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Dare County Wills
I Charlotte Foster June the 8th 1874
do give one bed and firnature to my Brother Solomon Kincey for his own and my estate to be divided between my grand children and gargens [guardians] be apointed for them one hundred and thirty one Dollars and 25cts I hand over to C.M. Foster in Cash and the Property to be Sold and the debts which I owe to C.M. Foster be paid and my brother Foster [Kincey?] to get my toms [tombs] and put them down for me. This indentured maid through my request and I do approv them that this my will an woshes [wishes] in testimony whereof I hereunto Set my hand and Seal and lastly I cose [chose] Charles M. Foster my Ext.
/s/ Charllotte [her x mark] Foster
Geo. L. Fulcher
James H. Whedbee
Post I can Sware and Subscribe to this paper after making the following explanation the amendments to the will were made in my own hand writing and presented to her for her Signature (the words) "and lastly I leave Charles M. Foster my executor" was written after her signature (though that was omitted and placed there since by Charles M. Foster). I do certify by my signature that it was her request that he should act as her executor.
/s/ Geo. L. Fulcher
Dare County In the Probate Court
A paper writing purporting to be the last will and testament of Charlotte Foster deceased is exhibited before me the undersigned, Judge of Probate in and for said County, Charles M. Foster the executor therein named and the due Execution thereof by the said Charlotte Foster by the oath and examination of Geo. L. Fulcher and of James H. Whebeee the Subscribing witnesses thereto who being duly Sworn doth depose and Say and each for him Self 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 Charlotte Foster. That the said Charlotte Foster in presence of the deponents Subscribed her name by making her mark at the end of the said paper writing which is now shown as aforesaid and which bares date on the 8th day of June 1874.
And the deponents further Saith that the said Charlotte Foster the testator aforesaid did at the time of Subscribing her name by making her mark as aforesaid declare the said paper writing So Subscribed by her and exhibited to be her last will and testament and this deponent did thereupon Subscribe his name at the end of said will as and attesting witness thereto and at the request and in the presence of the testator and this deponent further saith that at the said time of the deponent Subscribing his name as an attesting witness thereto as aforesaid and the said Charlotte Foster was of Sound mind and memory of full age to execute a will and was not under any restraint to his knowledged information or belief of this deponent, and further these deponent say not.
/s/ Geo. L. Fulcher
James H. Whebeee
Severally, Sworn and Subscribed this 11th day of June 1874.
W.D. Chaddick, Probate Judge
Note: Charlotte Foster was probably the daughter of Charity Kinsey who was age 67 in the 1850 Hyde census. Charity may have been the widow of Henry Kinsey who was in the Hatteras area in the 1830 Hyde census. From the 1850 & 1860 Hyde census records we find Charlotte married to Jesse J. Foster. By 1870 Charlotte is a widow and still in the Hatteras area but living with her brother, Solomon, in the newly formed county of Dare.
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.