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Currituck County Wills
Richard B. Flora
June 19, 1884 - 1st Codicil: Mar. 4, 1895 - 2nd
Codicil: Nov. 4, 1903 - Sept. 11, 1905
Currituck Co. Will Book 5; pg. 342-347
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North Carolina } Will:
Currituck County}I Richard B. FLORA of the County and State aforesaid being sound in mind and body knowing the certainty of death and uncertainty of life, do make and declare the following to be my last will and testament.
Item First: I desire my executor hereinafter named to give my body a good and decent burial I especially direct my grave to be bricked under the ground, with brick arch turned over.
Item Second: I desire all my just debts to be paid and for that purpose I desire my executor to only to apply my gathered crops or those which my growing at the time of decease. It being my desire and my direction to my said executor not to sell or dispose of any of effects of any kind, except as my be herein directed, or by some codicil subsequently made by me.
Item Third: To my beloved wife Anthea S. FLORA for and during the term of her natural life, I give and bequeath, in lein of dower and homestead rights, my two farms known respectively as the “Andrew FLORA” Farm and the “Casey SPENCER” farm and said land is hereby given and bequeathed and made unimpeachable for waste. After the death of my said wife, I give and bequeath two farms in this item mentioned unto my daughter Anthea for and during the term of her natural life and at her death if she may said daughter Anthea shall leave issue her surviving or the issue of such then I give and bequeath the said farm unto such issue in fee forever. But if my said daughter Anthea should die with leaving issue or the issue of such then I give and bequeath these said farms unto my two daughters Nannie V. WILSON wife of F.C. WILSON and to Clara L. IVES wife of L.C. IVES for and during their natural life share and share alike and at the death of either of my daughters Nannie V. or Clara C. I give and bequeath the share of the one dying unto her issue in fee forever.
Item Fourth: To my son Andrew W. FLORA, I give and bequeath my farm commonly known as the “Caleb J. ETHERIDGE” farm together with a piece of land purchased of John JONES and wife containing about fifty one acres adjoining the said “C.J. ETHERIDGE” farm, and also one other piece purchased of Wm. C. MERCER and wife said to contain upwards of ten acres. All of which land is comprehended in the following boundary commencing at a Dam Gate on the Survey Road, thence easterly down said road to the Green Woods; thence southerly along a big ditch at the side of said woods to the end of the ditch; thence easterly to a corner post in John SANDERLIN’s line, thence southerly to the corner glazed pine, thence westerly to corner and SANBORN’s line thence northerly to first station. Also one other piece of cleared line on my home tract whereon Casey PERKINS lives commencing on the Survey Road at its intersection with my pasture ditch thence easterly to my hog lane, thence northerly down said lane to Green Woods: thence westerly down ditch to Survey Road thence southerly along Survey Road to place of beginning containing about fifteen acres. To have and to hold each of the above named pieces unto the said Andrew W. FLORA for and during the term of his natural life unimpeachable for acts of waste and at the death of the said Andrew W. FLORA to his issue or the issue of such and their heirs, but if the said Andrew W. FLORA should die without leaving lawful issue or the issue of such then I devise give and bequeath the land in this item mention unto my son R.W. FLORA for and during his natural life and at his death to the lawful issue of said R.W. FLORA and their heirs.
Item Fifth: To my son R.W. FLORA I give and bequeath the farm whereon I now reside and known as the “Caleb WILLIAMS” farm including also a piece of the “Isaac FLORA” farm which said piece of land are bounded as follows: commencing at the corner of the Survey Road at John MORSEs lead ditch, thence running easterly along the road to an oak post and to a three (3) feet ditch, thence northerly along said three feet ditch to Wm. Henry LEE’s line thence westerly down said ditch to the land of the heirs of the late Robert POINER, thence binding said land to John MORSE’s lead ditch thence along said ditch to the place of beginning excepting from land within these boundaries the small piece given the preceding item Andrew W. FLORA. I give and bequeath the land herein described unto my son R.W. FLORA for and during his natural life and at his death I devise give and bequeath the same unto his issue or their issue and their heirs. But if the said R.W. FLORA should die without lawful issue then I give and bequeath the land herein mentioned unto my son Andrew W. FLORA and during his natural life and at his death unto his issue lawfully begotten or their issue and their heirs in fee simple forever.
Item Sixth: Unto my daughter Clara L. IVES, wife of L.C. IVES I give all the land lying east of the lands hereinbefore devised to my sons Andrew W. FLORA and R.W. FLORA to my said daughter Clara L. IVES for and during the term of her natural life and at her death I give and bequeath the same unto her issue or the issue of such and their heirs in fee simple for ever.
Item Seventh: Unto my daughter Nannie V. WILSON wife of Frank C. WILSON I give and bequeath for and during the term of her natural life that piece of land commencing at the junction of Wm. Henry LEE’s line with the piece heretofore given my son R.W. FLORA thence westerly along a three (3) feet ditch to the land of the heirs of Robert POINTER thence northerly to the lead ditch of T.L. SANDERSON thence easterly down said ditch to Wm. Henry LEE’s line to a three (3) feet ditch thence southerly to first station known as the Jesse B. LEEs land also unto my said daughter Nannie V. for and during the term of her natural life, one other piece of land known as the “ETHERIDGE” farm commencing where the Dam Bridge stream crosses the main road thence southerly along the stream to T.L. SANDERSON’s line thence easterly along SANDERSON’s line to the line of Isaac WILSON (colored) thence down the line of said WILSON’s line northerly to the main road thence along the main road to place of beginning after the death of my said Daughter Nannie V. WILSON I give and bequeath the same unto the issue of said Nannie and their heirs in fee simple forever.
Item Eighth: I give and bequeath the life estate herein before enumerated unto the several life tenants with full power to cut timber and perform whatever acts of ownership the tenants in fee might do, making the estate each and every one unimpeachable for waste.
Item Ninth: Unto my beloved wife Anthea S. FLORA, I also give my entire lot of household and kitchen furniture; also one top buggy and harness; one mule named “Mary”; also all of my farming utensils and implements of husbandry; also one cow and calf to be selected by her (first choice) and ten stock of bees.
Item Tenth: To my son A.W. FLORA I also give one dapple gray mare named “Lady Luke”, one top buggy and harness, one breech loading gun number 12 with implements, also one gray horse named “Latham”.
Item Eleventh: I give unto my son R.W. FLORA the gold watch and chain which I now wear, one breech loading gun No. 16 with implements, one horse named J.I.C. one sorrel horse named Garfield.
Item Twelfth: Unto my daughter Anthea I give one gray colt named “Bob”.
Item Thirteenth: I give unto my half brother Dennis one mussle loading double barrelled laminated steel shot gun.
Item Fourteenth: My stock of bees excepting the ten stock hereinbefore given to my beloved wife I give in equal shares to each of my children share and share alike.
Item Fifteenth: My cattle, hogs, and sheep I give in equal parts unto my four children Andrew W., Richard W, Nannie V., and Anthea.
Item Sixteenth: I nominate and appoint my trusty son Andrew W. FLORA my sole executor to see this my will carried out and direct that he qualify without bond. It is further my desire that my father Richard FLORA SR. shall live at the same place and in the same manner as he has always lived for the term of his natural life. It is also my desire that my half brother Dennis live as he has always lived and that he have a good common school education in the County of Currituck and it is further my desire of the said Dennis remain with my sons until he reach man’s estate, that my said sons shall give him an open buggy and harness and good horse.
In witness whereof I have hereunto signed this instrument in the presence of the subscribing witnesses and of each other acknowledging the same to be my will and testament and affix my seal hereto this June 19, 1884.
/s/ Richard B. FLORA sealSigned and sealed in our presence by Richard B. FLORA known to us to be the person he represents himself to be and declared by him to be his last will and testament and signed and sealed in our presence and in the presence of each other. This June 19, 1884.
Wm. J. GRIFFIN
W.O. TEMPLE
T.G. SKINNERNorth Carolina }
Currituck County }
I Richard B. FLORA being of sound mind do make and declare this codicil to the foregoing my .Item 1. I loan to my grandson Frank WILSON son of my daughter Nannie V. WILSON for and during his natural life all the lands described in Item Seventh of my said last will and testament and after his death I give the same to his issue in fee simple but should he die leaving no issue nor the issue of such surviving him then I give said land to all my grand children living at that time in fee simple.
Item 2. I give all the household and kitchen furniture and farming implements mentioned in item Ninth of my said will to my two sons R.W. and A.W. FLORA and I give all my stock, houses [horses?], mules, cattle, sheep, and hogs to my four children to be equally divided the boys to have first choice.
/s/ R.B. FLORA sealSigned and sealed in our presence by Richard B. FLORA known to us to be the person he represents himself to be and declared by him to be his Will as codicil to his last will & testament in our presence and in the presence of each other this the fourth day of March 1895.
Wm. J. GRIFFIN
T.G. SKINNERNorth Carolina }
Currituck County }
I Richard B. FLORA being of sound mind & disposing memory do hereby make & declare this codicil to my last will & testament signed & sealed on the 19th day of June 1884.I: .I give & devise unto my son Andrew W. FLORA & his children the right & privilege of turning & keeping all their stock of every kind into & upon all that certain piece or parcel of land same being part of what is known as the Caleb WILLIAMS farm which I have recently inclosed with a Victor wire fence & white oak post with two strands of barbed wire at the top.
II: I give and devise unto my son R.W. FLORA his children the right to cut & use therefrom fire wood & such other & further wood or timber as may be necessary to supply him & keep the farm in order from all the lands given to my said son Andrew W. FLORA in my said will.
III: I hereby modify section Eighth of my said will so as to restrict the right of the life tenants therein referred to so that they can only cut timber & wood necessary to furnish fires & keep their property in order & not for or to be sold in market.
IV: I hereby direct that my sons Andrew W. FLORA & R.W. FLORA my daughter Clara L. IVES & my grandsonrank WILSON pay equally all the expence of cutting out when necessary & keeping in order my lead ditch commencing at the Dam Gate & running down the main road to Rowlands Creek.
Witness my hand & seal this November 4th 1903.
/s/ Richard B. FLORA sealSigned & sealed in our presence by RICHARD B. FLORA & declared by him to be a codicil to his last will & testament of date June 19th 1884 in our presence & in the presence of each other this the 4th day of November 1903.
J.C. SPENCE
J. Haywood SAWYER
State of North Carolina } In Superior Court
Currituck County } Before E.W. ANSELL Clerk
In Re Estate }
of } Order for Probate of will
Richard B. FLORA, deceased }
A paper writing purporting to be the last will and testament & Two paper writings purporting to be codicils thereto of Richard B. FLORA dec’d are exhibited in open court for probate by A.W. FLORA executor therein named and the due execution of said will by the said Richard B. FLORA dec’d is duly proven by the oath and examination of W.D. PRUDEN as to the handwriting of W.J. GRIFFIN who is dead and W.O. TEMPLE who resides out of the State & by W.H. BRAY as to the handwriting of Richard B. FLORA the testator & said paper writing purporting to be codicils thereto all proved 1st by the oath & examination of W.D. PRUDEN as to the handwriting of W.J. GRIFFIN dec’d & by the oath & examination of T.G. SKINNER subscribing witness thereto & by the oath & examination of W.H. BRAY as to the handwriting of Richard B. FLORA dec’d the testator 2nd by the oath & examination of J.C. SPENCE & J. Haywood SAWYER the subscribing witnesses thereto and it is further shown to the satisfaction of the court by said witnesses, T.G. SKINNER, J.C. SPENCE & J. Haywood SAWYER that the said Richard B. FLORA was at the time of making said Codicils & Will of sound mind and memory of full age to execute a will and under no restraints to their knowledge information or belief.
It is thereupon considered adjudged and decreed that said proof are sufficient and according to law and that said paper writing are and contain the last will and testament and codicils thereto of Richard B. FLORA dec’d. And it is ordered that said will & codicils be admitted to probate and recorded in the Book of Wills of Currituck County and as such filed as provided by law in the Office of the Clerk of Superior Court of said county. It is further adjudged that said A.W. FLORA is a suitable person to act as executor and that he be allowed to qualify as executor as provided by law and enter upon the discharge of the duties imposed by said trust. Dated this the 11th day of September 1905.
/s/ E.W. ANSELL, Clerk of Superior CourtA.W. FLORA having qualified as executor aforesaid let letters testamentary issue accordingly. This 11th day of September 1905.
/s/ E.W. ANSELL, C.S.C.Currituck County } In Superior Court
In the matter of the Will of } Before E.W. ANSELL, Clerk Superior Court
Richard W. [sic] FLORA}Andrew W. FLORA being duly sworn doth say: That Richard B. FLORA late of said County is dead having first made and published his last will and testament and that Andrew W. FLORA is the executor named therein. Further that the property of the said Richard B. FLORA consisting of 1 horse, 7 mules, 11 cattle consisting of cows & calves, 4 hogs, household & kitchen furniture farming utensils etc. is worth about $475.00 so far as can be ascertained at the date of this application and that A.W. FLORA Moyock, N.C., R.W. FLORA, Moyock, N.C., Anna LEE Moyock, N.C., Clara L. IVES, Hickory, Va., Frank WILSON, Great Bridge, Va. none minors, are the parties entitled under said will to the said property.
/s/ A.W. FLORASworn to and subscribed before me this 11 day of September 1905.
/s/ E.W. ANSELL, Clerk Superior Court
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