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John J. Waterfield
July 8, 1861 - Feby Term 1866

In the name of god amen.

I John  J. WATERFIELD of the State of North Carolina and County of Currituck do on the 8th day of July in the year of Our Lord One Thousand Eight Hundred and Sixty one do publish and declaire this to be my last will and Testament in maner and form following to wit first I give my Soul to God who gave it and my bodey to be buryed in a christian like maner.

Item first I Gave unto my only Son Samuel J. WATERFIELD all the Land that I now own to him and all of his lawful heirs begotten by his bodey now in case he the Said Samuel J. WATERFIELD Should die leaving no Isue of his lawfuly begottin then in that case I leave my Land to be Sold at Public Oction after being Published forty days by advertisement by my Exetor or admr and that a credit of Twelve months be givin the proceds thereof to be equly devided betwen all the Male childrin that my Daughter Lydia WATERFIELD ma have living at that time, and also I gave to my Son the Said Samuel J. WATERFIELD all the money notes and acts that I have or may have at the time of my death.

Item second I gave to my Wife Polly WATERFIELD one years provision out of my Personal Estate and also leave her the Said Polly WATERFIELD one third of my land during her lifetime to be set off to her by three free holders disinterestd who may be chosen by my Exetor who I Shall hereafter name.

Item 3d  I gave unto my Said Son Samuel J. WATERFIELD all of the resadue of my personnal Estate that I have or ma have or own at the time of my Dath after paying all of my Just and Lawful Debts.  I hereby nominate and apoint my only Son Samuel J. WATERFIELD my whole Soul Exeter to this my Last will and Testament.  This July 8th 1861.
    /s/ John J. WATERFIELD        Seal

    John B. JONES
    Caleb W. BEASLEY

    The foregoing paper writing purporting to be the last will & testament of John J. WATERFIELD is exhibited for probate in open court by Samuel J. WATERFIELD the executor therein named and the due execution thereof by the Said John J. WATERFIELD is proved by the oath & examination of  Caleb W. BEASLEY one of the subscribing witnesses thereto and it is further proved by the Said witness that John B. JONES the other subscribing witness to said will is dead and that he is well acquainted with the hand writing of the Said John B. JONES having often seen him write and that his name subscribed to said will is in his own hand writing, and the witness further proved that the Said John B. JONES subscribed Said will as a witness that he subscribed it in his presence and in the presence and at the request of the Testator.  It is therefore considered by the court that the said paper writing and every part thereof is the last will and testament of John J. WATERFIELD, decd sufficient in law to pass both real & personal estate and the same is ordered to be recorded & filed and thereupon the Said Samuel J. WATERFIELD the executor therein named duly qualified as Such by taking the oath & Giving the bond required by law.
    /not signed/

[On the back is written: Feby Term 1866; Recorded in Book No 4 page 256 &57; /s/ J.W. BAXTER CCC]

NOTE: According to the Currituck County Cemetery book, John J. Waterfield died Nov. 13, 1865 at the age of 58.  His wife, Mary A. Waterfield (Polly is this will) died April 8, 1871 at the age of 68.  Both are buried in a cemetery on Knotts Island.]

[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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