Currituck County Wills
Isaac Baxter, Sr.
Dec. 13, 1858 - Feb. Term 1860
[see his 1867 estate record
here]
In the name of God Amen.
I Isaac BAXTER SR. of the county of Currituck and State of North Carolina, being afflected but of Sound disposing mind and memory thanks be to God for the same, do on the 13th day of December 1858 make constitute and ordder? this and no other to be my last will and testament in form as follows. I commend my soal to God who gave it to me and my body to the earth to be bured by my frends in a plain Christian manner without any preaching of sermond as tuching such worly goods as it has pleased God to bless me with I dispose of it as follows, to wit --
Item 1st I loan unto my beloved wife Letitia BAXTER durin her natural life the farm and plantation whereon I now liv.
Item 2und I loan unto my beloved wife Letitia BAXTER durin her natural life the following negros to wit - man Jefferson, boy Camron, woman Milly, girl Mary, if my beloved wife Letitia should wish to leave the farm and plantation whereon I now live before her deth [smudge] contract made between her and my executors to the advantage of my estate is my will and disire.
Item 3d I give & bequeath unto my beloved wife Letitia BAXTER one negro girl named Courtny and her encreace to her and her heirs forever.
Item 4th I give and bequeath unto my beloved wife Letitia BAXTER the following property, to wit - one filla first choise - one roakaway and hames - one horse cart and hames - one yoke of oxen and a cart and yoke - two cows and calvs first choise - fifteen hed of hogs first choise - all the poltry - all the sugar - coffee - tea and flour - two beds and steds and furnitur first choise - all the knives and forks - all the silver ware - all the earthen ware of evry kind - eight flag chairs known as the DAVIS chairs - three old flag chairs - three old stool chairs - apart of the pot iron - all the pork - bacon - lard and fish - twelve hundred pounds of fresh pork to be kiled, to her and her heirs forever.
Item 5th I have given unto my son Joseph W. BAXTER his full shair and he has received the same in his and my lifetime.
Item 6th I have given unto my son Isac M. BAXTER his full chare and received the same in his and my lifetime.
Item 7 I give and bequeath unto my son Burwell M. BAXTER one negro woman named Sarah, one negro woman named Mantigo, one negro woman Sintha, one negro man named Miles, one negro man named Abner, with their increase to gether with a portion of property already received in his and my lifetime, to him and his heirs forever.
Item 8th I loan unto my son Enoch F. BAXTER durin his natural life the farm and plantation whereon he now lives, known as the DOLBY, HARVEY and DAVIS lands, never the less to be held in trust by my executors and managed by them until a certain debts is paid by my son Enoch F. BAXTER to my executors and lawfull interest, namely J.B. LEE's and J.W. BAXTER's receipt for eleven hundred and thirty one dollars and ninty two cents with interest from November 17th 1857; Ambrose LINDSEY's receipt for thirteen hundred and eleven dollars and ninty cents with interest from Feby. 3d 1858; Sally MILLER's receipt for one hundred and eight dollars with interest from December 20th 1857. It is my will and disire after the above named debts have been paid by my son Enoch F. BAXTER to my executors for the benefit of my estate that the above named lands shall pass from the hands of my executors to my son Enoch F. BAXTER and he shall have full contract and possession of the same durin his natural life.
Item 9th After the deth of my son Enoch F. BAXTER I give and bequeath unto my son Enoch F. BAXTER's lawfull heirs if any, the farm and plantation whereon he now lives known as the DOLBY, HARVY and DAVIS lands, in the event that my son Enoch F. BAXTER should die leaving no issue the above named farm and plantation return to my estate.
Item 10th I loan unto my son Enoch F. BAXTER and his wife Amanda durin thare natural life the following negros to wit - old negro woman Sabra, young negro woman Sabra, woman Evy, man Jiffey, man Morris, and thare increase.
Item 11th After the dith of my son Enoch F. BAXTER and his wife Amanda I give and bequeath unto thare lawfull heirs if any the following negros to wit - old negro woman Sabra, young negro woman Sabra, woman Evy, man Jiffey, man Morris, and thare increase, to them and thare heirs forever. In the event my son Enoch F. BAXTER and his wife Amanda should die leaving no issue the above named negros return to my estate.
Item 12th I give and bequeath unto my beloved Hilyard E. BAXTER the farm and plantation where on he now lived to him and his heirs forever.
Item 13th I give and bequeath unto my beloved son Hilyard E. BAXTER negro man Jess - negro woman Rose - negro boy Daniel Night Hawk - negro girl Jadwillow - negro boy Bohan - negro boy Harvy, to him and his heirs forever and thare increace.
Item 14th I give and bequeath unto my beloved daughter Mahetable M. BAXTER negro woman Crease - negro boy Dalles - negro girl Ferebee - negro girl Absilla - negro boy Joshua - negro boy Pero, to her and her heirs forever and increace.
Item 15 I give and bequeath unto my beloved daughter Mahetable M. BAXTER one bed and stead and furniture six can bottom chairs - one cane bottom rocking chair, to her and her heirs forever.
Item 16th I give and bequeath unto my beloved daughter Deborah F. BAXTER negro woman Caroline - negro boy Sowell - negro boy Elon - negro girl Ellis - negro girl Allis - negro girl Cloah, to her and her heirs forever, and increase.
Item 17th I give and bequeath unto my beloved daughter Deborah F. BAXTER one bed and stead and furniture - six can bottom chairs - one cane bottom rocking chair, to her and her heirs forever.
Item 18th I loan unto my grand son Isaac B. HUGHS duren his natural life negro woman Mary Ann - negro boy Isaac (her brother), and increase.
Item 19th After the dith of my grand son Isaac B. HUGHS I give and bequeath unto his lawfull heirs if any the following negros to wit - negro woman Mary Ann - negro boy Isaac (her brother) and increase, to them and thare heirs forever. In the event my grand son I.B. HUGHS should die leaving no issue, the above named negros return to my estate.
Item 20th I give and bequeath unto my grand son Isaac B. DOZER negro boy Feabs? - negro Mary - after the death of my wife Letitia, to him and his heirs forever.
Item 21st My will and disire is that my [crease in paper] out to the best advantage of my estate - all my negros not already given off and at the dith of my beloved wife Letitia all the said negros to be sold at the court house door in said county after given twenty days notice in three or more publick places in said county and the proseeds of the sales of said negros and all moneys, heirs, proffets and interest arising thare from to be equally divided between the following children and grand children namely - Nancy WHITEHURST, Elizabeth DOZIER, Hilyard E. BAXTER, Mahetable M. BAXTER, Deborah F. BAXTER, Isaac B. HUGHS and Isaac B. DOZIER, to them and thare heirs forever.
Item 22und I give and bequeath unto my beloved sons Oscar F. BAXTER, Burwell M. BAXTER, Enoch F. BAXTER, Hilyard E. BAXTER, Mahetable M. BAXTER and Deborah F. BAXTER all of my lands of evry discription not heartofore given off, to be equally divided between them and thare heirs forever.
Item 23rd I give and bequeath unto my beloved son Enoch F. BAXTER all the notes that I hold against him for money loan or given to me for value received that may be found after my deth, to him and his heirs forever.
Lastly I constitute and appoint my beloved sons Burwell M. BAXTER and Hilyard E. BAXTER my whole and sole executors to manage all my affairs and estate to the best of thare judgment and skill to this my last will and testament hereby revoking and declaring utterly void all other wills and testaments by me heretofore made in witness whereoff I the said Isaac BAXTER, SR. do hereunto set my hand and seal this the 13 day of December 1858.
/s/ Isaac BAXTER SealSigned sealed published and declared by the said Isaac BAXTER SR. 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 as subscribed our names as witness thareto.
Joseph S. DEY Jurat
W.A. PARKER Jurat
State of North Carolina } Court of Pleas & Quarter Sessions
Currituck County } Feby Term 1860The annexed paper writing purporting to be the last will and testament of Isaac BAXTER, deceased, is exhibited for probate in open Court by Burwell M. BAXTER & Hilliard E. BAXTER, the executors therein named, and the due execution thereof by the said Isaac BAXTER is proved by the oaths and examination of Joseph S. DEY & W.A. PARKER, the subscribing witnesses thereto. It is therefore considered by the Court that the said paper writing and every part thereof is the last will and testament of said Isaac BAXTER and the same is ordered to be recorded and filed. And thereupon B.M. BAXTER & H.E. BAXTER, executors as aforesaid, duly qualifies as such by taking the oath required by law.
Attest: J.W. BAXTER, CCC
[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]
This will was contributed 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. Thank you!
© 2005 Kay Midgett Sheppard
