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Dare County Wills
Sept. 1, 1847 Currituck Co - May 1879 Dare Co.
Will Book 1; pgs. 13-14 & 18-19 (testimonies)
State of North Carolina Currituck County,
Know all men by these presents that I Sarah Daniel of the State and County aforesaid being of sound and perfect mind and memory (Blessed be God for the Same) do this the first day of September in the year of our Lord eighteen hundred and forty Seven. Make and publish this my last will and testament in manner and form following that is to Say.
First, I give and bequeath unto my daughter Chloe Gaskins the town field that is now living? out and adjonids Spencer Daniels land on the one Side and where I intend giving my Son William J. Daniel on the other Side. I also give my daughter Chloe Gaskins all the Land I own to the west of the mane road. The above land I give to her and her heirs from and She is at liberty to take prosession of it at onced or wait until I die.
Second, I give and bequeath unto my Son William J. Daniel all the residue of my land together with all the improvements thereon to him and his heirs forever.
Signed, Sealed published and delivered by the Said Sarah Daniel the testated, as her last will and testament in presents of us who were present at the time of Signing and Sealing there of the day and year above writin.
/s/ Sarah Daniel
Witness: James M. Mullen
Grizzell P. Jacock
Dare County: In the Probate Court
A paper writing purporting to be the Last will and testament of Sarah Daniel deceased is exhibited before me, the undersigned Judge of Probate in and for said County by Sarah C. Garrison, the person that produced the will, and it is therefore proved by the oath and examination of Aseneth Daniel that Grizzel P. Jacocks one of the subscribing [witnesses] thereto is dead and it is further proved that the oath and examination of Aseneth Daniel that James M. Mullen the other subscribing witness thereto lives in the town of Hertford or is dead so far as I Aseneth Daniel Knows. And it is further proved by the oath and examination of the said Aseneth Daniel that she is well acquainted with the handwriting of the Said Grizzel P. Jacocks Subscribed as a witness to the said will in in the proper hand[writ]ing if the Said Grizzel P. Jacocks and it is allso proved by the oath and examination of the said Aseneth Daniel that She is well acquainted with the handwriting of the Said James M. Mullen having often Seen him write and that the name if the Said James M. Mullen Subscribed as a witness to the Said will is in the handwriting of the Said James M. Mullen. It is therefore Considered that the Said paper writing and every part thereof is the Last will and testament of the said Sarah Daniel, and the Same as such is recorded. This the 5th day of March 1879.
/s/ Aseneth Daniel
Sworn to and Subscribed before me
/s/ John W. Evans, Probate Judge per W.D. Chaddic, Deputy
Dare County: In Probate Court
It appearing to the Court by the witnesses D.B. Austin, Annie Austin, Jane Daniel and Ben T. Daniel, that Sarah Daniel known as Sarah A. Daniel left a codicil revoking her last will and testament and that the Signature of Wm. D. Austin a Subscribing witness thereto being proven by D.B. Austin and Ben T. Daniel to be his genuine Signature to the Codicil. It is adjudged by the Court that the last will and testament of Sarah Daniel known as Sarah A. Daniel, was revoked and is therefore null and void. It is also adjudged that the defendant pay the Cost of this action.
/s/ John W. Evans, Probate Judge
Judgment as to payment of Cost reversed and adjudged that the Plaintiff & Defendant pay equally the cost of this action.
/s/ John W. Evans, Probate Judge
[written in the margin is "testimony on Pages 18 & 19"]
Dare County: In the Probate Court
Chloe Gaskins }
vs } Proof of Execution of Codicil to the will of Sarah Daniel
Arsenith Daniel }
Chloe Gaskins coming in to Court and being sworn testified that there was a Sarah A. Daniel wife of Archibald Daniel, did not know of Sarah A. Daniel making a will until told by her that she had made a will and that it had been taken out of her possession and that she had left a paper revoking the will and would leave the paper with Mrs. Jane Daniel. Also said that her mothers name was Sarah Daniel and was known as Sarah A. Daniel and called so because her husband was named Archibald Daniel, taking the name of Archibald into her name for her husbands Sake.
D.B. Austin being Sworn testified that he knew Mrs. Sarah Daniel and that he had heard her called Sarah Archer Daniel, did not know of her making any will did not know of her making a codicil to revoke a will, only heard his father Wm. D. Austin Say So. Also testified that the name of Wm. D. Austin, the Subscribing witness to the codicil, was his fathers genuine Signature.
Mrs. Annie Austin being sworn, testified that that [sic] she did not know that she ever saw the paper writing called the Codicil revoking a will made by Mrs. Sarah A. Daniel or Sarah Daniel, that Sarah A. Daniel was the mother of Wm. J. Daniel the husband of Mrs. Arsenith Daniel, and Mrs. Chloe Gaskins and that she heard Mrs. Sarah A. Daniel say that she wanted the will that she had lost to be her will. Also said that she wanted to give her house & plantation to Sarah Garrison and that she wanted Wm. D. Austin to write something in regard to the will - would not know a deed of conveyance, will or codicil to will if was to see one or the other.
Mrs. Jane Daniel being sworn, testified the paper or codicil shown her in Court was the Same given her by Mrs. Sarah A. Daniel and that she told her to keep it and after her death give it to Mrs. Chloe Gaskins, that she took the paper, and Saved the piece of Calico shown her in Court, around the piece of paper.
Ben T. Daniel being Sworn, testified that the Signature of Wm. D. Austin appearing as a Subscribing witness to the Codicil of Sarah A. Daniel was the genuine Signature of Wm. D. Austin.
Sworn to before me, the undersigned Judge of Probate this 17th day of May 1879.
/s/ Jno. W. Evans, Probate Judge
NOTES ABOUT PEOPLE MENTIONED IN THE WILL AND PROBATE:
1. Grizelle P. Fletcher married Jonathan H. Jacocks in Perquimans Co., NC on Feb. 15, 1831. Jonathan and his family are found in the 1840 Perquimans County census but by 1850 Grizzell, age 38, appears to be a widow and is not found in 1860 as Grizzell Jacocks.
2. Find-A-Grave shows James Mullen buried in the James Mullen Cemetery in Perquimans County. He was born 1795 and died Dec. 3, 1845.
3. Archibald Daniel [also seen as Archabell, Archey, Archa, Archy] was born between 1780-1784 and died circa May 1843 in Currituck Co., NC [see his will here]. He is found in Currituck Co. in 1830 & 1840. His wife, Sarah A. Daniel, age 62 and living alone, is found on Roanoke Island in 1850. So far as can be found, Archibald and Sarah only had 2 children: William J. Daniel [c1810-1870] and Chloe Daniel born between 1810-1820. William married Asenath [also seen as Arsenia , Senia & Cena] maiden name unknown, and they had at least 2 children, one of them named Sarah C. Daniels, born June 6, 1840 & died May 29, 1913....and to whom the house & plantation were to go to in the codicil. She married Jonathan Thomas Garrison.
4. Chloe (Daniel) Gaskins - It is believed that Chloe Daniel was the 2nd wife of Jacob Gaskill, not Gaskins. They are found in the 1850 & 1860 Hyde County census records living at Ocracoke. According to a Bible record, Jacob & Chloe married May 22, 1845. Jacob wrote his will in Hyde County on Feb, 4, 1860 leaving Chloe the houses & lands for her natural life and also 2 Negros and all his interest in the schooner The Rival. Jacob died in 1862 at the age of 77. Chloe is still living on Ocracoke Island in 1870.
5. William D. Austin (1812-1868) married Anna Daniels (1822-1886), daughter of Avery Daniels & Anna Gard and seen above as "Mrs. Annie Austin". William & Anna had a son, Daniel B. Austin, who testified to the authenticity of his father's signature.
6. Ben T. Daniel [Benjamin Thomas] (1846-1911), son of Joseph Avery & Christian (Davis) Daniels, testified to the authenticity of William D. Austin's signature.
7. Mrs. Jane Daniel - This is probably William Jane Austin who married Samuel M. Daniels in 1860 and who was a next-door neighbor of the Garrison family in 1870.
This will was transcribed 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.