Return to Dare County
Dare County Wills
State of North Carolina}
Dare County }
I M.D. Hayman, of Dare County, N.C., being of sound mind but considering the uncertainty of my earthly existence, do make and declare this my last will and testament.
First: My executors, hereinafter named, shall give my body a decent burial agreeable to the wishes of my friends and relatives and pay all funeral expenses together with all my just debts out of the first moneys which may come into their hands belonging to my estate.
Second: I give and devise to my wife Zorada W. Hayman, my son Samuel D. Hayman, my son Robert F. Hayman and my daughter Ethel Tillett, to be equally divided between them, all my fishing boats, nets and all fishing material. It is my desire that the net proceeds from my fishing for the season 1927 shall be paid my wife Zorada Hayman.
Third: I give and devise to my wife Zorada Hayman all the cash in the Bank of Manteo and the First And Citizens National Bank in Elizabeth City at the time of my death. Same to be paid her by my executors after my burial expenses and all my just debts have been paid.
Fourth: I give and bequeath to my wife, Zorada W. Hayman, my home place where I now live, during her natural life and at the death of my wife I give and bequeath to my youngest son, Robert F. Hayman, my home place where I now live, excepting two acres hereinafter named in the next item.
Fifth: I give and bequeath to my oldest son, Samuel D. Hayman, two acres of cleared land out of the lands of the old homestead, same being the lands excepted in item four of this will.
Sixth: I give and devise to my only daughter, Ethel Tillett, the irons now in my home.
Seventh: I give and devise and bequeath to my wife Zorada W. Hayman, my son Robert F. Hayman, my son Samuel D. Hayman and my daughter Ethel Tillett, share and share alike, in fee simple, the Bowser Swamp and one-half of the Berry Swamp, the Bob Swamp and the marsh from the Thicket Swamp to R. Sue Midgett's line to the cut through. Also a tract of land on Little Collington Dare County.
Eighth: I give, devise and bequeath to my daughter, Ethel Tillett, the Pigott Field containing two acres cleared land, in fee simple.
Ninth: It is my desire that my executors hereinafter named shall sell the Smith tract & home place on the west side of Roanoke Island and divide the proceeds of said sale equally between my wife Zorada W. Hayman, my son Samuel D. Hayman, my son Robert F. Hayman and my daughter Ethel Tillett.
Tenth: I give, devise and bequeath to my wife Zorada Hayman, my son Samuel D. Hayman, my son Robert F. Hayman and my daughter Ethel Tillett, share and share alike, all my interest in the Manteo and Hatteras Transportation Company, said interest being one-third.
Eleventh: I give and devise to my mother Abbie Hayman, my brother Charlie Hayman, my sister Almira Tillett, my brother Jeff D. Hayman, my sister Virginia Mann, my sister Varina Tillett, my sister Maggie Midyett, my sister Sallie Gard, my sister Cynthia Tillett, my sister Mary Midyett and my sister Lizzie Spencer, five hundred dollars each out of the moneys derived from the sale of the Hayman tract of land at Kitty Hawk, North Carolina. It is my desire that my executors, hereinafter named, shall pay the aforesaid amounts as payments are made to them for said tract of land, some to be paid in proportions calculated on fifty percent of the amounts collected, same to be paid as collected. I give, devise and bequeath to my wife Zorada W, Hayman, my son Samuel D. Hayman, my son Robert F. Hayman and my daughter Ethel Tillett, share and share alike, the balance of the proceeds of sale of the Hayman tract.
Twelvth: It is my desire that should my wife, Zorada W. Hayman, remarry then all items devising moneys to my said wife shall become null and void.
Thirteenth: I give and bequeath to my wife Zorada W. Hayman, my son Samuel D. Hayman, my son Robert F. Hayman and my daughter Ethel Tillett, share and share alike, all the rest and residue of my estate wherever situated whether the same consists of real, personal or mixed property.
Fourteenth: I hereby constitute and appoint my sons Samuel D. Hayman and Robert F. Hayman, without bond, my lawful executors to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same and every part and claim thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness whereof I, the said M.D. Hayman, do hereunto set my hand and seal this the 21st day of February 1927.
/s/ M.D. Hayman
Signed, Sealed, published and declared by the said M.D. Hayman to be his last Will and Testament in the presence of us who at his request and in his presence, and in the presence of each other, do subscribe our names as witnesses to said Will.
Theo. S. Meekins
North Carolina} In the Superior Court
Dare County }
A above paperwriting purporting to be the last Will and Testament of M.D. Hayman, deceased, is exhibited before me, the undersigned Clerk of the Superior Court for said County, by Robert F. Hayman, one of the executors therein named, and the due execution thereof by the said M.D. Hayman is proved by the oath and examination of E.E. Meekins and Theo. S. Meekins, the subscribing witnesses thereto, who being duly sworn, doth depose and say, and each for himself deposeth and saith, that he is a subscribing witness to the said paper writing now shown him, purporting to be the last Will and Testament of M.D. Hayman, and that the said M.D. Hayman 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 21st day of February, 1927. And this deponent further saith that the said M.D. Hayman, the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so 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 testator. 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 attested witness thereto, as aforesaid, the said M.D. Hayman 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/ E.E. Meekins
Theo. S. Meekins
Severally sworn and subscribed this 28th day of July, 1927
/s/ C.S. Meekins, Clerk Superior Court
It is therefore considered and adjudged by the Court that the said paperwriting and every part thereof is the last Will and Testament of M.D. Hayman, deceased. Let said Will together with the probate be recorded and filed. This 28th day of July, 19327.
/s/ C.S. Meekins, Clerk Superior Court of Dare County.
Filed July 28, 1927
Recorded Aug. 1st, 1927
/s/ C.S. Meekins, CSC
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.