Return to Dare County

North Carolina
  Dare County

I, W.B. Tillett, of the County of Dare, State of North Carolina, being of sound mind and body, but realizing the uncertainty of my earthly existence, do hereby make and declare this my last Will and testament, hereby revoking and declaring utterly void all other wills, heretofore made by me:

First : My executor hereinafter named, shall give my body a decent burial and pay all the funeral and burial expenses out of the first moneys that may come into his hands belonging to my estate.

Second:  I give, devise, and bequeath unto my beloved son, J.B. Tillett, all my interest, right and title, whether a partial interest or outright in and to all ferries, boats, equipment, fishing boats, and fishing equipment, franchise and other rights relative to the ferry business, used owned and operated in connection with the Oregon Inlet ferry, or otherwise, and elsewhere, to have and to hold unto the said J.B. Tillett, his heirs and assigns, in fee simple.

Third:  I give, devise, and bequeath unto my beloved wife, Mary Tillett, the Sixty Five acre home tract and home in the village of Wanchese, N.C. for the term of her natural life, after the death of my said wife, I hereby give, devise and bequeath the said Sixty Five acre home tract and home at Wanchese, N.C. to my children hereinafter named in the next clause of this my last will and I direct that the said home tract shall be divided in equal portions between my said Children and their heirs and legal representatives, in that if any of my Children shall be deceased at the time of my death or at the time of the termination of the life estate hereinbefore bequeathed to my wife then the same of such child or children shall take between them only the share which their parent would have been entitled to if living; provided however that the portion of my said homestead tract upon which the homestead is intrusted shall be given and awarded to my son Lee Chester Tillett, his heirs and assigns in fee simple.  It is my desire and direction that my said Children and their heirs and assigns in making the aforesaid division shall each execute and deliver to the other deeds in fee simple for the shares of each in the said homestead tract.  If however there shall be disagreement among them as to the portion of the said tract to be awarded to any one of my said Children or their legal representative then my executor hereinafter named shall make such distribution and the determination of my executor shall be final both as to the value of the said portion and the description and portions to be awarded to any of the said devisees.

Fourth:  I give, devise and bequeath unto my beloved children namely, Sadie Daniels, J.B. Tillett, T.D. Tillett, Dola T. Daniels, Martha J. Owens, Brucie P. Vanderslice, Hiram G. Tillett, Lee Chester Tillett, my Hog Island tract of land containing Twenty Six acres more or less, their heirs and assigns in fee simple.

Fifth:  If any of my children, grandchildren, or any of the beneficiaries, devisees, or legatees under this will shall contest the validity of this my last will and testament or attempt to vacate the same or to alter or change any of the provisions thereof, or any part or clause of the same, he, she, or they, shall thereby forfeit any and all benefits and interest in my estate and all rights and interests under this my last will and testament or any clause or part thereof, and the interest, devise and legacy of each person or persons whether under a specific devise or under the residuary clause thereof, shall go, and I do hereby give, bequeath and devise his, her, or their interest to my other heirs at law or devisees hereunder who consent to this will and defend the validity hereof, share and share alike, in fee simple.

Sixth:  I hereby give, devise and bequeath the remainder and residue of my estate, both real and personal, of whatever kind and nature wheresoever situated, to my heirs at law, in fee simple.

Seventh:  I hereby constitute and appoint my beloved son J.B. Tillett, my lawful executor to all intents and purposes, to serve without bond, to execute this my last will and testament, according to the true intent and meaning of the same, and every part and clause thereof hereby revoking and declaring utterly null and void all other wills and testaments by me heretofore made.

In Witness Whereof, I the said W.B. Tillett, do hereunto set my hand and seal, this the 2^nd day of April, 1940.
    /s/ W.B. Tillett     (Seal)

Signed, sealed, published and declared by the said W.B. Tillett to be his last will and testament in the presence of us, who, at his request and in the presence, and in the presence of each other, do subscribe our names as witnesses thereto.
    O.H. Daniels
    H.G. Hayman
    Edna D. Hayman
        Witnesses

State of North Carolina        In The Superior Court
         Dare County
    A paper writing purporting to be the last Will and Testament of  W.B. Tillett deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by J.B. Tillett the executor therein mentioned, and the due execution thereof by the said W.B. Tillett is proved by the oath and examination of O.H. Daniels and Edna D. Hayman, the subscribing witness 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 W.B. Tillett; that the said W.B. Tillett in the presence of this deponent, subscribed his name at the end of said paper writing, which is now shown as aforesaid, and which bears date of the 2^nd day of April, 1940.
    And This Deponent Further Saith, That the said W.B. Tillett the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be his 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 the deponent further saith that at the same time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of the deponent’s subscribing his name as attesting witness thereto, as aforesaid, the said W.B. Tillett 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.
    O.H. Daniels
    Edna D. Hayman

Severally sworn and subscribed, this 12^th day of March, 1947, before me.
    C.S. Meekins, Clerk Superior Court

North Carolina         In The Superior Court
 Dare County
    It is therefore considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of W.B. Tillett, deceased.  Let said Will, together with the probate, be recorded and filed.  This 12^th day of March, 1947.
    C.S. Meekins, Clerk Superior Court

NOTE:  William Brinkley Tillett, the youngest child of Thomas E. Tillett and Sophia Frances Daniels, was born at Wanchese, NC on Oct. 30, 1875 and died Jan. 24, 1947.  He is buried in the Tillett Cemetery in Wanchese. [see his tombstone here]  He married Mary Jane Winn in Manteo, NC on Jan. 14, 1894 and to them were born eight children:
    1)  Sadie Ray Tillett (1894-1973); married Willard Otho "Willie" Daniels, Sr.
    2)  Jennings Bryan "Toby" Tillett (1896-1958); married Zeta Edris Daniels
    3)  Thomas Dewey Tillett (1898-1971); married Ethel Sanford Hayman
    4)  Dola Leston Tillett (1900-1995); married Paul McLearon Daniels
    5)  Martha J. "Mattie" Tillett (1901-1992); married Graydon F. "Grady" Owens
    6)  Brucie P. Tillett (1903-1969); married Reuben Haistand Vanderslice
    7)  Hiram Gregory "Sam" Tillett (1907-1974); married Theresa D. Wescott
    8)  Lee Chester Tillett (1912-1984); married Mary Florine Crank