Nelson Poyner
Oct. 14, 1876 - July 3, 1893

I the Said Nelson POYNER of the County of Currituck and the state of North Carolina being of sound mind and memory but Considering the uncertainty of my Earthly existence do make and declaire this my Last Will and testament in maner and form Following that is to say:
First that my execatrix hereinafter named shall Provide for my Body a decent Burial suitable to the wishes of my Relations and friends and Pay all funeral expences with all Just Debts howsoever and whomsoever owing out of the monieys that may first Come into his hands as a part or Parcell of my Estat.

item I give and devise to my Beloved son all the Lands that I hold and Possess in the Fore said County to him and his heirs in fee simple For Ever. I al so give my son one mayor Bay Colt twelve months old and Cart and gun to have and to hold him and his heirs in fee simple For Ever.  I lend to my son Benj my sorrell mayor untill the younger is three yrs old From date.  I also give my Eldest Daughter Edline Five Dollars to have and to hold she and her heirs in Fee simple For Ever.  my Will and Desire is that all the Residue of my Estate after Taking out the Devices and legacies above mentioned and the Debts owing to me colected if there should Be any surplus over and above the Payments of Debts and Expences and legacies that such surplus shall be Equely Divided and Paid over to July and Hellon and like wise my House hold and Kitchen Furniture hogs and Cattle to Bee Equaly Divided Between my Daughters July and hellon and Lastly I do hereby Constitute and appoint my son Benj my Lawful Executor to all intents and Purposes to Execute this my last Will and Testament according to the true intent and meaning of the same and Every Part and Clause There of here by revking and Declareing utterly void all other Wills and Testaments By me here to fore made.

in Witness where of I the said Nelson POYNER Do here unto set my hand and seal this Oct the 14^th Day of 1876
    /s/ NELSON [his x mark] POYNER     seal

signed sealed Published and Declaired By the said Nelson POYNER to bee his Last Will and testament in the Presence of us who at his request and in his Presence Do subscribe our names as witnesses there to

Witness    B.D. TAYLOR
Witness    John W. KENDLEY

  North Carolina }    In the Probate Court
Currituck County}   Before H.B. ANSELL, Clerk
    A paper writing purporting to be the last will and testament of Nelson POYNER deceased with B.D. TAYLOR and John W. KENDLEY subscribing witnesses thereto, is exhibited before me, the undersigned Clerk of the Superior Court for said County, for probate by B.D. TAYLOR, (in whose care it was left for safe keeping by Nelson POYNER aforesaid) and in the presence of Benjamin POYNER the executor therein named, and the due execution thereof by the said Nelson POYNER is proved by the oath and examination of B.D. TAYLOR, one of the subscribing witnesses to the said paper shown him deposeth and saith that the said paper writing so shown him that the said Nelson POYNER in the presence of this deponent and in the presence of John W. KENDLEY the other subscribing witness who is now dead, subscribed his name at the end of said paper writing as aforesaid and declared it to be his last will and testament and at the testators request and in his presence signed the same as witnesses thereto, and that the said testator was of sound mind and memory and of full age to make a will and under no restraint to the knowledge information or belief of this deponent.  And it is further proved upon the oath of B.D. TAYLOR and W.S. BALLANCE being duly sworn depose and say, that John W. KENDLEY, the other subscribing witness is dead, that they are well acquainted with the handwriting of the said John W. KENDLEY subscribed as a witness to said will.  BALLANCE verily believes and TAYLOR knows it to be in the handwriting of the said John W. KENDLEY.  Now therefore it is considered by the court that the said paper writing and every part thereof is the last will and testament of the said Nelson POYNER and the same is ordered to be recorded & filed.  This 3^d day of July 1893.
    B.D. TAYLOR
    W.S. BALLANCE

Sworn & subscribed to before me this 3^d day of July 1893
    /s/ H.B. ANSELL    Clerk Supr. 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!

© 2006 Kay Midgett Sheppard