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Benjamin T. Simmons
Aug. 1, 1871 - Aug. 17, 1871

In the name of God Amen:

I Benjamin T. SIMMONS of the County of Currituck and State of North Carolina, being in feeble health and of sound disposing mind and memory, blessed be God, do on this the 1st day of August Eighteen hundred and Seventy one make and publish this my last will and Testament in manner an form following to wit:

Item - I lend unto my wife Susan during her natural life the following land and premises to wit: begining [sic] on Currituck Sound adjoining the Lands of the Heirs of John BRUMSEY, Decd. thence runing [sic] a South westwardly course up the Lane or Roard [sic] to a gate standing on said Lane or Road, thence the same course continued thirty feet to a marked Post; thence a Southwardly course to a _____ ____ing [paper creased] near the South west corner of my Peach orchard, thence the same course continued across the Farm to a Post at the back fence, thence the same course continued through the woods to Coinjock Bay, thence an Eastwardly course binding the Bay to Gate Creek, runing [sic] with the Creek a North Eastwardly course to Currituck Sound, thence binding the Sound to the begining [sic], containing One hundred acres, more or less.

Item - I also give and bequeath unto my wife Susan the following property to wit, One Filly, one Mule, two beds and proper clothing for same, one cow and Calf, it being in consideration of her part of the Lands sold by the Clerk and Master in Equity.  I also give and bequeath unto my wife Susan, one cow and calf, all of Household and Kitchen furniture of every kind except the following articles to wit, six Silver Tea Spoons marked B.M.S., six silver Table spoons and one large Iron Pot; I also give and bequeath unto my wife Susan all the poultry.

Item - I lend unto my son Jerome SIMMONS the following land and premises during his natural life - begining [sic] at a marked post, near the gate on the lane or road thence runing [sic] a Southwardly course to a post standing near the South West corner of my Peach orchard thence the same course continued across the farm to the post at the back fence, thence the same course continued through the woods to Coinjock Bay, thence a westwardly course binding the Bay to the middle of the Lane, dividing the lands of Patrick PARKER decd. and mine, thence up the Lane to the road (leading to Currituck Sound) opposite the House of William A. PARKER, thence a Northward and Eastward course to the begining [sic].  The above named land and premises, I lend as above named unto my son Jerome SIMMONS during his natural life, after his death I give and bequeath into his Heirs lawfully begotten by his body the above described land, should they die without leaving lawful children begotten of their body, then and in that case, for said land to return to my estate and be divided among my other Heirs.

Item - I leave the following property to be sold for cash by my Executors hereinafter to be named, namely one Buggy and harness, one ox cart one horse cart, all my cattle not previously disposed of, all my hogs not disposed of together with all the trumpery and out property not previously disposed of - all my apple tree cions ["scion" is a shoot or branch used for grafting kms], except fifty which I give to my son Jerome SIMMONS.

Item - I leave the following swamp Lands to be sold by my Executors for cash, either at private or public sale, as my Executors may deem best, namely one tract known as the Pear and Slack swamp bounded as follows, begining [sic] on the Gnat Swamp road at the second bridge west from a live Gum standing on the North side of said road, the dividing line between me and William FERREBEE, Decd., thence a Southwardly course with said FERREBEEs line to the old Indian line, thence an Eastwardly course to East Creek say ten chains to the South of the head of said East Creek thence a Southwardly course binding said Creek to my ditch, thence an Eastwardly course with the ditch through the swamp to what is called Oak Ridge, thence Northwardly joining the swamp of Joseph BAXTER and the lands of Aquilla ROBERTS, and the Heirs of Luke GREGORY, Decd., to the said swamp road, thence with said road to first station, containing eight hundred acres, more or less; also one other tract of swamp Land lying on the back of the lands of Henry ANSELL and others known as Joe TAYLOR patent, which I purchased of Enoch STEVENS, containing one hundred and fifty acres, more or less; also two fifths of a patent granted to Jonathan TAYLOR, Decd., lying on the back of the lands of Jesse TAYLOR, decd., containing fifty acres more or less; also one half of a patent granted to Levi WALKER, Decd., and myself, situated on the West and adjoining the said Jonathan TAYLOR patent, containing one hundred acres more or less; also one half of a tract owned by Edmund SIMMONS and myself, which we purchased of Wilson SANDERLIN, containing Eighty acres more or less, reference to patents granted to Joseph TAYLOR, Jonathan TAYLOR, Decd., Adam POYNER and Thomas TAYLOR, and to Levi WALKER and myself will more fully appear.

Item - I leave the lot which I leased of the Board of Directors of the Albemarle and Chesapeake Canal Company, and the House thereon erected by me, together with one hundred and Eleven acres of swamp and Piney Land situated on North River, reference to a grant dated seventeenth day of November 1869 will more fully appear, to be sold at private or public sale by my Executors.

Item - I give and bequeath to my son Benjamin F. SIMMONS, One thousand Dollars out of my Estate, also my stock in Albemarle and Chesapeake Canal, say ten shares at one hundred share; also six silver Table Spoons and six silver Tea Spoons, marked B.M.S.

Item - My will and desire is that the remainder of my Estate be equally divided between George, Dallas, William, Jefferson, Albert, my sons, and my daughter, Isabelle, in the following manner to wit: whereas the Grandmother of my sons George, Dallas, and William, bequeathed them in her last will and testament, the sum (with interest added to August 1st 1871) of six hundred and fourteen & 45/100 Dollars, my desire is that this legacy be equally divided between George, Dallas, William, Jefferson, Albert and Isabelle, together with remainder of my Estate, but should my sons, George, Dallas, and William object to an equal division of the legacy of their Grandmother, then and in that case I direct my Executors to deduct a sufficient amount from George, Dallas, and William's in trust in my estate and give to Jefferson, Albert and Isabelle so as to make them all equal heirs in both legacies.

Item - The Land and premises which I have loaned to my wife Susan during her natural life, I leave at her death to be sold, and the proceeds to be equally divided between my sons William, Jefferson, Albert and daughter Isabelle, said land to be sold by my son B.F. SIMMONS and divided accordingly, in case of the death of my son B.F. SIMMONS, then said land to be sold by C.W. NICHOLSON and divided as directed in case of the death of C.W. NICHOLSON, the Judge of the Superior Court to appoint some reliable and capable person to make sale of said land and premises, said Judge requiring good and sufficient securities.  I desire that said Land be sold on a credit of one, two, and three years title to be retained by appointed Agent or commissioner until property is paid for.

Item - I nominate and appoint C.W. NICHOLSON guardian to my five youngest children, namely Dallas, William, Jefferson, Albert and Isabelle and as soon as all my debts are paid My son B.F. SIMMONS is directed to hand over to C.W. NICHOLSON any and all funds in his hands belonging to my Estate.

Item - My Juniper Swamp Lands lying in back woods, back of Levin BALLANCE and Isaac BAXTER's Estates, I leave in the hands of my Executor C.W. NICHOLSON to manage, that is to say, cut or work into in any manner he may think best into rails, shingles &c accounting to my Estate for same.

Lastly I nominate and appoint C.W. NICHOLSON and my son Benjamin F. SIMMONS, Executors to this my last will and testament, ratifying this and no other.
            /s/ B.T. SIMMONS    Seal

Signed and sealed in presence of
    /s/ L.M. BELL
        Dempsey WALKER
    Jurat

      

Currituck County    }    In Probate Court
    A paper writing purporting to be the last will and testament of B.T. SIMMONS is exhibited before me the undersigned Judge of Probate for said County by B.F. SIMMONS & C.W. NICHOLSON executors therein named and the due execution thereof by the said B.T. SIMMONS by the oath and examination of Dempsey WALKER and L.M. BELL subscribing witnesses thereto.  Dempsey WALKER and L.M. BELL being duly sworn doth depose & say that he is a subscribing witness that the paper writing now shown him purporting to be the last will and testament of B.T. SIMMONS.  That the said B.T. SIMMONS in the presence of this deponent subscribed at the end of said paper writing which is now shown as aforesaid and which bears date on the 1st day of August 1871.  And the deponent further saith that the said B.T. SIMMONS 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 there upon 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 subscribed his name to the said last will as aforesaid and at the time of the deponents subscribing his name as an attesting witness thereto, as aforesaid, the said B.T. SIMMONS 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.M. BELL
       Dempsey WALKER
       
Severally
sworn & subscribed this 17th day of August 1871
    /s/ A.O. DEY, Probate Judge

[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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