Return to Currituck Co.
Currituck County Wills
Eliza B. Read
Feb. 19, 1902 Norfolk, Va. - July 26, 1907
Currituck Co. Will Book 5; pg. 371-376
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North Carolina }
Currituck County} In Superior Court
Whereas it has been suggested to me that Mrs. Eliza B. READ is dead having died in the City of Norfolk, State of Virginia and that said READ executed a paper writing purporting to be the last will and testament and that the witnesses to said paper writing are Mr. W.L. NORTHERN and Mrs. W.L. NORTHERN residents of Norfolk, Va. and said witnesses can not be had in the said County of Currituck, N.C. to prove the execution of said will.Now, therefore to Wm. T. SHANNONHOUSE Greeting:
We reposing special trust and confidence in your integrity I do hereby authorize and empower you to cause the said W.L. NORTHERN and Mrs. W.L. NORTHERN to appear before you as early as convenient at such time and place as you may appoint and them on oath to examine touching the execution of said will to the end that said will may be duly probated and recorded in the said State of North Carolina and the examinations by you taken together with the said will the same to transmit to the Clerk of the Superior Court of said Currituck County, North Carolina.
In testimony whereof the undersigned has hereunto set his hand and affixed the seal of his Office at Currituck in said County this the 10th day of July 1907.
/s/ E.W. ANSELL, Clerk Superior Court
The deposition of G.M. NORTHERN touching the execution of the will of Eliza B. READ deceased and taken before Wm. T. SHANNONHOUSE a commissioner duly appointed for the purpose pursuant to the annexed Commission of the Superior Court of Currituck County in the State of North Carolina bearing date on the 10th day of July 1907 at Norfolk in the State of Virginia this 18th day of July 1907. The said G.M. NORTHERN after having been duly sworn deposes and says
Q. What is your name age residence and occupation?
A. G.M. NORTHERN, wife of W.L. NORTHERN, 38 years, Norfolk Va., housekeeper.
Q. Look at this paper writing now shown you and hereto annexed purporting to be the of Eliza B. READ, and sTate whether the signature of G.M. NORTHERN thereto affixed as a witness is your signature and was made by you?
A. It is my signature and was made by me.
Q. Did Eliza B. READ sign that paper in your presence?
A. Yes she did.
Q. Did you sign that paper in her presence?
A. Yes I did.
Q. Did you and W.L. NORTHERN the other witness whose signature is affixed to that paper sign it in the presence of the said Eliza B. READ and in the presence of each other and at the same time?
A. Yes sir we did.
Q. Did the said Eliza B. READ tell you what the said paper was?
A. She read it to me and said it was her will.
Q. Was the said Eliza B. READ of sound mind and memory at the time the said paper writing was executed?
A. Yes sir she was.
Q. Was she under any restraint of any kind at that time to you knowledge?
A. No sir.
Q. Was the said Eliza B. READ more than twenty one years of age at that time?
A. O yes quite old.
Q. How long after the said paper writing or will was executed did the said Eliza B. READ live?
A. Two or three years, I don’t remember exactly.And further the deponent saith not.
/s/ G.M. NORTHERNSworn to and subscribed before me this 18th day of July 1907 in the City of Norfolk in the State of Virginia
/s/ Wm. T. SHANNONHOUSE Commissioner, Notary Public for the City and State aforesaidThe deposition of W.L. NORTHERN touching the execution of the will of Eliza B. READ deceased taken before Wm. T. SHANNONHOUSE a Commissioner duly appointed for the purpose pursuant to the annexed Commission of the Superior court of Currituck County in the State of North Carolina bearing date on the 10th day of July 1907. The said W.L. NORTHERN after having being duly sworn deposes and says:
Q. What is your name, age residence and occupation?
A. W.L. NORTHERN, 45 years, Norfolk, Va., Merchant tailor
Q. Look at the paper writing now shown you and hereto annexed purporting to be the of Eliza B. READ and state whether the signature of W.L. NORTHERN thereto affixed as a witness is your signature and was made by you?
A. It is my signature and was made by me.
Q. Did Eliza B. READ sign that paper in your presence?
A. Yes sir she did.
Q. Did you sign that paper in her presence?
A. Yes sir I did.
Q. Did you and G.M. NORTHERN the other witness whose signature is affixed to that paper sign it in the presence of the said Eliza B. READ and in the presence of each other and at the same time?
A. Yes Sir
Q. Did the said Eliza B. READ tell you what the said paper was?
A. Yes she told me it was her will.
Q. Was the said Eliza B. READ of sound mind and memory at the time the said paper writing was executed?
A. Yes sir so far as I know.
Q. Was she under any restraint of any kind at that time to your knowledge?
A. No sir.
Q. Was the said Eliza B. READ more than twenty one years of age at that time?
A. Yes
Q. How long after the said paper writing or will was executed did the said Eliza B. READ live?
A. I think two or three years.And further the deponent saith not.
/s/ W.L. NORTHERNSworn to and subscribed before me this 18th day of July 1907 in the City of Norfolk in the state of Virginia
/s/ Wm. T. SHANNONHOUSE, Commissioner, Notary Public for the City and State aforesaidI, Wm. T. SHANNONHOUSE, the Commissioner named and appointed in the annexed Commission (also a notary public in and for the City of Norfolk in the State of Virginia whose notary commission will expire on the 29th day of September 1907) do hereby certify that the evidence of the witnesses W.L. NORTHERN and G.M. (Mrs. W.L.) NORTHERN was taken down under oath and subscribed by them in my presence on the 18th day of July A.D. 1907 at No. 64 Tazwell Street in the City of Norfolk in the County of Norfolk, in the State of Virginia and that I have personal knowledge of the said witnesses, and I further certify that said witnesses were present at the taking of the said foregoing depositions touching the execution of the annexed will of Eliza B. READ deceased. Witness my hand and seal this 18th day of July in the year 1907, at Norfolk, Virginia.
/s/ Wm. T. SHANNONHOUSE, Commissioner (Also a notary Public in and for the City of Norfolk, State of Virginia aforesaid)
Knowing that my life is nearly done I Eliza B. READ of the City of Norfolk, State of Virginia being of sound mind and memory and understanding do here make and publish this my last will and testament.
I desire my executor here in after named to pay my just debts and burial expenses of the estate devised to me by my dear husband the late Dr. J.E. READ. I dispose of as follows:
First I give and bequeath to my daughter Sarah A. IVES all my personal property and all money due me after my debts are paid. Also all my rents & revenue from my farms accrueing in the year of my death.
2nd I give and bequeath to my Grand-son Joseph R. IVES all that piece and parcel of land called the Honee Farm bounded on the east and west by the public road running north & south bounded on the North by the land of Willoughby SIMONS on the south by the land of H.E. SIMMONS and Joshua DAVIS all deed entire with appurtainces thereof to him his heirs and assigns forever.
3rd I give and bequeath to my Grand-daughter Lydia E. IVES and to my grandson Earnest L. IVES all that piece and parcel of land belonging to me lying west of the road passing Cave? Church now called the New Ground. I give them share and share alike of the cleared field and woodland to b equally divided between them to them their heirs and assigns forever.
I give and bequeath to my Granddaughter Lydia E. IVES the piece of swamp lying in Princess Ann Co, Va. being joined on the west by the swamp owned by Wallace COX and running east is bounded by the lands to the heirs of Amaced SHIRLEY, to her her heirs and assigns forever.
I give to my Grandson Earnest L. IVES the piece of swamp land lying in Currituck Co., bought by Dr. J.E. READ from Geo. T. WALLACE, to him his heirs and assigns forever.
And I do hereby nominate and appoint my beloved Grandson Joseph R. IVES my sole executor without bond or surety of this my .
In witness whereof I Eliza B. READ the testatrix to this my Will have set my hand and seal this the 19th of February in the year of our Lord 1902.
/s/ Eliza B. READ sealSigned sealed published and declared by the above Eliza B. READ as her in the presents us who have hereunto subscribed our names at her request as witnesses in the presents of the said Eliza B. READ & each other.
W.L. NORTHERN seal
G.M. NORTHERN seal
State of North Carolina } In Superior
Court
Currituck County } Before
E.W. ANSELL, Clerk
In Re Estate of } Order for probate of Will
Eliza B. READ deceased
}
A paper writing purporting to be the last will
and testament of Eliza B.
READ dec’d is exhibited in open court for probate by Joseph R. IVES
executor therein named and it appearing to the court that the due execution
there of by the said Eliza B. READ dec’d is duly proven by the oath and
examination of W.L. NORTHERN and G.M. NORTHERN subscribing witness thereto and
it is further appearing to the satisfaction of the court that the said Eliza
B. READ 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 adjudge and decreed that said
proof is sufficient and according to law and that said paper writing is and
contains the last will and testament of Eliza B. READ dec’d.
And it is ordered that said will be admitted to probate
and recorded in the Book of Wills of Currituck and so such filed as provided by
law in the Office of the Clerk of Superior Court of said County. This 26th day of July 1907.
/s/
E.W. ANSELL, C.S.C.
This will was contributed by Judy Merrell Brickhouse. 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!
© 2011 Kay Midgett Sheppard
