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Currituck County Wills

Leven/Levin Whitehurst
Feb. 4, 1873 - July 28, 1884

In the name of God Amen.

I Levin WHITEHURST of the State of North Carolina and County of Currituck being in tolerably good health and of Sound disposing mind do make and publish this my last will and testament in manner and form as follows.

Item 1st  I give and bequeath to my three Sons Luke H. WHITEHURST, John H. WHITEHURST and Edmund J. WHITEHURST all my home tract of land together with all my Indian Creek Land and Marsh and Knotts equally among the above mentioned Sons to them and their heirs forever.

2  I give to my three sons Luke H. WHITEHURST John H. WHITEHURST and Edmund J. WHITEHURST one Feather Bed and furniture Each.

3  I give to [my] son John H. WHITEHURST one pair Cart wheels.

4  I give to my daughter Mary F. WHITE the Same property which I have heretofore given her and all the claims which I now hold against her deceased husband and herself except one promissory note which I hold against her for Fifty dollars.

5th  I give to my daughter Elizabeth A. BELL the Same property and Cash which I have heretofore given her.

6th  I give to my daughter Charlotte EATON the same property which I have heretofore given her.

7th  I give to my daughter Arsenath BONNEY the same property which I have heretofore given her.

Item 8th  I give to my daughter Emily F. MUNDEN the Same property which I have heretofore given her.

9th  All the Balance of my property not given away I give to my five daughters (Viz) Mary F. WHITE, Elizabeth A. BELL, Charlotte EATON, Arsenath BONNEY and Emily F. MUNDEN to be equally devided among them, to them and their heirs forever except cash that may be left on hand which I wish to be used to pay off Funeral expenses and also the expense of settling my Estate.

Lastly I nominate and appoint my Son Luke H. WHITEHURST Executor to this my last will and testament revoking all former wills by me made.  In witness whereof I have hereunto set my hand and Caused my seal to be affixed this the 4th day of February Anno Domini 1873.
    /s/ Levin WHITEHURST        Seal

Signed sealed & delivered in presence of
    James WHITE
    Albert Gordon

State of North Carolina }    In Superior Court
      Currituck County    }
    To John H. WHITEHURST, Edmund J. WHITEHURST, Mary F. WHITE, Elizabeth A. BELL, J.J. EATON and Charlotte EATON his wife, Virginus W. BONNEY and Arsenath BONNEY his wife, W.T. MUNDEN and Emily F. MUNDEN his wife, heirs at law of Leven WHITEHURST, deceased.
    Take notice that a paper writing purporting to be the last will and testament of Leven WHITEHURST, deceased, late of said County, has this day been filed in this Court by Luke H. WHITEHURST, the executor named therein, for probate, a true copy of the same is hereto annexed, and will come up for probate on Monday the 28th day of July 1884 at my office at Currituck Court House, when and where you can appear and see proceedings in this matter, if you deem it proper.
    Given under my hand and seal this the 21st day of July A.D. 1884
        /s/ H.B. ANSELL, Clerk Superior Court, Currituck County, N.C.

We acknowledge service of the within notice, and hereby consent to the probate of the will of Levin WHITEHURST, a copy of which is appended to said notice.
    /s/ L.H. WHITEHURST
        E.J. WHITEHURST
        J.J. EATON
        Charlotte
[her x mark] EATON
        V.W. BONNEY
        Arsenath BONNEY
        Wm. T. MUNDEN
        Emily F. MUNDEN
        Mary F. WHITE
        J.H. WHITEHURST
        E.A. BELL

PROBATE OF WILL

  North Carolina }    In Superior Court
Currituck County}    July 28th 1884
    A paper writing purporting to be the last will and testament of Leven WHITEHURST was this day offered for probate by Luke H. WHITEHURST, the executor named therein, and the execution thereof by the oath and examination of James WHITE and Albert GORDON, the subscribing witnesses thereto; and it appearing on said examination, that the said Leven WHITEHURST was of full age to make a will, and of sound mind and disposing memory, and under no restraint or undue influence, that they witnesses said will upon said testator's request and in his presence by subscribing their names as such thereto, and at the time that said testator signed the same.
    It is therefore ordered, adjudged and decreed that the said paper writing and every part thereof is the last will and testament of the said Leven WHITEHURST, and it is ordered recorded and filed.
    And thereupon the said Luke H. WHITEHURST, the executor aforesaid, qualified by taking the oath prescribed by law which is herewith filed.
    /s/ H.B. ANSELL, Clerk Superior Court

EXECUTORS OATH

State of North Carolina}    SS.  In the Probate Court
    Currituck County     }
    I, Luke WHITEHURST do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of Leven WHITEHURST 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/ L.H. WHITEHURST

Sworn to and subscribed before me, this 28th day of July 1884
    /s/ H.B. ANSELL, Clk

APPLICATION FOR LETTERS TESTAMENTARY

    Currituck County:  In the Probate Court Before H.B. ANSELL, C.S.C.
    In the Matter of the Will of Leven WHITEHURST
        Luke H. WHITEHURST, being duly sworn, doth say: That Leven WHITEHURST, late of said county, is dead, having first made and published her last Will and Testament; and that Luke H. WHITEHURST is the executor named therein.
    Further, that the property of the said Leven WHITEHURST consisting of real estate and chattels is worth about $5000 so far as can be ascertained at the date of this application; and that Luke H. WHITEHURST, Jno. H. WHITEHURST, E.J. WHITEHURST, Mary F. WHITE, E.A. BELL, Arsenath BONNEY, Charlotte EATON, and E.F. MUNDEN are the parties entitled under said will to the said property.
    /s/ L.H. WHITEHURST

Sworn to and subscribed before me the 28 day of July 1884
    /s/ H.B. ANSELL, C.S.C.

[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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