Nichodemus Best - 1872

not dated - In Probate Court.  It being suggested to the Court by Jesse PATRIDGE the Executor named in the nuncupative will hereinafter mentioned that Nichodemus BEST, dec^d, on or about the 4^th day of March in the presence of Elijah SIBBORN and Thomas PERRY did make a nuncupative will in substance as follows, to wit.  "I give to James BEST Two hundred dollars in gold to be used by Jesse PATRIDGE or Thomas PERRY for the purpose of schooling him."  It is therefore ordered that a citation be issued against the next of kin of the said Nichodemus BEST, to wit, Ruth BEST, widow of said dec^d and Jas. BEST to appear before this Court on the 22^nd day of June 1872 to see proceeding in this cause and to contest the probate of said will if they shall think proper to do so.

not dated - To James BEST, orphan of Nicodemus BEST, and Ruth BEST, widow of Nicodemus BEST-- You are hereby cited to appear before me on Friday the 22^nd day of June 1872 at my office at Currituck Court House when and where Jesse PATRIDGE will propound for probate the nuncupative will of Nicodemus BEST, dec^d, and when and where you may appear and do as your interest may dictate to you.  /s/ A.O. DEY, Probate Judge

22 June 1872 - This is to certify that I, Thomas PERRY of Currituck County, knew Nicodemus BEST, late of Currituck County, and was present with him in his death sickness.  I frequently heard him express a desire as to the disposition of his property after his death and what his wish was - but two years before his death (some time in 1870) he was quite sick.  He handed to me two hundred dollars in gold and used the following language - "I want you to take this two hundred dollars and in case I die I want you to spend it upon Jim in schooling and in case Jim should die before it is used up I want the balance to be divided among your children, Jesse PARTRIDGE and Sukey PARTRIDGE and give to Rutha some of it if you are of a mind to do so.  In case you are taken sick I want you to hand the money to Jesse PARTRIDGE to carry out my wishes.  There is enough property to keep Rutha a spell if she will take of it."  He recovered from his sickness at the time mentioned and called upon me and got the money from me.  At the time of his death sickness which took place upon the 4^th of March 1872, I was with him about two hours before his death.  He called to his wife to hand me the two hundred dollars and said to me "I want you to take this two hundred dollars and lay it out upon Jim in schooling him or hand it to Jesse PARTRIDGE so to do just as you see fit to do."  Given under my hand this 22^nd day of June 1872.  /s/ Thomas [his x mark] PERRY

22 June 1872 - This is to certify that I was present with Nicodemus BEST in his death sickness and about two hours before he died he called to his wife to hand two hundred dollars in gold to Thomas PERRY and remarked to Mr. PERRY "I want you to take this two hundred dollars and lay it out upon Jim in schooling or hand it to Jesse PARTRIDGE just as you see fit to do."  This was upon the 4^th of March 1872.  Given under my hand this 22^nd day of June 1872.  /s/ Elijah [his x mark] SIBBORN

22 June 1872 - This is to certify that Nicodemus BEST, dec^d, during his life, frequently spoke to me in regard to drawing up a will for him and as to what disposition he wanted to be made of his property after his death.  Just a few days before his death he remarked to me in the following language, "When I die what money I may leave behind me (if any) I want used in schooling Jim and the balance I want to go to Rutha - there is enough for her if she will behave herself.  I want Jess PARTRIDGE to take it in hand and look out for them.  I am not in debt and I do not want the law to make Jess give security."  He died in the early part of March 1872.  Given under my hand this 22^nd day of June 1872.  /s/ Geo. P.D. BRICE

not dated - It appearing to the satisfaction of the Court from the testimony return of Elijah SIBBORN the Sheriff that process has been served on all the next of kin of Nicodemus BEST deceased according to the order made by this Court.  And it further appearing from the evidence of Thomas PERRY and Elijah SIBBORN, two competent and credible witnesses that the said Nicodemus BEST on or about the 4^th day of March A.D. 1860 [it clearly says 1860 but this date is wrong as Nichodemus Best is found in the 1870 census] in his last illness, in his own dwelling house, and in their presence and when he was of sound mind and disposing memory, did make a nuncupative will and did therein bequeath in substance as follows:  "I give to Jas. HOBBS BEST my son Two Hundred dollars in gold to be expended in schooling him.  I desire Jesse PATRIDGE or Thomas PERRY to use the said Two hundred dollars in gold for the purpose in schooling my son James BEST."  And did deliver the said Two hundred dollars in gold to the said Thomas PERRY to be used by himself or by Jesse PATRIDGE to educate Jas. BEST his son and that said Nichodemus BEST died on the 4^th March 1872.  It is declared by the Court that the said Nicodemus BEST did make a valid nuncupative will and did therein bequeath the amount as specified above.  It is further ordered that the above proceedings be recorded.  /s/ A.O. DEY, P.J.

not dated - Jesse PATRIDGE the executor named in the nuncupative will of Nicodemus BEST appeared in open Court and qualified by taking the usual oath.  /not signed/

[Source: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]