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Currituck County Wills

[There were 2 wills for Angelica Lindsey, both written in different hands.  They are similar in content but have different land descriptions, execution dates and different witnesses.  Both are seen below.]

Angelica Lindsey [first will]
June 13, 1884

In the name of God, Amen.  I Angelica LINDSEY of the County of Currituck and State of North Carolina, being of sound mind and disposing memory - my physical health being fair, but being advanced in years, and knowing the uncertainty of life, I do hereby make and declare this paper writing to be my last will and testament, revoking all other wills heretofore made by me, in manner and form as follows, to wit:

Item:  I give and bequeath unto my two sons, Alfred A. LINDSEY and Morris LINDSEY, all that tract of land I now live on, situate in Crawford Township, District of Indian Ridge, in the County of Currituck, it being the tract of land I purchased of Thomas HUMPHRIES and wife Mollie, bounded as follows: On the North by the lands of Mrs. M.D. BAXTER, on the East by the public road leading from Sligo and the Corner Gum to Indian Town; on the South by the lands of H.M. and W.B. SHAW, and on the West by the lands of the said Mrs. M.D. BAXTER, containing one hundred & twenty acres, more or less, to be equally divided between them, to them and their heirs and assigns, in fee simple forever.

Item:  I also give and bequeath unto my said two sons Alfred A. LINDSEY and Morris LINDSEY, all of my chattel estate that I may have at the time of my death, of every kind and description, such as money, notes, bonds, cattle, horses, sheep, hogs, farming utensils, house-hold and kitchen furniture and all other property that may be found on hand at my decease, to have and to hold, to them and their heirs absolutely forever.

I nominate constitute and appoint my son Morris LINDSEY, executor to this my last will and testament.

In witness whereof I hereunto set my hand and seal this the 13th day of June A.D. 1884.
    /s/ Angelica [her x mark] LINDSEY

Signed, sealed, published and declared by the said Angelica LINDSEY to be her last will and testament in the presence of
    S.C. SIMMONS
    E.M. WALKER

Angelica Lindsey [second will]
Oct. 9, 1891 - June 20, 1902

In the name of God, Amen.  I Angelica LINDSEY of the County of Currituck and State of North Carolina, being of sound mind and disposing memory - my physical health being fair, but being advanced in years, and knowing the uncertainty of life, I do hereby make and declare this paper writing to be my last will and testament, revoking all other wills heretofore made by me, in manner and form as follows, to wit:

Item:  I give and bequeath unto my two sons, Alfred A. LINDSEY and Morris LINDSEY, all that tract of land bought of P.N. BRAY, Crawford Township Currituck County North Carolina, it being the tract of land the said P.N. BRAY bought of J.W. PERRY Norfolk Va., bounded as follows: on the North by W.O. WALKER's land; East by Pert Tatem & D. BELL C.T. SEARS' land, East by W.O. WALKER's, South by D. BELL & others, West by the Jasper JARD land - containing 408? acres more or less, to be equally divided between them, to them & their heirs and assigns, in fee simple forever.

Item:  I do give and bequeath unto my two sons Alfred A. LINDSEY and Morris LINDSEY, all of my chattel estate that I may have at the time of my death, of every kind and description, such as money, notes, bounds ["bonds" in first will], cattle, horses, sheep, hogs, farming implements, house hold & kitchen furniture and all other property that may be found on hand at my decease, to have & to hold unto them and their heirs absolutely forever.

I nominate and appoint my son Morris LINDSEY, executor to this my last will and testament.  In witness whereof I hereunto set my hand & seal this the 9th day of Oct. A.D. 1891.
    /s/ Angelica [her x mark] LINDSAY    Seal

The above writing was signed and acknowledged to be her act this 9th day of Oct. 1891 in the presence of the following witnesses.
    Jno. C. ETHERIDGE
    J.Y. GILBERT

State of Virginia County of Norfolk    to wit
    I L.P. IVES a notary public for the County aforesaid in the State of Virginia do certify that Jno. C. ETHERIDGE and J.Y. GILBERT whose names are signed to the writing above bearing date on the 9 day of October 1891, have acknowledged the same before me in my County aforesaid.  Given under my hand this the 13 day of January 1897.
    /s/ L.P. IVES, Notary Public
Let the same be recorded.

State of North Carolina}    In Supr. Court
     Currituck County    }
    A paper writing purporting to be the last will and testament of Angelica LINDSEY, deceased is exhibited before me the undersigned Clerk Supr. Court for said County by Morris LINDSEY one of the executors therein named.
    Thereupon G.W. WILLIAMS a credible person being duly sworn depose and says that S.C. SIMMONS one of the subscribing witnesses to said will is a non-resident of said state, that he is well acquainted with the hand writing of the said S.C. SIMMONS having often seen him write; that the name of the said S.C. SIMMONS subscribed as a witness to said will is, I verily believe, in his own proper handwriting.
    /s/ G.W. WILLIAMS    Seal
Sworn to & subscribed before me this 15th day of July 1901
    /s/ E.W. ANSELL  C.S.C.

State of North Carolina}
     Currituck County    }
    The execution of the foregoing instrument was this day proven before me by the oath and examination of Jno. C. ETHERIDGE & J.Y. GILBERT the subscribing witnesses thereto.  This the 12th day of Aug. 1901.
    /s/ W.L. WILSON, J.P.    Seal

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of Angelica LINDSEY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Morris LINDSEY the executor therein mentioned, and the due execution thereof by the said Angelica LINDSEY is proved by the oath and examination of E.M. WALKER one of the subscribing witnesses thereto, who, being duly sworn, doth depose and say, for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Angelica LINDSEY that the said Angelica LINDSEY in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears day of the 13th day of June 1884.
     And the deponent further saith, that the said Angelica LINDSEY the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator.  And this deponent further saith, that at the said time when the said testator subscribed her name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Angelica LINDSEY was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not.
     /s/ E.M. WALKER      Seal
Severally sworn and subscribed this 15th day of July 1901 before me
    /s/ E.W. ANSELL, Clerk Superior Court

APPLICATION FOR PROBATE OF WILL

  North Carolina    }    Before E.W. ANSELL, Clerk Superior Court
Currituck County  }    In the Matter of the Last Will of Angelica LINDSEY
    Morris LINDSEY being duly sworn, doth say:  That Angelica LINDSEY, late of said County, is dead, having first made and published her last will and testament; and that Morris LINDSEY is one of the executors named therein.
    Further, that the property of the said Angelica LINDSEY consisting of lands & chattel property is worth about $4000.00 so far as can be ascertained at the date of this application; and that Morris LINDSEY, Hickory, Va. and Alfred LINDSEY, Portsmouth, Va. (no minors) are the parties entitled under said will to the said property.
    /s/ Morries LINDSY
Sworn to and subscribed before me the 15th day of July 1901.
    /s/ E.W. ANSELL, Clerk Superior Court

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of Angelica LINDSEY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Morris LINDSEY the executor therein mentioned, and the due execution thereof by the said Angelica LINDSEY is proved by the oath and examination of Jno. C. ETHERIDGE one of the subscribing witnesses thereto, who, being duly sworn, doth depose and say, for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Angelica LINDSEY that the said Angelica LINDSEY in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears day of the 9th day of Oct. 1891.
     And the deponent further saith, that the said Angelica LINDSEY the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator.  And this deponent further saith, that at the said time when the said testator subscribed her name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Angelica LINDSEY was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not.
     /s/ J.C. ETHERIDGE      Seal
Severally sworn and subscribed this 15th day of Aug. 1901 before me
    /s/ E.W. ANSELL, Clerk Superior Court

PROBATE OF WILL WITH EXAMINATION OF WITNESSES THERETO

State of North Carolina    }    SS.  In the Superior Court
    Currituck County         }
     A paper writing purporting to be the last will and testament of Angelica LINDSEY, deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by Morris LINDSEY the executor therein mentioned, and the due execution thereof by the said Angelica LINDSEY is proved by the oath and examination of J.Y. GILBERT one of the subscribing witnesses thereto, who, being duly sworn, doth depose and say, for himself deposeth and saith that he is a subscribing witness to the paper writing now shown him purporting to be the last will and testament of Angelica LINDSEY that the said Angelica LINDSEY in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears day of the 9th day of Oct. 1891.
     And the deponent further saith, that the said Angelica LINDSEY the testator aforesaid, did, at the time of subscribing her name as aforesaid, declare the said paper writing so subscribed by her and exhibited, to be her last will and testament, and this deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto, and at the request and in the presence of said testator.  And this deponent further saith, that at the said time when the said testator subscribed her name to the said last will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said Angelica LINDSEY was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not.
     /s/ J.Y. GILBERT      Seal
Severally sworn and subscribed this 4th day of Sept. 1901 before me
    /s/ E.W. ANSELL, Clerk Superior Court

ORDER FOR PROBATE OF WILL

  North Carolina    }    In Superior Court before E.W. ANSELL, Clerk
Currituck County  }    In re Estate of Angelica LINDSEY, deceased

     A paper writing purporting to be the last will and testament of Angelica LINDSAY, decd., is exhibited in open court for probate by Morris LINDSAY, executor therein named, and the due execution thereof by the said Angelica LINDSAY, decd., having been duly proven by the oath and examination of Jno. C. ETHERIDGE and J.Y. GILBERT, subscribing witnesses thereto, and it is then shown to the satisfaction of the Court by said witnesses that the said Angelica LINDSAY was at the time of making said will of sound mind and memory, of full age to execute a will, and under no restraint to their knowledge, information or belief.
    It is thereupon considered, adjudged and decreed that said proof is sufficient and according to law and that said paper writing is and contains the last will & testament of Angelica LINDSAY, decd.  It is ordered that said will 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 Clerk of the Superior Court of said county.
Dated this the 20th day of June 1902.
     /s/ E.W. ANSELL, Clerk of Superior Court

[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!

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