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In the name of God Amen.  I Lydia HARDY, now in the city of Norfolk, Virginia, but expecting to reside chiefly hereafter with my daughter, Lovey BAXTER, in Currituck County, N.C. and my son, Henry C. HARDY in Camden County, N.C., calling to mind the uncertainty of life, and being in good health and of sound mind, do make this my last will and testament - first commanding my soul to God who gave it, and my body to be buried in a plain and christianlike manner.

I give to my daughter in law, Sarah BRAY, widow of my son Caleb W. BRAY, two hundred dollars to be paid to her by Wm. J. HARDY, out of the two notes he holds for me against Tully CAPPS of Knotts Island, when he receives the money from said CAPPS for the said notes; to aid her raising my two grand children, Sarah Virginia BRAY & Thomas Wm. BRAY.  I place with my daughter Lovey BAXTER my servant girl, Caroline, about about twelve years old, which I value at three hundred dollars, to be kept by her until my death, and then to retain her forever at the said valuation and I place with my son Henry C. HARDY my servant girl, Sally, about six years old and my servant boy, Caleb, about four years old, which two servants I value at three hundred and fifty dollars, to be kept by him until my death and then to retain them forever at the said valuation - reserving to myself always at any time during my life the right to take possession again of my said three servants, in case of my recipity? to do so, to enable me to provide a comfortable maintenance and support - after my death the three said slaves? are considered as a part of my estate, which, after all my just debts are paid, I wish to be equally divided, say, one third to my two grand children herein before mentioned, reckoning the two hundred dollars which Wm. J. HARDY is to pay my daughter in law Sarah BRAY as a part of their said one third - one third to my daughter Lovey BAXTER, reckoning the valuation of my servant girl Caroline at three hundred dollars, as a part of her one third - and one third to my son Henry C. HARDY, reckoning the valuation of my servant Sally and servant boy Caleb at three hundred and fifty dollars, as a part of his one third - and my whole estate after my death to be so divided between my said children and grand children.  And I hereby constitute and appoint my said son, Henry C. HARDY, and my son in law, Thomas E. BAXTER, my executors to this my last will and testament.  Given under my hand and seal at Norfolk, Va. this 26 day of October 1850.
            /s/ Lydia HARDY    Seal

Signed & sealed in presence of
     W.J. HARDY
     Ann HARDY

State of Virginia
City of Norfolk
    I, Samuel T. SAWYER a commissioner for the State of Virginia, under an act entitled "An act authorizing the appointment of Commissioners to take depositions and affidavits, the acknowledgements of deeds and instruments of writing under seal out of the State of North Carolina" passed by the Legislature of North Carolina, do hereby certify that William J. HARDY a witness to the will hereto annexed of Lydia HARDY, bearing date the 26^th day of October 1850, personally appeared before me, in my state aforesaid and after having been duly sworn testified that the said Lydia HARDY signed, sealed, published and declared the will hereto annexed as and for her last will and testament in his presence, as well as the presence of Ann HARDY the other witness to the will, who in her presence, at her request, and in the presence of each other subscribed their names as witnesses, and that the said Lydia HARDY was of sound and disposing mind and memory and competent to make a will.
    In testimony of which, I, as commissioner aforesaid do hereby certify the same to the Court of Pleas & Quarter Sessions for the County of Currituck in the State of North Carolina, in order that the said will may be admitted to probate.
    Given under my hand and seal this 10^th day of November in the year of our Lord 1853.
    /s/  S.T. SAWYER, Com^r.    Seal

State of North Carolina}    Court of Pleas & Quarter Sessions
    Currituck County     }    November Term 1853
    Whereas a paper writing purporting to be the last will and testament of Lydia HARDY was at August Term 1853 propounded for probate  in common form, and it been suggested to the Court that the subscribing witnesses thereto were not residents of the State it was ordered that commission issue to take their testimony and at this Term of the Court, the same having been exhibited with the testimony of Wm. J. HARDY, one of the subscribing witnesses thereto taken before S.T. SAWYER a commissioner duly appointed and it appearing to the Court that said paper writing was duly executed by the said Lydia HARDY as and for her last will and testament it is admitted to probate as such and it is ordered that it be recorded, together with the testimony taken before the commissioner and this certificate - and it is further ordered that Thos. E. BAXTER one of the executors therein named be permitted to qualify as such - and the said Thos. E. BAXTER appeared and qualified as said executor and took upon himself the execution of the trust therein contained.

Recorded the 14^th day of January 1854 in Book No. 4 (no page numbers listed)

[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]

EXTRA INFORMATION:

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!

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