Return to Currituck Co.
Currituck County Wills
Jan. 8, 1890 - Jan. 20, 1890
Currituck Co. Will Book 5; pg. 171-172
[see image on Family Search]
[Born: Apr. 28, 1819 - Died: Jan. 12, 1890]
North Carolina }
Currituck County }
I J.W. WALKER of the County of Currituck and State aforesaid, being of sound mind but sick in body and considering the uncertainty of my earthly existence, do make and declare this my last will and testament.
First. My executrix hereafter named shall give my body a decent burial and pay all funeral expenses with all my just debts out of the moneys that may first come into her hands.
Second. I give and devise to my beloved wife Martha WALKER all of my property both real and personal of every description for and during her natural life in satisfaction of her dower and thirds and years provision in my estate.
Third. After the death of my wife Martha I give and bequeath to Mattie J. WALKER, my grand daughter the tract of land whereon I now live, the house tract on the west side of the public road to her and her heirs forever.
Fourth. And the balance of my real estate and what other property there may be remaining after the death of my beloved wife Martha I wish divided equally between my two children Etta WALKER, wife of L. WALKER and Harriet LINDSEY the wife of D.B. LINDSEY to them and their heirs forever. And let it be utterly understood that out of the property in the before mentioned items given away that my beloved wife Martha in case of need can sell any portion of the same, both personal and real and appropriate the proceeds of same for her comfort and maintenance, so as to save her from want of the necessaries of life in her old age if necessary.
Fifth. I wish and devise all of my heirs mentioned in this my last will to have access for their stock to my marshes attached to my lands equally.
Sixth. I hereby constitute and appoint my beloved wife Martha my lawful executrix to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof, hereby declaring all other wills made by me utterly null and void.
In witness whereof, I the said J.W. WALKER do hereunto set my hand and seal this the 8th day of January 1890.
/s/ J.W. WALKER seal
Signed sealed published and declared by the said J.W. WALKER to be his last will and testament in the presence of us who at his request & in his presence do subscribe our names as witnesses thereto.
North Carolina } In Superior Court
Currituck County } Before H.B. ANSELL, Clerk
In Re Estate }
of } Order for Probate of Will
J.W. WALKER, deceased}
A paper writing purporting to be the last will and testament of J.W. WALKER deceased is exhibited in open court for probate by Martha WALKER, executrix therein named; and the due execution thereof by the said J.W. WALKER, dec’d duly proven by the oath and examination of Wilson WALKER and Daniel OLDS subscribing witnesses thereto and it is further shown to the satisfaction of the court by said witnesses that the said J.W. WALKER 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 J.W. WALKER 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 provided by law in the Office of Clerk of Superior Court of said County.
It is further ordered that said Martha WALKER be allowed to qualify as executrix as provided by law and enter upon the discharge of the duties imposed by said trust.
And hereupon said Martha WALKER qualifies by taking the oath prescribed by law which is herewith filed and letters testamentary with will annexed is granted her.
Dated this 27th day of January 1890
/s/ H.B. ANSELL, C.S.C
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