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Currituck County Wills

Lydia Williams
Mar. 2, 1888 - June 16, 1890

In the name of God - Amen.

I Lydia WILLIAMS of the County of Currituck and state of North Carolina being of sound mind and disposing memory but realizing the uncertainty of life do make and publish this paper writing as my last will and testament, revoking all others by me heretofore made.

1st Item.  I desire that my executor hereinafter named, shall immediately upon my death take charge of my entire estate and shall provide for my body a christian burrial.

2d Item.  I desire my executor to pay my funeral expenses first and then pay off and discharge all other lawful debts which I may owe at the time of my death.

3 Item.  Being moved by the kind and filial affection and tender care bestowed upon me in my declining years and feeble health by my nephew Wesley WILLIAMS, I bequeath to him after discharging the obligations set out in item one & two of this will: all the balance of my estate I may possess at my death, be it real or personal including all clauses in action and also any interest either by descent or otherwise that I may have coming from my brother Wesley WILLIAMS or any other person, to have and to hold the same to my said nephew Wesley WILLIAMS and his heirs forever.

4 Item.  I hereby nominate and appoint my nephew Wesley WILLIAMS as the executor of this my last will and testament and as such he shall take charge of my entire estate and dispose of it as herein directed.

In testimony of which I hereto set my hand and seal in the presence of the witnesses hereto subscribed who at my own solemn request have witnessed the same.  This the 2nd day of March 1888.
    /s/ Lydia [her x mark] WILLIAMS        Seal

We the undersigned, certify that we, at the request of the above testatrix, and in her presence, and in the presence of each other, witnessed her execution and signature to this instrument.
    A.B. WILLIAMS
    V.L. PITTS

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina}    SS. In the Superior Court
     Currituck County    }
    A paper writing purporting to be the last will and testament of Lydia WILLIAMS, deceased, is exhibited before me, the undersigned Clerk of the Superior Court for said County, by Wesley WILLIAMS the executor therein mentioned, and the due execution thereof by the said Lydia WILLIAMS is proved by the oath and examination of V.L. PITTS the subscribing witness thereto, who being duly sworn, doth depose and say for himself that he is a subscribing witness to the paper-writing now show him purporting to be the last will and testament of Lydia WILLIAMS and that the said Lydia WILLIAMS, in the presence of this deponent subscribed her name at the end of said paper writing now shown as aforesaid, and which bears date of the 2nd day of March 1888.
    And the deponent further saith that the said Lydia WILLIAMS the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper-writing so subscribed by her and exhibited as her last will and testament, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator.  And this deponent further saith that at the said time when the said testator subscribed her name to the said last Will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, that the said Lydia WILLIAMS was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not.
    /s/ V.L. PITTS    Seal
    Dated this the 2d June 1890 before me H.B. ANSELL, Clerk Superior Court

State of North Carolina}
     Currituck County    }
    A paper writing purporting to be the last will and testament of Lydia WILLIAMS, deceased, is exhibited for probate in open Court by Wesley WILLIAMS, the executor therein named with V.L. PITTS and A.B. WILLIAMS as subscribing witnesses thereto.  And the said A.B. WILLIAMS, one of the subscribing witnesses, is now a non resident of the State of North Carolina and residing in the State of Virginia, and whose evidences cannot be obtained in the proving of said will.  And the signature of the said A.B. WILLIAMS is proved by the oath and examination of D.W. WOODHOUSE [and] J.E. WOODHOUSE each for themselves say that he is acquainted with the handwriting of the said A.B. WILLIAMS, having often seen him write and that the name of the said A.B. WILLIAMS subscribed as a witness to said will is in the handwriting of the said A.B. WILLIAMS, and that the handwriting of the said A.B. WILLIAMS is generally known among the people formerly of this vicinity and especially the business portion of the people of Currituck County.
    /s/ D.W. WOODHOUSE
  
 /s/ J.E. WOODHOUSE

Severally sworn & subscribed to this 16th day of June 1890
    /s/ H.B. ANSELL, C.S.C.

PROBATE OF WILL

  North Carolina }
Currituck County}
    A paper writing purporting to be the last will and testament of Lydia WILLIAMS is exhibited for probate in open Court by Wesley WILLIAMS, the executor therein named; and the due execution thereof by the said Lydia WILLIAMS, deceased, is duly proven by the oath and examination of V.L. PITTS one of the subscribing witnesses thereto; and it is also proved by the oath and examination of D.W. WOODHOUSE and J.E. WOODHOUSE; that A.B. WILLIAMS, the other subscribing witness, has removed away and is a non resident of this State; that they, each for himself, is well acquainted with the handwriting of the said A.B. WILLIAMS, having often seen him write, and that the name of the said A.B. WILLIAMS subscribed as a witness to said will is in the handwriting of the said A.B. WILLIAMS.  And it is further shown to the satisfaction of the Court by the witness V.L. PITTS that the said Lydia WILLIAMS 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 his knowledge, information or belief.
    It is thereupon considered, adjudged and decreed by the Court that said proof is sufficient and according to law and that the said paper writing is and contains the last will and testament of Lydia WILLIAMS, 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 Wesley WILLIAMS be allowed to qualify as executor as provided by law and enter upon his duties as such, imposed by said trust.  The said Wesley WILLIAMS, executor,  thereupon took the oath prescribed by law and letters testamentary with will annexed granted him.  Dated this 16th day of June 1890.
    /s/ H.B. ANSELL, Clerk of the Superior Court

EXECUTOR'S OATH

State of North Carolina}    SS.  In the Superior Court
    Currituck County     }
    I, Wesley WILLIAMS do solemnly swear or (affirm) that I believe this writing to be and contain the last Will and Testament of Lydia WILLIAMS 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/ Wesley WILLIAMS

Sworn to and subscribed before me, this 16th day of June 1890
    /s/ H.B. ANSELL, Clerk Superior Court

[Written on the back: Lydia WILLIAMS' will; recorded in Book 5 page 175 & 176 in Clerk's office of Currituck Co. N.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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2006 Kay Midgett Sheppard