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Dare County Wills

S.M. [Stewart Moss] Daniels
Jan. 5, 1917 - Nov. 25, 1918
Will Book 1; pg. 239

North Carolina}
  Dare County }

I S. M. Daniels, of the above written state and County, being of Sound mind, but realizing the uncertainty of life, do hereby make, publish, and declare this my last Will and testament.

First, It is my will and desire that my executor hereinafter named shall give my body a decent burial, suitable to the wishes of friends and relatives, and shall pay all funeral expenses, together with my just debts and obligations out of the first moneys belonging to my estate that may come into his hands.

Second, I give and bequest to my son Willis L. Daniels the homestead whereon I reside with all the land I may own at my death, this bequeath to take affect after the death of myself and beloved wife and only to be effective upon his compliance with the following conditions:  That the said Willis L. Daniels shall remain with the care for me and my said Wife during our natural lives and in the event of my death before the death of my said wife, the said Willis L Daniels shall remain with and care for my said wife in a proper manner and upon his complying with these said conditions in good faith, It is my will and desire that he have for his own use and for his heirs in fee simple all my said land including the said homestead and all improvements on said lands, subject to the dower right of my said wife in said lands. 

Third, I give and bequeath to my son Willis L. Daniels, my fishery and all boats and nets I may own at death except two stands of nets now being used by B.F. Cahoon and J.B. Hooker, respectively, and to the said B.F. Cahoon and J.B. Hooker I give and bequeath to said stands of nets, each of said parties to have the particular stands of nets now being used and fished by him.

Fourth: It is my will and desire that after paying burial expenses and my just debts as hereinbefore provided, my executor shall equally divide whatever money I may have at my death between all my said children and my wife to receive an equal amount of I have.

Fifth: I hereby constitute and appoint my said son Willis L. Daniels my executor to execute this my last will and testament according to the true intent and meaning thereof and every part and clause thereof, he to act as such executor unpaid Bond or other qualifications these that imposed upon him as such executor by Law.

In Witness whereof, I the said S.M. Daniels is hereunto set my hand and seal this the 5 day of January 1917.
    /s/ S.M. Daniels  (seal)

Signed, Sealed, and declared by the said S.M. Daniels to be his last Will and Testament in the presence of us, and at his request and in his presence as witnesses thereto on the date above named.
    R. Bruce Etheridge
    B.G. Crisp

North Carolina}    In the Superior Court
  Dare County }
    A paper writing purporting to be the Last will and testament of S.M. Daniels deceased, is exhibited before me, the undersigned Clerk of Superior Court for said County by Willis L. Daniels the executor therein mentioned, and the due execution thereof by the said Willis L. Daniels by the oath and examination of R. Bruce Etheridge and B.G. Crisp the subscribing witness thereto, who being duly sworn doth depose and say, and each for himself deponent and said that he is a subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of S.M. Daniels in the presence of this deponent subscribed his name at the end of said paper writing, which is now shown aforesaid, and which bears date of the 5 day of January 1917.
    And this deponent further saith that the said S.M. Daniels the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by his and exhibited the 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 testator, And this deponent further saith, that at the time of the deponentís subscribing his name as attesting witness thereto, as aforesaid the said S.M. Daniels, was of sound mind and memory, of full age to execute a Will, and was not under any restraints to the Knowledge, information or belief of this deponent. And further these deponents say not.
    R. Bruce Etheridge
    B.G. Crisp

Severally Sworn and subscribed this 25 day of November 1918 before me.
    R.M. Jennett, C.S.C.

North Carolina}    In the Superior Court
  Dare County }
    It is thereupon considered by the Clerk Court that the paper writing and every part thereof is the last Will and testament of S.M. Daniels, deceased.  Let said Will, together with the probate, be recorded and filed.  This 25 day of November 1918.
    R.M. Jennett, C.S.C.

This will was transcribed by Marla Beasley. 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.



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