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Currituck County Wills

Emily Chadwick Tatem
Aug 25, 1898 - Sept. 30, 1899

State of North Carolina}
    Currituck County     }

In the name of God, Amen.

I Emily Chadwick TATEM being sick in body but Sound in mind & memory do make & declare this to be my last Will & testament, herby revoking all other former wills by me made.  That is to say

Item 1st  I give & bequeath my sewing machine to my little friend Kempa FORBES (daughter of John & Sarah FORBES) to her forever.

Item 2  I give & bequeath all my lands, two beds, two cows, one clock, one set cane seated chairs, one Rocker that was my Father's at his death, and all other chattel property that I may have at my death, to my beloved husband during the term of his natural life, at his death to my beloved Nieces Cora M.V. FOLLETT and Emma C. McCLEES, to them forever. Provided,

1st That the property herein bequeathed shall not be used by any of my husband's relatives or shall my husband bestowe any interests or other benefits arising from the sale or rents of said property upon any of his relatives.  Should my husband depart from the conditions above set forth at any time after my death then in that case his title shall cease & he shall fully? deliver the property bequeathed to him & them? over to my Nieces.

2nd Provided further That at my death my body shall be neatly laid to rest in my family burying ground with my Father & Mother & a suitable Fence of lasting material shall be placed around our graves, jointly by my husband & Nieces.

3rd Should my husband & nieces fail to erect the above described fence then in that case My executor hereinafter named, shall at the death of my husband sell enough of my property as may be necessary & erect said described fence.

I hereby nominate and appoint my friend J.H. DOZIER my Executor to this my last will & testament to execute the Same to the true intent & meaning of the foregoing Items.

In witness whereof I the said Emily Chadwick TATEM do hereunto set my hand & Seal this the 25th day of August A.D. 1898.
    /s/ Emily Chadwick [her x mark] TATEM     Seal

Signed sealed published & declared by the said Emily Chadwick TATEM to be her last will & testament in the presence of us who at her request and in her presence and in the presence do subscribe our names at witnesses thereto.
   A.B. MIDGETT
   B.S. WALKER

PROBATE OF A WILL

  North Carolina  }    In the Superior Court before E.W. ANSELL, Clerk
Currituck County}    In Re Estate of Emily Chadwick TATEM, deceased
    A paper writing purporting to be the last will and testament of Emily Chadwick TATEM, dec'd., is exhibited in open court for probate by J.H. DOZIER, Executor therein named; and the due execution thereof by the said Emily Chadwick TATEM, dec'd. is duly proven by the oath and examination of A.B. MIDGETT and B.S. WALKER subscribing witnesses thereto; and it is further shown to the satisfaction of the court by said witnesses that the said Emily Chadwick TATEM 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 Emily Chadwick TATEM, 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 J.H. DOZIER 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 30th day of September 1899.
     /s/ E.W. ANSELL Clerk of Superior Court

EXECUTOR'S OATH

State of North Carolina    }    SS. In the Superior Court
Currituck County             }
    I, J.H. DOZIER, do solemnly swear (or affirm) that I believe this writing to be and contain the last Will and Testament of Emily Chadwick TATEM, deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, as 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 executor agreeable to the trust and confidence reposed in me, and according to law, so help me GOD.
     /s/ J.H. DOZIER

Sworn and subscribed before me, this 30th day of September 1899.
     /s/ E.W. ANSELL, Clerk Superior Court

APPLICATION FOR LETTERS TESTAMENTARY

State of North Carolina    }    In the matter of the last will of Emily Chadwick TATEM, dec'd.
    Currituck County         }    Before E.W. ANSELL, Clerk Superior Court
    J.H. DOZIER being duly sworn, doth say: That Emily Chadwick TATEM, late of said County, is dead, having first made and published her last will and testament; and that J.H. DOZIER is the executor named therein.  Further, that the property of the said Emily Chadwick TATEM consisting of two cows, beds chairs &c it work about $30.00 so far as can be ascertained at the date of this application, and that William TATEM are the parties entitled under said will to the said property.
     /s/ J.H. DOZIER

Sworn and subscribed before me, the 30th day of Sept. 1899.
     [not signed]  Clerk Superior Court

PROBATE OF WILL WITH EXAMINATION OF WITNESSES

State of North Carolina    }    SS. In the Superior Court
Currituck County             }
    A paper writing purporting to be the last will and testament of Emily Chadwick TATEM, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by J.H. DOZIER the executor therein mentioned, and the due execution thereof by the said Emily Chadwick TATEM is proved by the oath and examination of A.B. MIDGETT and B.S. WALKER 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 Emily Chadwick TATEM that the said Emily Chadwick TATEM in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears date of the 25th day of August 1898.
    And the deponent further saith that the said Emily Chadwick TATEM, 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 her 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 her name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, the said Emily Chadwick TATEM 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.
     /s/ A.B. MIDGETT         Seal
     /s/ B.S. WALKER           Seal

Severally sworn and subscribed this 30th day of Sept. 1899 before me
     /s/ E.W. ANSELL, Clerk Superior Court

[On the back of this will is written: Recorded on Book of Wills No. 5; page 282]

[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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2006 Kay Midgett Sheppard