shaw
May 15, 1861 - May Term 1866
Currituck Co. Will Book 4 ; pg. 258-259
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I HENRY M. SHAW of the County of Currituck and State of North Carolina being of sound & disposing mind & memory do on this 15th day of May in the year of our Lord Eighteen hundred & Sixty one, make and ordain this my last will & Testament in manner & form following.
Item first I nominate & appoint my beloved wife Mary R. SHAW executrix to this my last will and testament & Guardian to my children during her widowhood.
Secondly Out of my personal property I desire my wife to pay such debts as I may owe in such manner as shall to her seem most discreet & proper.
Thirdly The residue of my estate both real & personal I loan to my wife Mary R. SHAW during her widowhood, on condition that she raise support and educate my children William B., Henry M., Mary I., and Susan Elizabeth SHAW, and to that and she shall have power to sell any portion of my real or personal estate that she may think necessary and proper.
Fourthly As each of my sons William B. and Henry M. SHAW shall attain the age of twenty one years or sooner if in her good judgment she shall deem it to their advantage & benefit, I give to my wife Mary R. SHAW the power to advance to him or them such portion of my estate as she may consider proper & necessary for his or their advancement in life having always a due regard to the rights and interests of my two daughters aforesaid to an equal share of my estate both real & personal so also in case of the marriage of one or both of my daughters aforesaid I give to my wife Mary R. SHAW the power to make like advancements to her or them.
Fifthly Should my wife Mary R. SHAW marry again then at her marriage I give to her a share of my personal property equal to that of each of children and also dower in my realty and such share of my personal estate & dower in my land shall be valued and set apart to her by three discreet and disinterested Commissioners who shall be chosen by the County Court of Currituck County and at the same time her Testamentary Guardianship of my children shall cease and a Guardian or Guardians shall be appointed for such of them as shall then be minors by the Court aforesaid.
Sixthly In case my wife Mary R. SHAW at any time during her widowhood and during her Guardianship of my children shall deem it expedient & condusive to the interests of my children to sell any portion or all of my real estate for the purpose of buying other real estate either within the limits of this State or beyond the same, then she shall have full & ample pemin? to sell the same and to convey title by deed provided that the real estate to be then purchased; shall be purchased in the name of any children and the title secured to them. I give to my wife aforesaid the same power in reference to my personal estate.
Seventhly In case of the death of my wife Mary R. SHAW before all my children shall have attained the age of twenty one years it is my desire that the County Court of Currituck County appoint a guardian or guardians for such of them as shall then be infants.
It has been my intention preceeding clauses of this will to provide in the case of my wife’s marriage that she shall have dower right in my real estate & a share of my personal property equal to each one of my children and at the death of my wife should she remain single that all of my estate both real & personal shall be equally divided among my children aforesaid due regard being had in the division to any advancement that may have been made to either or all of them by my wife.
In witness whereof I have hereunto set my hand & affixed my seal day & date above written.
/s/ H.M. SHAW seal
Recorded 18th day of July 1866 J.W. BAXTER, CCC
See minute docket May Term 1866 for probate JWB
[NOTE: According to tombstone inscriptions in the Shaw Cemetery at Shawboro, Dr. Henry M. Shaw was born in Newport, R.I. on Nov. 20, 1817, was a Col. in the 8th NC Regiment of Confederate Volunteers and was killed at the Battle of New Bern, NC on Feb. 1, 1864. Henry's wife was Mary R. Trotman who was born in Camden Co. on Mar. 25, 1819 and died at Shawboro, NC on Feb. 19, 1874. Susan Elizabeth Shaw, mentioned in this will, is also buried in this cemetery. Her tombstone reads "S.E. Shaw; Daughter of Henry M. & Mary T. Shaw; Age 5 years".]
This will was contributed by Judy Merrell Brickhouse. 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!
© 2011 Kay Midgett Sheppard