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Currituck County Wills
In the name of God Amen. I James SIMMONS of Currituck County & the Province of North Carolina being in perfect mind & memory thanks be to God for it. Therefore calling to mind the mortality of my body & knowing that is appointed for all men Once to die do make & ordain this my Last Will & Testament that is to say principally & first of all I give & recommend my soul into the hands of God that gave it & as for my body I recommend it to the earth to be buried in a christian like & decent manner at the discression of my Extor. Nothing doubting but at the General Reserection I shall receive the same by the mighty power of God & as touching such worldly estate where with it hath pleased Almighty God of his great mercy to bless me in this I give desire & dispose of the same in the following manner & form.
Imprimas I give and bequeath to my well beloved Sone Isles SIMMONS all & singualar my worldly estate both movable & immoveable to be applied to the use of my well beloved Sone Vizt. To keep him in a decent & christian manner at the discretion of my Extor. Hear after named giving such lerning as they or either of them shall think sufficient according to his ability & likewise my desires is that when my beloved Sone shall arrive to the years of Discresion to be bound out to a trade giving him liberty of choice otherwise if he refuses to chuse for himself that the exors. hearafter named shall put him to such trade an ______ either of them shall think most to his bennifit & likewise my desire is that if my well beloved Sone die without lawful issue then such thing or things creature or creatures mentioned in a Bill of Sale past by Isles COOPER to me for _________, cattle & other things should be equilly devided between William FEREBEE's children & John COOPER's child Sam.(?) COOPER likewise my desire is that the remainder part of my worldly estate after afsd legacies made according to afsd. bill of Sale or instrument of writing complyed with to be eaquilly devided between my well beloved Brother Saml. SIMMONS children & John SIMMONS children likewise my desire is that my well beloved Sone Isles SIMMONS continue ye cear & potection of WILL. FEREBEE to be brought up & delt with as afore mentioned as he ye ____ FEREBEE shall think proper persuant to ye afore mentioned will & whom I likewise constitute make & ordain my whole and sole exetrs. of this my Last Will and Testament utterly revoaking disannulling all & every other former wills gifts legacies or requests by me in any ways heartofore willed named or bequeathed in manner ____ ____ ratifying and confirming this & no other to be my Last Will and Testament in witness whereof I have hearunto set my hand & seal this Fifteenth day of August in the year of our Lord 1752.
/s/ James SIMMONS seal
Signed sealed & delivered in the presence
Peter [his x mark] SPRAKIN
North Carolina} March County Court Anno Dom 1755
Present his majesties Justices
These may certifie that Samuel SIMMONS and George FISHER Appeared in open court and made oath that they saw James SIMMONS sign seal publish and declare the written to be and contain his Last Will and Testament and that the said James was then and at that time of sound and disposing memory and that they saw the other subscribing evidence sign his name thereto then also William FEREBY appeard and took the executors oath in due form of law. Ordered that the honble James MURRAY have notice thereof that letters issue thereon as the law Directs.
Test. William SHERGOLD CC
[Source: North Carolina State Archives - MARS ID: 126.96.36.1997 (folder)]
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!
© 2004 Kay Midgett Sheppard