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Currituck County Wills

Dempsey Walker
Jan. 11, 1890 - Oct. 16, 1891

  North Carolina  }
Currituck County}

I, Dempsey WALKER of the County and State aforesaid being of sound mind and disposing memory and in my usual health of body Considering the uncertainty of this earthly like do make and declare this to be my last will and testament.

First: My executrix hereinafter named shall give my body a decent burial according to the wishes of my relatives and friends.

Second:  I give and bequeath unto my beloved wife Henrietta all my estate both real and personal, during the time of her natural life, but in case of needs, she may sell and dispose of any of the Chattel property thus loaned for her support and Comfort, if she may think proper so to do.

Third:  After the death of my beloved wife Henrietta I give and bequeath my real estate as follows: I have divided my cleared land into three tracts as near equals as may be for my purpose:  The Northwestern third or share runs from the public road back to the woods, bounded on the Northwest by the lands of Jennie BALLANCE, and on the Southeast by a cross fence; this part I give and bequeath to the two children of Elma WALKER by Jennie his wife named Willie and Benjamin Virginia and in case either of them should die without an heir begotten by his body then it goes to the one surviving and in case both should die without an heir begotten by them in that case its my will that it go back to the rest of my children, to them and their heirs forever.  But Elma WALKER shall have the use and control of their share as long as he lives.

Fourth:  The next share or third part I give & bequeath unto the children that may be begotten by my son Gideon WALKER, but in case he never has any children, in that case, it is to revert back to the rest of my heirs, to them forever, but my son Gideon shall have the use and benefit and the control of the share as long as he lives.  This share or third is bound on the North West by the first share, and on the Southeast by a ditch, said share running from the public road back to the woods in length.

Fifth:  The last and third share I give and bequeath to my daughter Susan M. WALKER which lays to the Southeast of the last named share and Constitutes the Southeast portion of the farm, to her and her heirs forever.

Sixth:  The woodland that belongs to the above divided cleared land, I wish divided into three shares Contiguous to the cleared shares as near as may be, and one share of this woodland I hereby apportion to each share of the cleared land and shall be a part and parcel of the same and shall be taken Western share to Western share, Middle share to Middle share, &c. to the end.

Sixth: [sic]  If there be any chattel property left after the death of my wife Henrietta, I give and bequeath the same in equal shares to my three children, Gideon, Elma and Susan, to them and their heirs forever.

And lastly, I hereby appoint Gideon WALKER, my son, as executor to this my last Will and Testament to carry out the same to all intents and purposes and every part and clause thereof first paying my funeral expenses and my just and lawful debts, hereby revoking all other will heretofore made by me.

In witness whereof I, the said Dempsey WALKER do hereunto set my hand and seal this the 11th day of January 1890.
    /s/ Dempsey WALKER    Seal

Signed, sealed, published, and declared, by the said Dempsey WALKER to be his last Will and Testament, in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto.
    /s/ S.T. ANSELL
    /s/ Job FORBES

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

  North Carolina  }    SS.  In the Superior Court
Currituck County}   
    A paper writing purporting to be the last will and testament of Dempsey WALKER, deceased, is exhibited in open court for probate by {the will of Dempsey WALKER was written my H.B. ANSELL, CSC and left with him by said Dempsey WALKER with the request that he keep it till he the testator died}.  Proven by the oath and examination of S.T. ANSELL & Job FORBES the subscribing witnesses thereto; who being duly sworn, doth depose and each for himself deposeth and saith that he is a subscribing witness to the writing now shown him purporting to be the last will and testament of Dempsey WALKER that the said Dempsey WALKER in the presence of this deponent, subscribed his name at the end of said paper writing now shown aforesaid, and which bears date of the 11th day of January 1890.
    /s/ Job FORBES
    /s/ S.T. ANSELL

Severally sworn and subscribed this 16th day of October 1891 before me
            /s/ H.B. ANSELL    Clerk Superior Court

EXECUTOR'S OATH

State of North Carolina}        In the Superior Court
    Currituck County     }        In the matter of the last will of Dempsey WALKER
It appearing to the Court by the oath and examination of S.T. ANSELL and Job FORBES the subscribing witnesses thereto, that the paper writing propounded by the Executor therein named, is the last will and testament of Dempsey WALKER and that the same was duly executed by said Dempsey WALKER in the presence of said witnesses and that at the time of signing the same the said Dempsey WALKER was of sound mind.  It is thereupon adjudged that the said paper writing is and contains the last will and testament of Dempsey WALKER, dec'd, and as such be recorded in the clerk's office and filed and that Gideon WALKER the Executor there in named qualify as such.  This the 16th day of October 1891.  
    /s/ H.B. 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!

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