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Currituck County Wills

 Marie Louise Le Bel Knight
Sept. 26, 1936 - Dec. 21, 1936
[The Currituck will books are no longer in the courthouse but have been sent to the Archives in Raleigh.  Currently they only have wills in envelopes dating from about 1900 or even later filed in metal drawers.  This will was in the third lower drawer and was # 37.  Each drawer starts with # 1 and there is an index to each drawer.  Noted as recorded in Will Book 7; pgs. 59 - 69]

[Hand written note at the top of the page]

P. S. Ray:  The order you sign & which is attached, should also be copied in your will book immediately before or after the will  itself.
   
/s/ J. H. H.

John H. HALL
Attorney at Law
Elizabeth City, N. C.
Carolina Building

March 10, 1941
Mr. R. P. MIDGETT, Clerk Superior Court,
Currituck, North Carolina
In Re:   Will of Marie Louise Le Bel KNIGHT

Dear Ray:
    I enclose to you herewith certified copy of the will of the above party, who died a citizen and resident of the State of Rhode Island.  It will be noted that this has been certified as a true copy by the Clerk of the Probate Court under his official seal.  I have attached to the certified copy of will an order which I would thank you to sign.  Won’t you please record in your proper Will Book this certified copy of the will, together with the certificate of the Clerk, James A. PECKHAM.
    Please consider this letter a guarantee of your charges, and your bill should be sent through me and made out to H. Wilbur BIRCKS and the Pennsylvania Company for Insurances on Lives and Granting Annuities, Executors and Trustees.
    In connection with the copying of this will on your records, I see no necessity whatsoever for copying the two certificates in the form of red stamps which appear on the last page of the will as having been executed by the Pennsylvania Company etc.  These are no part of the will and have nothing to do with the official certification which is attached to the will over the signature of James A. PECKHAM, Clerk.
Yours truly,
    /s/ John H. HALL

Copy to: Executors and Trustees of Estate of Marie Louise Le Bel KNIGHT

 

  North Carolina }     In the Superior Court - Before the Clerk
Currituck County}    In Re: Will of Marie Louise Le Bel KNIGHT
   
This proceeding coming now to be heard before the Court, and it appearing to the Court and the Court finding as a fact that Marie Louise Le Bel KNIGHT died testate, a resident of the State of Rhode Island, and that the Executors named in her said will have offered for probate and recordation in this Court a paper writing as the certified copy of her said will;   that said copy of said will has been duly exemplified and authenticated by the Clerk of the Court in which said will has been proved and allowed in the State of Rhode Island, and under his official seal;   and that said will was in all respects executed in accordance with the requirements of the laws of North Carolina, which said fact affirmatively appears in the said certified probate or exemplification of said will:
    Whereupon it is ordered by the Court that the said will be and the same is hereby adjudged to have been duly proved according to law, and the said paper writing now offered for probate and recordation is a certified copy of the will of said Marie Louise Le Bel KNIGHT, and that the same be and is hereby admitted to probate in this court, and ordered recorded as the last will and testament of the said Marie Louise Le Bel KNIGHT, as provided by law.  This March 10, 1941.
     /s/ R. P. MIDGETT, Clerk Superior Court Currituck County, N.C.


[note written at the top of the page] Recorded in Book 7 pgs. 59 – 69]

State of Rhode Island &c
Probate Court of the
County of Newport, Town of Middletown

Estate of Marie [the word Louise has been inserted] LeBel KNIGHT, } October 13th, 1939
                                 late of Middletown, deceased                                     } No. 511

    This will certify that the papers hereto annexed are a true copy of the last will and testament of Marie [the word Louise has been inserted] LeBel KNIGHT, late of Middletown, deceased, duly proved on December 21st, 1936, and on file and of record in said Court.
    As Witness my hand and the seal of said Court the day and year first above written.
     /s/ James A. PECKHAM, Clerk

Be it remembered that I, Marie Louise Le Bel KNIGHT, widow of Edward Collings KNIGHT, JR., of Middletown, Rhode Island, being of sound and disposing mind, memory and understanding, make, publish and declare this to be my last Will and Testament, hereby revoking all other and former Wills by me at any time heretofore made.

FIRST.  I direct that all my just debts and funeral expenses shall be paid by my Executors as soon after my decease as may be convenient.

SECOND.  I direct that my body be buried in the KNIGHT lot in Woodland Cemetery where my late husband, Edward C. KNIGHT, is now buried.

THIRD.  I direct that all my jewelry, household goods, automobiles, etc., be sold by my Executors hereinafter named as soon as possible after my death without undue sacrifice, the proceeds there of form part of my residuary estate.

FOURTH.  I give and bequeath unto Colin PERRY, if he be in my employ at the time of my death, the sum of Two Three Thousand Dollars ($2000 $3000) absolutely.

FIFTH.  I give and bequeath: Unto H. Wilber BIRCKS the sum of Five Thousand Dollars ($5000).  Unto Joe JUCE, the sum of Three Thousand Dollars, if he be in my employ at the time of my death.  Unto Katherine E. MEDROW the sum of One Thousand Dollars ($1000).  Unto Herbert TRIMBLE, the sum of One Three Thousand Dollars ($1000 $3000) provided he is in my employ at the time of my death.

SIXTH.  All that estate held for me by the Irving Trust Company of New York from which I am entitled to the income for life I direct to be turned over unto The Pennsylvania Company for Insurances on Lives and Granting Annuities and I give, devise and bequeath the same unto that company in trust to hold and invest the same, keep the same safely invested and pay over the income therefrom as follows, that is to say, one-half thereof unto my brother, Louis Philipppe LeBEL, for life and the other one-half thereof unto my sister, Claire Amande LeBEL, for life.

In trust upon the death of my sister, to pay all of the income to my brother for life.

In trust upon the death of my brother to pay the income to which he would have been entitled if living, that is, either one-half or the whole thereof, as the case may be, unto his present wife for life.

In trust upon the death of the last survivor of the said three life tenants, to assign, transfer, pay over and divide the principal of the said fund on-half thereof unto the Newport Hospital, Newport, Rhode Island, and the other one-half thereof unto the Mercy Home, of Newport, Rhode Island.

SEVENTH.  All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, real, personal and mixed, I give, devise and bequeath unto my Trustees hereinafter named in trust to hold and invest the same, keep the same safely invested and pay over the income therefrom unto Dorothy Colford de SIBERT and Clara D. DOREAU, grandchildren of Edward C. KNIGHT, JR., for life.

In trust upon the death of either to assign, transfer, pay over and divide one-half of my residuary estate to and among the descendants of the one thus dying, share and share alike, per stirpes upon the principal of representation, or should either die without leaving descendants her surviving, to hold the same for the benefit of the other of the said grandchildren of the said Edward C. KNIGHT, JR., with like distribution both as to principal and income as herein provided with reference to her original share.

In trust upon the death of the survivor of them, should there be no descendants of either then living, to assign, transfer, pay over and divide any undistributed portion of my residuary estate as follows, that is to say: One-tenth unto the Philadelphia Home for Incurables. One-tenth unto the Contributors of the Pennsylvania Hospital, to be used in the general relief of the sick. One-twentieth unto Cooper Hospital of Camden, New Jersey. One-twentieth unto Homeopathic Hospital at Camden, New Jersey.  One-tenth unto Jerrerson Hospital of Philadelphia, Pennsylvania.  One-tenth unto Lankenau Hospital of Philadelphia, Pennsylvania.  One-tenth unto Family Society of Philadelphia.  One-tenth unto Pennsylvania Society for the Prevention of Cruelty to Animals.  On-tenth unto Newport Hospital, Newport, Rhode Island.  One-tenth unto Zoological Society of Philadelphia.  One-tenth unto Home of the Merciful Saviour for Crippled Children.

EIGHTH.  I direct that all of the above gifts, devises, bequests and life interests shall be paid free and clear of all legacy, inheritance, succession and estate taxes, which taxes shall be paid out of my residuary estate.

NINTH.  All payments of income or principal payable to any beneficiary under this my Will shall, to the fullest extent permitted by law, be free and clear of his or her debts, contracts, engagements, alienations and anticipations, so that the same shall not be liable to any levy, attachment, execution or sequestration. 

TENTH.  I hereby name, constitute and appoint The Pennsylvania Company for Insurances on Lives and Granting Annuities and H. Wilber BIRCKS, Executors of and Trustees under this my last Will and Testament.  My Said Executors, for the purpose of administering my estate and the payment of my debts, etc., and thereafter my said Trustees for the purpose of the administration of the same and the ultimate distribution thereof in accordance with the terms of this my Will, shall, in addition to and not in limitation of any authority given them by law, have the right and authority to exercise any of the following powers, vis:
    1.  To sell any real estate which may at any time form part of my estate for such prices, upon such terms, in  such way and manner, and for such interests and estates as may be deemed wise, and to make good deeds therefore to the purchaser or purchasers thereof without any obligation on the latter to see to or be responsible for the application of the purchase money.
    2.  To let on ground rent, release or extinguish the same, wholly or partially, whether by reduction of the amount of rent to be paid or otherwise; to mortgage, square, exchange or join in the partition of real estate, and to let or demise the same upon such terms and for such period of time as may be deemed wise.
    3.  To lease, repair, alter or improve any real estate or other property.
    4.  To retain in their discretion, without liability, any of my investments in the form in which they may be at the time of my decease.
    5.  To invest and reinvest, alter, vary and change investments and reinvestments from time to time, at discretion, not being confined to what are known as “Legal Investments”, any Statute to the contrary notwithstanding, including, specifically, the right to invest in the common and/or preferred stock of any corporation.
    6.  To purchase investments at a premium and to charge the premium over to principal or income, or partly to principal and partly to income, as they shall deem best.
    7.  To sell any securities or other personal property which may at any time form part of my estate for such prices, upon such terms, in such way and manner, and for such interests and estates as may deemed wise, and to make good transfers and assignments therefore to the purchaser or purchasers thereof without any obligation on the latter to see to or be responsible for the application of the purchase money.
    8.  To exercise any option to subscribe for new stocks or bonds or certificates or other instruments in the nature thereof which may be given to them as the holders of any stocks or bonds or certificates or other instruments in the nature thereof belonging to my estate.
    9.  To join in any plan of lease, mortgage, or consolidation, exchange, reorganization or foreclosure of any corporation in which my estate may hold stocks or bonds or other securities and to deposit such stocks, bonds, or other securities under such plan.

ELEVENTH.  I authorize and empower the said H. Wilber BIRCKS to nominate in his last Will and Testament an individual Trustee  to succeed him as Trustee of my estate and to act as co-Trustee with my corporate Trustee hereinbefore named with all the rights and powers as though herein originally named as such, such appointment to be subject to the approval of any court of competent jurisdiction should be required.

TWELFTH.  I further direct that neither of my said Executors and Trustees or their successor or successors shall be required to enter security in either capacity in any jurisdiction.

In witness whereof I have hereunto set my hand and seal this Twenty-sixth day of September A. D. 1936.

The words “two” changed to “three” in Clause Fourth and also $2000 changed to $3000 and legacy to Joe LUCE [sic] of $3000 and the word “one” changed to “three” and $1000 to $3000 in Clause Fifth before signing.
    [her name was typed, not hand written] Marie Louise LeBel KNIGHT       (Seal)

Signed, sealed, published and declared by the above named Marie Louise Le Bel KNIGHT as and for her last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses.
    /s/ William P. SHEFFIELD                   Newport, R. I.
    /s/ J. Russell HAIRE                                "          "
    /s/ Bernice H. RECTOR                           "          "

We hereby guarantee that the foregoing is a true and correct copy of the original instrument, duly executed, in our possession, under our control and unrevoked.
    The Pennsylvania Company
     /s/    Edmund TALOR
               
Authorized Signature
                        Assistant Secretary

The undersigned hereby certifies that the foregoing is a true and complete copy of the last will and testament and codicil [looks like thereof], if any, of the testator named therein, which was admitted to probate by the Reg. of Wills Court of the County of Newport, State of Rhode Island on the 21st day of December, 1936.

Dated Dec. 3, 1940
The Pennsylvania Company for Insurances on Lives and Granting Annuities
S. E. Cor. 15th & Chestnut Sts.
Phila., PA

/s/  [signature illegible]
       
Assistant Secretary

This will was contributed by Ben Bateman. 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. Thank you!

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© 2007 Kay Midgett Sheppard