Return to Dare County

Official Last Will and Testament of John T. Daniels and Mrs. John T. Daniels.
Drawn This Day-August 24, 1943

We, John T. Daniels and Amanda Westcott Daniels, lawful wife of John T. Daniels, of Manteo, N.C. Dare County in Nagshead Township, located on the Burnside Road, being of sound mind and good memory, and also in a state of good health; wish to set forth in our Last will and testament the manner in which we wish our property, both real and personal divided among our six living children, or as many as are alive when we are deceased

1. Description of holdings:  Our real property at this date consists of a plantation, known as the residence of Mr. and Mrs. John T. Daniels.  In addition to the residence there is a plot of cleared land consisting of seven acres.  In addition to the above there is a parcel of wooded land consisting of eleven acres of land more or less, as appears in the deed recorded in the Court here at Manteo, N.C.

2. The above property described in paragraph one, shall be divided in the following manner: each of the six living children or as many as are alive at the time of the death of the testators shall share equally in the entire estate of the deceased both real and personal.

3. No one of the six living children, or any of such member as remain alive at the time of the deceased, shall mortgage, sell, or cause to become involved in debt, any share bequeathed to him or her by this will, without the consent of all the living children.

4. All additions to or improvements made to said property and the occupation thereof shall be by natural consent of the six living children, or as many as remain alive to continue to hold the above described property.

5. The six living children at the date of this Will will appear below:  Delana Fitzgerald Daniels, Madge Westcott Daniels (Barber), Millie Pender Daniels (Pearce), Archie Shields Daniels, Beatrice Eliza Daniels (Jordan), Hal Fletcher Daniels.

6. We also decree that the executor of this estate shall be named from among the six living children, or from among such number as are alive at the death of the testators.

To the above affirmed last will and testament, we do set our hand and seal, to wit: August 20, 1943.
    /s/ John T. Daniels
         Mrs. John T. Daniels

Witnesses: L. D. Tarkington    May he be the honored guest at all times in this house
                 Frank White          

North Carolina}  In the Superior Court
  Dare County }
    A paper writing purporting to be the last Will and Testament of John T. Daniels, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Amanda W. Daniels the executrix therein mentioned, and the due executrix thereof by the said John T. Daniels in proved by the oath and examination of L.D. Tarkington and Frank White, the subscribing witness thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to  the paper writing now shown him, purporting to be the last Will and Testament of John T. Daniels; That the said John T. Daniels, in the presence of this deponent, subscribed his name at the end of said paper writing; which is now shown as aforesaid, and which bears date of the 20^th day of August, 1943.
    And this deponent further saith, That the said John T. Daniels the testator aforesaid, did at the time of subscribing his name as aforesaid, declare the said paper writing as subscribed by him and exhibited to be his 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 said testators. And this deponent further saith that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as attesting witness thereto, as aforesaid, the said John T Daniels was of sound mind and memory, of full age to execute a Will, and was not under any restraint, to the knowledge, information as belief of this deponent: And further there deponents  say not.
    /s/ L.D. Tarkington
        Frank White

Severally sworn and subscribed, this 6^th day of February, 1948, before me.
    /s/ C.S. Meekins, Clerk of Superior Court

North Carolina}  In the Superior Court
  Dare County }
    It is therefore considered and adjudged by the Court that the said paper writing and every part thereof as the last Will and Testament of John T. Daniels deceased.  Let said Will, together with the probate, be recorded and filed.  This 6^th day of February, 1948.
    /s/ C.S. Meekins, Clerk of Superior Court