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City of Norfolk
Book 4, page 355 (Tyrrell County)
Dated 6 January 1903
In the name of God, Amem; I B. M. Batchelder of the City of Norfolk, Virginia do hereby make this my last Will and Testament, hereby revoking all former wills made by me.
Item - I direct my executor herein after named to place a suitable gravestone at my grave as early as convenient after my death and to pay all my debts and proper funeral expenses.
Item - I give to Mrs. Mary M. Chowning formerly wife of my son D. C. Batchelder the house and lot of land on the corner of Fairfax and Manteo Avenues in Norfolk City Va. Where I now reside, also the furniture therein and Two Thousand Dollars in Cash.
Item - I direct the residue of my estate, after that above devised to be equally divided among my son B. F. Batchelder, his two daughters Blanche Batchelder and Lillie E. Batchelder, my grandson James M. Batchelder who is the son of D. C. Batchelder, and Jessie B. Whitehurst and May B. Whitehurst children of my deceased daughter E. E. Batchelder, who was the wife of R. W. Whitehurst, giving to each of the said six persons B. F. Batchelder, Blanche Batchelder, Lillie E. Batchelder, James M. Batchelder, Jessie B. Whitehurst and May B. Whitehurst, one sixth of the residue of my estate remaining after amounts devised on the first and second clauses above.
Lastly - I hereby appoint my son B. F. Batchelder executor of this my last Will and Testament, and authorize him to make sale of all my estate both real and personal devised to the said B. F. Batchelder, Blanche Batchelder, Lillie E. Batchelder, James M. Batchelder, Jessie B. Whitehurst and May B. Whitehurst either privately or at public auction, which ever mode of disposing of the same, will in his judgement realize the largest amount of money for the devisees, and from time to time as he makes sale of said property to divide the same equally among said six devisees. I direct him to wind up the affairs of my estate and make the proper division of the proceeds if possible within five years after my death. I request the Court to allow my said executor B. F. Batchelder to qualify on my estate without giving security.
In witness whereof, I B. M. Batchelder, the said testor, have hereunto set my name and seal this sixth day of January in the year nineteen hundred and three.
B. M. Batchelder (Seal)
Signed sealed, published and declared by B. M. Batchelder, the testator, as and for his last Will and Testament in the presence of us, all three witnesses present at the same time, who at his request and in his presence and in the presence of each other unto subscribed our names as attesting witnesses.
C. Preston Denby
Virginia
The last Will and Testament of B. M. Batchelder (late of this city) deceased, was this day produced in Court by B. F. Batchelder the executor therein named, and fully proved by C. Preston Denby, Wm. H. Collins and Edward Spalding, the three subscribing witnesses thereto, and ordered to be recorded.
And on the motion of said B. F. Batchelder, the executor as foresaid, who took the oath required by law and entered into and acknowledged a bond in the penalty of one hundred thousand ($100,000.00) dollars, conditioned according to law without security, the said Will directing that none should be required, certificate is granted to him for obtaining a Probate of said Will in due form.
And it is recorded that the said bond be recorded.
Teste: James V. Treby, Clerk of Court
State of Virginia
I James Treby, Clerk of Court of the Corporation Court of the said City of Norfolk and State of Virginia, do hereby certify that the foregoing and annexed copy of the last Will and Testament of B. M. Batchelder, deceased is a true abstract from the Records of said Court.
In Testimony whereof, I have here unto set my hand and affixed the seal of said Court, at my office, this 30th day of June A.D. 1917, in the 141st year of the Commonwealth of Virginia
James V. Treby
Wm. H. Collins
Edward Spalding
Corporation Court of the City of Norfolk
23rd day of April 1903.
By H. W. Wills, D. C.
City of Norfolk, To wit:
Clerk
(Court Seal)
State of Virginia
City of Norfolk, To wit:
I, Allan R. Hanckel Judge of the Corporation Court of the said City of Norfolk, do certify that James V. Treby, who hath given the preceding Certificate is Clerk of the said Court and that his said attestation is in due form.
Given under my hand this 30th day of June A. D. 1917
Allan R. Hanckel
Judge of the Corporation Court
Of the said City of Norfolk
North Carolina
Tyrrell County
Superior Court
It appearing to the satisfaction of the Court from the exemplification of the record hereinafter mentioned, that the last Will and Testament of B. M. Batchelder deceased, a citizen of the City of Norfolk and State of Virginia has been duly proved and allowed in the proper court of probate of said City and State and it further appearing that the said B. M. Batchelder left property in the county of Tyrrell and the State of North Carolina. It is therefore ordered and adjudged that the exemplification of said will and its probate in the proper court of the City of Norfolk and State of Virginia which has been produced and exhibited here duly certified and authenticated be allowed, filed and recorded in this court.
This 5th day of July, 1917
W. N. Norman
Clerk, Superior Court
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