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Currituck County Wills
Elinor D. McClanen
No date on will - October 9, 1885
State of North Carolina}
Currituck County }I Elinor D. McClanen of the aforesaid County and State being of sound mind and disposing memory but considering the uncertainty of my earthly existence, do make and declare this my last will and testament:
First my executor hereinafter named, shall give my body a decent burial and pay all just debts out of the first moneys which may come into his hands belonging to my estate.
Second. I give and devise and bequeath unto my beloved Grand Daughter Maggie L. SAWYER all of my property, real, personal and mixed --except that I give and bequeath unto my Grand children of the body of W.B. McCLANEN, dec'd, Thomas McCLANEN, William McCLANEN and Margaret McCLANEN one dollar each to be paid by my executor out of any moneys belonging to my estate.
Third. I hereby nominate, constitute and appoint my friend Wm. H. BRAY my lawful executor to all intents & purposes to execute this my last will and testament hereby revoking and declaring utterly void all other wills and testaments by me heretofore made and I hereby authorize and empower my said executor to sell at public or private sale all of the real estate that I now own according to his discretion and the proceeds therefrom after paying all of my just debts to go to my said Grand Daughter Margret L. SAWYER as aforesaid.
/s/Seal
Signed, sealed, published and declared in the presence of us who at her request and in her presence do subscribe our names as witnesses thereto.
Witness
William B. MORSE
Lovey BASTER
State of North Carolina}
Currituck County }
A paper writing purporting to be the last will and testament of Elinor D. McCLANEN is exhibited in open Court for probate by W.H. BRAY, executor therein named and the due execution the same duly proven by the oath and examination of Lovey BAXTER and Wm. B. MORSE, subscribing witnesses thereto and it appearing that the said testatrix was of full age to make a will, of sound disposing mind and memory and under no undue influence or restraint.
It is therefore ordered adjudged and decreed that the said paper writing and every part thereof is the last will and testament of the said Elenor D. McCLANEN and the same is ordered recorded & filed. This October 9th 1885.
/s/ H.B. ANSELL Clerk Superior CourtPROBATE OF WILL
State of North Carolina} ss. In the Probate Court
Currituck County }
A paper writing purporting to be the last will and testament of Elenor MACLANEN deceased, is exhibited before me, the undersigned, Judge of Probate for said County, by Wm. H. BRAY the executor therein mentioned, and the due execution thereof by the said Elenor MACLANEN is proved by the oath and examination of William B. MORSE & Lovey BAXTER the subscribing witnesses thereto: who, being duly sworn, doth depose and say, and each 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 Elenor MACLANEN; that the said Elenor MACLANEN, in the presence of this deponent, subscribed her name at the end of said paper writing, now shown as aforesaid, and which bears no date but do say that it was executed the 17th day of September 1885 which was omitted we believe through mistake by the ______ thereof.
And the deponent further saith, that the said Elenor McCLANEN 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 Elenor McCLANEN 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/ Lovey Baxter Seal
/s/ William B. MORSE Seal
Severally sworn and subscribed this 9th day of October 1885 before me.
/s/ H.B. ANSELL, Probate JudgeEXECUTOR'S OATH
State of North Carolina} SS. In the Probate Court
Currituck County }
I, Wm. H. BRAY, do solemnly swear (or affirm) that I believe this writing to be and contain the last will and testament of Elenor D. McCLANNEN deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
/s/ Wm. H. BRAY
Sworn and subscribed before me, this 16th day of October 1885.
/s/ H.B. ANSELL Probate Judge[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!
© 2006 Kay Midgett Sheppard
