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Currituck County Wills
John Williams, Sr.
June 19, 1884 - Nov. 8, 1886
In the name of God Amen. I John WILLIAMS SR. of the county of Currituck & State of North Carolina being weak in body & of sound mind memory and understanding praise be to God for the same, Do make this my last will and testament in manner and form following.
Item the 1st I lend to my beloved wife Betsey WILLIAMS all of the tract of land I now live on lying on the west side of the main road with all of the improvement thereunto during her life time and at the death of my said wife I lend all of said land and improvements to my son John J. WILLIAMS during his life time and at the death of my said son Jno. J. WILLIAMS I give & bequeath unto his heirs all the said tract of land and improvements forever.
Item 2d I give unto my beloved wife all of my provisions that shall be in my smoke house & dairy and all the corn that shall be in my barns and all the crops that may be growing on all of my land at my death and also such articles of my Chattle property as she may select for her own benefit forever.
Item 3d It is my will and desire that all of the tract of my land lying on the east side of the main road and the piece of swamp land lying on the north side of the swamp road Containing seventy acres more or less be sold at public auction for Cash and after all necessary expenses are paid I Give to Major SANDERS [Major Sanderson in probate] my Grandson three hundred dollars and to my Grand daughter Betsey WOODHOUSE the daughter of Tilman WOODHOUSE the sum of five dollars and then one half of nett proceeds of the sale of said land to be equally divided between my son Jas P. WILLIAMS and my daughter Fannie J. PARKER and the other half to be equally divided between all of my Grand Children that may be living except Betsey WOODHOUSE who is not to share any part in this division.
Item 4th It is my will and desire that after my said wife hath selected such articles from the Chattle property and Stock as she may desire for her own benefit then the balance to be sold at public auction and one half of nett sales to be equally divided between my two sons Jas. P. and Jno. J. WILLIAMS and my daughter Fannie J. PARKER and the other half to be equally divided between all of my Grand Children except Betsey WOODHOUSE who is not to share any part of said division.
Item 5th It is my will and desire that after all notes and debts due me are collected and all debts that may Justly Come against me at my death and burrial expences paid then all the money that may be in my possession at my death shall be given to my beloved wife forever. I do nominate Constitute and appoint my two sons Jno. J. & J.P. WILLIAMS & my Grand son A.B. WILLIAMS sole Executors of this my last will and testament Hereby revoking and making void all and every other will or wills at anytime heretofore made by me and do declare this to be my last will and testament in witness whereof I the said John WILLIAMS SR. have here unto set my hand and seal this the 19th day June 1884.
/s/ John WILLIAMS SR. Seal
Signed declared and published by the above name Jno. WILLIAMS SR. as and for his last will and testament in the presents of us who at his request have subscribed our names as witnesses
North Carolina } In the Superior Court - October 25th 1886
Currituck County} In the Matter of proving and probating the last will and testament of John WILLIAMS, SR. deceased
To: Betsy WOODHOUSE, Polly EVANS and James WOODHOUSE (children of Martha WOODHOUSE); J.S. PARKER, J.W. PARKER, A.D. PARKER & J.J. PARKER (children of Nancy PARKER); Fanny W. PARKER; A.B. WILLIAMS (son of J.P. WILLIAMS, dec.); Alonzo WILLIAMS, John T. WILLIAMS (children of Wm W. WILLIAMS); Danl SANDERSON & child Major SANDERSON; and John J. WILLIAMS, & Thos. WOODHOUSE, heirs at law and next of kin of John WILLIAMS SR., deceased, take notice that a paper writing purporting to be the last will and testament of John WILLIAMS SR., deceased, has this day been filed in the office of Clerk of Superior Court for said County by John J. WILLIAMS and A.B. WILLIAMS, Executors named therein and will come up before me for proof and probate at my office at Currituck Court House on Monday the 8th day of November A.D. 1886 when and where you may be present to see proceedings therein if you deem it proper. Witness my hand this the day & date first above said.
/s/ H.B. ANSELL, Clerk Superior Court
The Sheriff of Currituck County will serve and return the foregoing notice to my office on or before the 8th day of November 1886. This Octr 26, 1886.
/s/ H.B. ANSELL, C.S.C.
Currituck County} In the Matter of proving & probating the Will of John WILLIAMS SR. deceased
To the Sheriff of Currituck County: Greeting.
You are hereby commanded to Summons Thomas WHITEHALL and E.T. ADAMS SR to be and appear before H.B. ANSELL, Clerk of the Superior Court at his office at Currituck Court House on Monday the 8th day of November 1886 to give evidence in the Matter of proving the last will & testament of John WILLIAMS SR., which is now on file with their named subscribed as witnesses thereto and which instrument will com up on that day for proof & probate. Herein fail not at your peril and make due return of the summons on or before the said 8th day of November as aforesaid. This Oct. 26, 1886.
/s/ H.B. ANSELL
PROBATE OF WILL
North Carolina } In Superior Court Before H.B. ANSELL, Clerk
Currituck County} In Re Estate of John WILLIAMS SR., deceased
A paper writing purporting to be the last will and testament of John WILLIAMS, dec'd., is exhibited in open court for probate by A.B. WILLIAMS & J.J. WILLIAMS, the executors therein named; and the due execution thereof by the said John WILLIAMS SR., dec'd. is duly proven by the oath and examination of Thomas WHITEHALL and E.T. ADAMS, subscribing witnesses thereto: and it is further shown to the satisfaction of the Court by said witnesses that the said John WILLIAMS SR. 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 John WILLIAMS SR., 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 A.B. WILLIAMS & J.J. WILLIAMS be allowed to qualify as executors as provided by law and enter upon the discharge of the duties imposed by said trust. Said executors qualified by taking the oath prescribed by law and letters testamentary with will annexed were granted them, Dated this 8th day of November 1886.
/s/ H.B. ANSELL, Clerk Superior Court
State of North Carolina} SS. In the Superior Court
Currituck County }
I, A.B. WILLIAMS & J.J. WILLIAMS do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of John WILLIAMS SR. 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/ A.B. WILLIAMS
/s/ J.J. WILLIAMS
Sworn to and subscribed before me, this 8th day of November 1886
/s/ H.B. ANSELL, C.S.C.
[Written on the back: The last will of John WILLIAMS SR.; Recorded in Will Book 5 pages 140-141-142; Nov. 8, 1886; /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!
© 2006 Kay Midgett Sheppard