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Dare County Wills
State of North Carolina}
Dare County }
In the name of God, Amen. I Thomas T. Toler of the County of Dare and State of North Carolina being in health of body and of sound mind, memory and understanding praise God for the same. Do make this my last will and Testament in manner and form following.
First. That my Executor hereinafter named shall provide for my body a decent burial suitable to the wishes of my relatives and friends, and pay all funeral expenses together with my just debts howsoever and to whomever owing out of the moneys that may first come into her hands as a part and parcel of my Estate and that my Executor shall make sale of such property as may be necessary to pay off and discharge all my just debts that I may owe at the time of my death.
I give, devise and bequeath unto my beloved wife Patsy Toler her heirs and assigns forever all my property real, personal and mixed, of what nature or kind soever, that may remain after the payment of my debts wheresoever the same shall be at the time of my death, And I do nominate constitute and appoint my said wife, sole Executrix of this my last will and Testament, And it is my will and desire that she be duly qualified and granted letters Testamentory without giving bond to Execute this my last will and Testament hereby revoking and making void all and every other will or wills at any time heretofore made by me and do declare this is be my last will and Testament.
In witness whereof I the said Thomas T. Toler have hereunto set my hand this 8th day of October 1894.
/s/ Thomas T. [his x mark] Toler (Seal
Signed declared and published by the above named Thomas T. Toler as and for his last will and Testament in the presence of us, who at his request, and in his presence have subscribed our names as witnesses thereto.
Samuel A. Griffin
Samuel E. Mann
State of North Carolina} In the Superior Court
Dare County }
A paper writing purporting to be the last will and Testament of Thomas T. Toler deceased is exhibited before me the undersigned, Clerk of the Superior Court for said County by Patsy Toler the executor therein mentioned and the due execution thereof by the said Patsy Toler by the oath and examination of S.A. Griffin 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 now shown him, purporting to be the last Will and Testament of Thomas T. Toler that the said Thomas T. Toler 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 8th day of Oct. 1894.
And This Deponent Further Saith, That the said Thomas T. Toler 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 deponents subscribing his name as attesting witness thereto, as aforesaid the said Thomas T. Toler 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.
This 1st day of May 1922 before me
S.C. Tillett, Clerk 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 is the last Will and Testament of Thomas T. Toler, deceased. Let said Will together with the probate, be recorded and filed. This 1st day of May 1922.
S.C. Tillett, Clerk Superior Court
NOTE: Thomas T. Toler [Sr.] was he son of John Toler and Esther Tillett, having been born to them at Kitty Hawk (Currituck Co.) on July 3, 1830. He died in Manteo, NC on April 26, 1922. Thomas was first married to Elizabeth "Betsy" Ansell (1826-1883) circa 1862 and they had 3 children:
1) Mary Elizabeth Toler (1863-1953- a twin) married Charles Lee Midgett
2) Thomas T. Toler, Jr. (1863-1890 - a twin) married Pattie "Patsy" Staples
3) Magdalena Toler (1865-1947) married Louis Napoleon Midyett
Thomas T. Toler enlisted in the Confederate Army on Aug. 1, 1861 at the age of 30. He was captured on Roanoke Island on Feb. 8, 1862. He was exchanged in August 1862 and deserted prior to Nov. 1, 1862. He applied for his pension in 1907 under the Pension Bureau Act of 1901. He married for the second time on Feb. 9, 1893 in Camden Co., NC to Mrs. Pattie (Staples) Toler, the widow of his son, Thomas Jr., and to them were born two children:
1) Preston L. Toler (1893-1901)
2) John Thomas Toler (1896-1962) married Rosa Lee Gibbs
Thomas' death was written up in Elizabeth City's The Independent on Friday, May 12, 1922 --
CAPT. TOM TOLER DEAD - Capt. Tom Toler, Dare County's oldest citizen, died at his home near Manteo last week after an illness of several months, at the age of 92 years. Mr. Toler was an interesting citizen, having spent much of his younger life on sailing ships plying around Cape Horn or the Pacific Coast, he was able to relate many stories of his voyages for the entertainment of his visitors. After being a widower for several years he married the widow of his son, Mrs. Pattie Toler, who survives him. One son, John Toler of the U.S. Navy and two daughters, Mrs. L.N. Midgett and Mrs. Charles Midgett also survive.
Apparently Thomas' will was probated twice--once in 1922 and again in 1952. This same will is found again in Dare's Will Book 3. pg. 212 with the same witnesses listed. Samuel E. Mann had died in 1921 before the probate of the first will. Samuel A. Griffin, who alone attested to the first will in 1922, died in 1940 so there were no living witnesses when this will was probated in 1952. I have no idea why there are 2 probate dates for this will.
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.