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Currituck County Wills
Mary Virginia Moore
of Mississippi
Sept. 19, 1883 - Dec. 29, 1886
I, Mary Virginia MOORE formerly of the State of Mississippi but at present residing in the State of North Carolina do make, constitute, and declare this to be my last will and testament, hereby revoking all former wills by me made.
I give, devise and bequeath to my mother Mrs. M.F. MOORE all my property (now located in the State of Mississippi) both real and personal "lands, tenements and heraditaments" those? in action and moneys to her absolute use in "fee simple" forever.
I further give devise and bequeath to said Mrs. M.F. MOORE any interest or title I may in the future have in any species of property either by purchase or inheritance wherever located, to her unencumbered and absolute use.
I hereby constitute and appoint said Mrs. M.F. MOORE executrix without bond, of this will.
Each and every part is in my handwriting, signed by me this 19 day of September 1883.
/s/ Mary V. MOORE
State of North Carolina} In Superior Court
Currituck County } In Re. Probate of the will of Miss M.V. MOORE
The Court to John MOORE - L.H. BABB & wife Emma M. BABB - heirs at law of said M.V. MOORE
Take notice that the above named will has been produced by Mrs. Martha MOORE executrix for probate and you are hereby notified to appear at the office of the Superior Court Clerk of said County in ten days after service of this notice on you, and file objection to said probate, if any you have.
/s/ H.B. ANSELL, Clerk Superior Court Currituck Co.
by W.B. SHAW, Atty.
Jno. H. MOORE, Greenville, Miss. - Dec. 15/1886
E.M. BABB - Dec. 18th 1886
L.H. BABB - Dec. 18th, 1886 - Brandon, Miss.Dear Cousin Martha - I have just been unexpectedly called to Camden C.H. to a very important matter that cannot be delayed and have gotten Hal to take you to the courthouse. I have drawn all necessary papers and have written Mr. ANSELL full & explicit instructions so the whole matter can be attended to as well in my absence as if there. I have drawn an affidavit for you to sign and file but before doing so please complete the 4th clause by inserting the nature and value of Mary's property as well as you can. Give all the enclosed papers to Mr. ANSELL and he will make the paper record for you. It will be necessary for you to take a certified copy of the will to Mississippi with you and have it recorded in the county where Mary's property is located, but I will attend to that next Monday for you. I regret very much that I could not go today but as it will be just as well I was sure you would excuse me in an emergency.
Yrs. truly
/s/ W.B. SHAWDear Henry, [I'm assuming this is Henry B. Ansell he's writing to]
I am unexpectedly called to Camden C.H. today or I would be present to give personal attention to this will matter. However there is no real necessity for it since I have gotten every thing straight. Let Mrs. MOORE swear to the affidavit & application but before doing so let her fill up the 4th section as to nature & value of property (see Code 2153. See 2) Milton SNOWDEN and wife and Mrs. BAXTER will swear to the handwriting as signature of Mary MOORE, also that the paper was among her valuables and just before death she delivered it to Mrs. MOORE stating it was her will. This will be sufficient to probate upon under sec. 2148 paragraph 2. Vol. 1 Code. I also send notices sworn and accepted by her brother and sister. I signed the notice which is sufficient.
Know? sec 2149 Code you take the testimony in writing which with the notice & affidavit must be recorded with the will. See sec 2153 & 2149. Mrs. MOORE gives no bond and is suitable to qualify at once as executrix. I sent you the complaint and decrees?. Also ABBOTT's survey and account in the BAXTER land case - aid? you get it. I want to sell 1st Monday in February.
Yrs. truly
/s/ W.B. SHAW
Will be down on 1st Monday in Jan. WBSNorth Carolina } In the Superior Court
Currituck County}
A paper writing purporting to be the last will and testament of Miss Mary V. MOORE decd., without subscribing witnesses, with her name subscribed thereto, is exhibited before me, the undersigned Clerk of the Superior Court for said County by Mrs. M.F. MOORE, the mother of said deceased and executrix named therein, for probate and the execution of the same by the said Mary V. MOORE by the oath and examination of M.H. SNOWDEN, Mrs. Rosa A. SNOWDEN, and Mrs. M.D. BAXTER three credible persons touching the handwriting of the said Mary V. MOORE and the said paper writing dated 19th day of September 1883, being shown them, who being duly sworn doth depose and say and each for themselves deposeth and saith that they are well acquainted with the handwriting of the said Mary V. MOORE having often seen her write and they and each of them verily believe that the signature of the said Mary V. MOORE, and they further believe that the will and every part thereof are in the handwriting of the said Mary V. MOORE, and they further say that they believe that said handwriting is generally known to the business acquaintances of the said Mary V. MOORE. And the said M.H. SNOWDEN further sayeth that just prior to the death of said Mary V. MOORE and on her death bed she told him that she had just given her last will and testament to her mother M.F. MOORE for safe keeping** [see below]
They further deposeth and saith that said Mary V. MOORE at the date of making said will was of full age to execute the same. And firther these deponents sayeth not.
/s/ M.H. SNOWDEN
Rosa A. SNOWDEN
M.D. BAXTERSworn & subscribed to before me this Dec. 27th, 1886.
/s/ H.B. ANSELL, Clerk[this part was written vertically in the left-hand margin] ** And said deponents Mrs. M.D. BAXTER and Mrs. Rosa A. SNOWDEN, each for herself further sayeth that since the date of said will that said Mary V. MOORE did tell them that she had made a will and had given her property to her mother, the said M.F. MOORE.
Currituck County } Supr. Court
In Re. M.F. MOORE} Application for probate of will & letters testamentary
to }
The Court }
M.F. MOORE on affidavit represents to the Court
1st That Mary V. MOORE lately died in this county leaving the annexed paper writing as her last will and testament.
2nd That said will is without subscribing witnesses, but is entirely in the proper hand writing of the deceased and was deposited among her valuables until just before she died when she delivered the same to this affiant declaring the same to be her last will and testament.
3rd That in said will this affiant is named as executrix and sole legatee.
4th That said testatrix's property consists of some real estate and chattels in the State of Mississippi, the value of which I do not know but Ithinkrecond about one thousand dollars.
5th That John H. MOORE of Greenville, Mississippi and Emma BABB of Brandon, Mississippi, the brother & sister and your affiant, the mother of said deceased, are the only heirs at law of the deceased and the first two named have been duly served with notice of this proceeding and have accepted service on same, which said notice is herewith attached.
6th That affiant desires to have said paper writing admitted to probate and letters testamentary issued to her.
Wherefore she prays the court to hear testimony of three disinterested witnesses as to the execution of said paper writing and to probate and record the same. She further prays that letters testamentary be issued to her empowering her to execute said will.
/s/ W.B. SHAW, Atty for affiantM.F. MOORE makes oath that the facts set forth in the above affidavit are true to the best of her knowledge and belief.
/s/ M.F. MOORE
Sworn & subscribed to before me this Dec. 27th, 1886.
/s/ H.B. ANSELL, Clerk Superior CourtNorth Carolina }
Currituck County}
A paper writing without subscribing witnesses purporting to be the last will and testament of Miss Mary V. MOORE is offered by Mrs. M.F. MOORE the executrix named therein, for probate, and the said M.F. MOORE being duly sworn deposeth and saith that the said paper writing purporting to be the last will and testament of the said Mary V. MOORE, was deposited among the valuables of said Mary V. MOORE until just before her death when she delivered the same to the affiant declaring the same to be her last will and testament, and the said will being before said affiant she declared the same to be in the handwriting of the said Mary V. MOORE; AndM.H. SNOWDEN, Mrs. Rosa A. SNOWDEN and Mrs. M.D. BAXTERit is further proved by the oath and examination of these competent and credible witnesses to wit: M.H. SNOWDEN, Rosa A. SNOWDEN and Mrs. M.D. BAXTER, that they are acquainted with the handwriting of the said Mary V. MOORE, having often seen her write and verily believe that the name of the said Mary V. MOORE subscribed to the said will and the said will itself, and every part thereof is in the handwriting of the said Mary V. MOORE. And it is further proved by the three last named witnesses that the said handwriting is generally known to the business acquaintances of the said Mary V. MOORE. And it is further proven by M.H. SNOWDEN, one of the aforesaid witnesses, that just prior to death and in her death sickness that the said Mary V. MOORE told him that she had just given her last will and testament to her mother, M.F. MOORE for safe keeping; and it is further proven by the two other last named witnesses, Mrs. M.D. BAXTER and Mrs. Rosa A. SNOWDEN, that since the date of said will, that the said Mary V. MOORE did tell them, that she had made a will and had given her property to her mother, the said M.F. MOORE. And all three of said witnesses further say that at the date of the said will, the said Mary V. MOORE was of full age to make a will.
It is therefore considered by the Court that the said paper writing is the last will and testament of the said Mary V. MOORE and every part thereof and the same is ordered to be recorded and filed, together with the proof thereof. And thereupon it is further ordered that M.F. MOORE, the executrix named in said will be allowed to qualify as executrix as the law provides and enter upon the discharge of the duties imposed by said trust and let letters testamentary be granted her with will annexed after taking the oath prescribed by law. This December the 29th day, 1886.
/s/ H.B. ANSELL, Clerk of the Superior Court of Currituck County, North CarolinaSaid Executrix, Mrs. M.F. MOORE, thereupon qualified as the law directs and letters testamentary granted her with will annexed.
/s/ H.B. ANSELL, ClerkProbated & Recorded Dec. 29, 1886 in Will Book 5; pages 143 to 147 inclusive
[NOTE: Cemetery records reveal that Mary V. Moore was born Oct. 16, 1855 and died Nov. 25, 1886. Her mother, Martha Moore (wife of Charles A. Moore and daughter of John & Adelia Ferebee Humphries) was born Dec. 13, 1829 and died Aug. 21, 1890. Both are buried in the Baxter Cemetery at Shawboro, N.C.]
[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
