Return to Currituck Co.
Currituck County Wills
Aug. 23, 1892 - Oct. 31, 1892
State of North Carolina
In the name of God Amen.
I Thomas WHITEHALL being of sound and disposing mind and memory, and considering the uncertainty of this mortal life, do make and declare this my last will and testament in manner and form following
Item 1 I lend to my beloved wife Sarah all of my real estate to use and control the same as she may see proper during her natural life.
Item 2nd At the death of my wife Sarah, I lend to my grand daughter Elizabeth Ann HAMPTON during her natural life the tract of land on which she now resides known as the Margaret WOODHOUSE thirds, and at her death I give said land to her three children Kisiah Mary Mariah and Fanny, to them and their heirs forever.
Item 3d At the death of my wife Sarah I lend to my daughter Sarah E. WHITE during her natural life one half of the ballance of my land outside of the Margaret WOODHOUSE thirds, it being one half of the tract of land on which I now reside and at her death I give said tract of land to my grand daughter Patsey WHITE to her and her heirs forever.
Item 4th At the death of my wife Sarah I lend to my daughter Caroline S. TATUM during her natural life the other half of said tract of land, it being the other half of the tract on which I now reside and at her death said tract shall descend to my surviving heirs to them and their heirs forever.
Item 5 At the death of my wife Sarah I lend to my grand daughter Elizabeth Ann HAMPTON, Sarah E. WHITE, my daughter, and my daughter Caroline S. TATUM, during their natural lives, to each an equal share of my wood land, that is to say one third share of said land to each, on the same terms as the land already above conveyed and at the death of Elizabeth Ann HAMPTON I give her share of said tract to her children Keisiah Mary Mariah and Fanny, and at the death of Sallie E. WHITE, I give her share of said tract to my grand daughter Patsey WHITE, and at the death of Caroline S. TATUM, I give her share of said tract to my surviving heirs to them and the heirs of each party forever.
Item 6 I give to my beloved wife Sarah all of my personal property of whatsoever kind or description including the notes and mortgage which I hold against John B. RANDOLPH, and all money I may have on hand at the time of my death.
Item 7th I hereby constitute and appoint my beloved wife executrix of this my last will and testament. Witness my hand and seal this the 23d day of August 1892.
/s/ Thomas [his x mark] WHITEHALL Seal
Signed sealed delivered and published by Thomas WHITEHALL as his last will and testament in the presence of us the subscribing witnesses who subscribed out names hereto in the presence of said testator (at his special instance and request) and in the presence of each other this 23d day of August 1892.
PROBATE OF WILL
North Carolina } In Superior Court Before H.B. ANSELL, Clerk
Currituck County} In Re Estate of Thomas WHITEHALL, deceased
A paper writing purporting to be the last will and testament of Thomas WHITEHALL, dec'd., is exhibited in open court for probate by W.T. GRIGGS, agent for Sarah WHITEHALL, executrix therein named; and the due execution thereof by the said Thomas WHITEHALL dec'd. is duly proven by the oath and examination of V.L. PITTS and W.T. GRIGGS, subscribing witnesses thereto: and it is further shown to the satisfaction of the Court by said witnesses that the said Thomas WHITEHALL 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 Thomas WHITEHALL, 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 as such filed as provided by law in the office of Clerk of Superior Court of said County.
It is further ordered that said Sarah WHITEHALL be allowed to qualify as executrix as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this 31st day of October 1892.
/s/ H.B. ANSELL, Clerk Superior Court
State of North Carolina} SS. In the Superior Court
Currituck County }
I, Sarah WHITEHALL do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of Thomas WHITEHALL deceased; and that I will well and truly execute the same by first paying her debts and then her 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/ Sarah [her x mark] WHITEHALL
Sworn to and subscribed before me, this first day of November 1892
/s/ H.B. ANSELL, Clerk Superior Court
[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]
This will appears to be the original and was found in the Clerk of Court Office. The will to the right appears to have been recopied at some point in time and was found in Will Book 5; pgs. 202-203 Scanned images are courtesy of Ben Bateman.
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!
© 2006 Kay Midgett Sheppard