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Currituck County Wills
Levi Walker
May 10, 1859 - Aug. Term 1860
Currituck Co. Will Book 4 ; pg. 237-239
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State of North Carolina
Currituck CountyI Levi WALKER of the County & State aforesaid being at this time in tolerable health and of sound disposing mind and memory and desiring to dispose of a portion of my property with which the giver of all good has seen proper to bless me with do now make publish and declare my last will and testament to be as follows that is to say.
Item 1st I give and bequeath unto my son Nathan L. WALKER such part and share of my personal estate or property as he would be entitled to were I to die intestate except that in the division or allotment of such part or share to him my negro man Jack now in his possession be allotted to him at a fair valuation to be ascertained by proper commissioners appointed by the County Court of Currituck.
Item 2nd I give and bequeath unto my said son Nathan L. WALKER all the share and portion of my personal estate or property to which my daughter Caroline wife of W.W. WALKER would be entitled in case I were to die intestate and do hereby direct that my negro man Lant or Lancelot now in the possession of said W.W. WALKER be allotted to him as a part of this share or lot at a fair valuation such valuation to be ascertained by commissioners to be appointed by the County Court of Currituck which lot share and portion of my personal estate when so allotted I do direct and enjoin my said son Nathan L. WALKER to hold for the sole and separate use and benefit of my said daughter Caroline for and during the full and term of the natural life of said W.W. WALKER he my said son paying over for the use and benefit of my said daughter the annual profits arising from such share of my estate during the joint lives of my said daughter and her said husband. If the said Caroline shall survive her said husband then that my said son shall convey and deliver to said Caroline all said share bequeathed to him in this clause of my will free and discharged of any other or further trusts or conditions immediately after the death of her said husband. But if the said W.W. WALKER should survive his said wife then that the said Nathan L. WALKER shall deliver and convey to such children of my said daughter Caroline as may be living at her death equally to be divided between them the said share or property so to be held by him for my said daughter.
Item 3rd I give and bequeath unto my said son Nathan L. WALKER such share and portion of my personal estate or property as my daughter Emiline wife of James M. DAVENPORT would be entitled to in case I were to die intestate and in the allotment of the same I do hereby direct that my negro man March now in the possession of James M. DAVENPORT be set apart to him in this lot or share at a fair valuation which shall be ascertained by Commissioners appointed by the County Court of Currituck County which said lot part and share of my personal estate when so allotted and divided I do direct my said son Nathan L. WALKER to hold for the sole and separate use and benefit of my said daughter Emiline DAVENPORT for and during the joint lives of herself and her said husband the annual profits arising from such share so to be set apart to him shall be paid by my said son for the sole use and benefit of my said daughter. But if my said daughter annually or as she may require. If my said daughter Emiline shall survive her said husband then my said son Nathan L. WALKER shall convey and deliver over to her all the property or estate so to be held in trust for her by him but if my said daughter Emiline shall die before the death of her said husband then my said son shall convey and deliver all such property or estate so to be held in trust by him for my said daughter Emiline to such children of the said Emiline as she may leave at her death the same equally to be divided them.
Item 4th I give and bequeath unto my daughter Eliza A. WALKER such a share and portion of my personal property and estate as she would be entitled to by law were I to die intestate to be
equallylayed off to her by Commissioners appointed as is usually by the county Court of Currituck.Item 5th If either one or more of the children of my daughters Emiline or Caroline shall die before the death of their Mother (that is the Mothers of such child or children so dying) and such child or children so dying shall leave issue then my will is and I so do direct that such issue shall represent the parent of such issue and receive in the division of the property to be held in trust by my said son Nathan L. as provided herein as the parent of such issue would be entitled to receive if living by virtue of the third and fourt? items of this my will.
Item 6th In the division of my personal property I desire and I do hereby direct that my negro boy Sampson be allotted & set apart to my daughter Eliza A. WALKER and that he be valued in the same way as those to my other daughters & my son.
Item 7th I give and bequeath unto Levi, Wilson, and Martha Frances TAYLOR and to such other children as may hereafter be borned unto Benjamin F. TAYLOR my negro man Stephun the same now in the possession of the said B.F. TAYLOR.
Lastly I nominate and appoint my son Nathan L. WALKER executor of this my last will and testament having full confidence that he will truly and faithfully execute the trusts herein confided in him.
In testimony whereof I do subscribe the foregoing my last will and testament this the 10th day of May 1859.
/s/ Levi WALKER seal
Signed sealed published and declared to be the last will and testament by Levi WALKER in our presence who were requested by him to subscribe the same & do now subscribe the same in his presence as witnesses
B. C. WILKINS
G.W. BROOKSSee minute docket for probate August Term 1860
Recorded J.W. BAXTER, CCC
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
