Will of Samuel Curtis

The last will and testament of Mr. Samuel Curtice of Wilkes County and State of North Carolina. In the name of the Holy Trinity, Amen.

To wit, First I will and bequeath out my estate to the children of my daughter Sara one dollar and no more.

Second, I give and bequeath to my daughter Edith Roan an equal part of my estate when divided amongst my six lawful heirs not counting my daughter named above, but I direct that my executor shall retain out of the part coming to my said daughter Edith Roan for the benefit of my said six lawful heirs the sum of thirty eight dollars and fifty cents heretofore advanced to her and to her husband and to her oldest son which is due me by account. Also that one note I hold on her son Alfred Curtice dated 4th day of October, 1849 for twenty-five dollars with the interest thereon to be retained also on note. Another note due me from the said Alfred Curtice dated about the year 1846 for about the sum of fourteen dollars also be retained with interest out of the part of my said daughter Edith Roan.

Third, I give and direct that as to the part of my estate to go to the children of my son Wm [William] Curtice deceased which is one of my six lawful heirs referred to above that first my executor shall retain out of his part of my estate which will be going to his children which are now all minors those several notes due me from the Wm [William] Curtice deceased to wit one note for ninety seven dollars and seventy three cents dated the 16th day of January 1844 due at one day. Also one note for forty five dollars dated May 25, 1841 due at one day. Also one note for ten dollars dated July the 25 1842 due at one day together with the interest due on said notes at the time of final division of my estate to be retained out of said share of my estate going to the said children for the benefit of my estate. I further will and direct my executor hereafter named Hezekiah Curtice to retain out of my estate which will be going under this will to the children of my said son Wm [William] Curtice deceased in his own hand and for his own use whatever sum or sums may be and remain due to him the said H. Curtice from the estate of my son Wm [William] Curtice deceased as will cost and interest as principal and more especially a debt due from the said Wm [William] Curtice deceased the principal of said debt was at first about one hundred and fifty dollars then the balance of my estate which may be going, if any, to be paid over for the benefit of said children of my son Wm [William] Curtice deceased.

Fourth, My further will is that my executor shall pay over to Alfred Curtice out of this will sum that may be found due and coming to my daughter Edith Roan and her husband John Roan a sum equal one prorata with the number of children which my said daughter Edith Roan may have living at the time of division him the said Alfred Curtice deceased included. (Note: The word deceased is probably wrong)

Fifth, My further will is at my decease (?) that my executor shall proceed to sell all the property belonging to my estate provided my children then living cannot agree upon a division of my assets (?) upon such time as he may in his judgement think best and take good bond and security for the same and collect all debts due me and pay all such just debts as may chance to owe, and shall as soon as may be consistent with the interest of my estate thereafter made an equal distribution of my estate among my six lawful heirs subject however to the foregoing provisions, restrictions, and limitations, that is to say my daughter Susanah Pinnel, Jas [James] Curtice, Joshua Curtice, Edith Roan, Wm [William] Curtice, now deceased, and Hezekiah Curtice.

Sixth, Now I the said Saml [Samuel] Curtice being of sound and disposing mind and memory do humbly make, publish and declare this to be my last will and testament,

Seventh, Having full confidence in the honesty and ability of my beloved son Hezekiah Curtice of Wilkes County, North Carolina I do hereby constitute and appoint him my executor to carry into effect this my last will and testament.

In testimony whereof I have hereunto set my hand and seal this the 21st day of September A.D. 1850.


Jas [James] Calloway Jurat Samuel X Curtice
J. Gwyn mark
North Carolina Wilkes County

May Term 1853

The execution of the within will was duly proven in open court by Jas [James] Calloway one of the subscribing witnesses thereto and ordered to be recorded

and the executioner H. Curtice was duly sworn. This will was transcribed by Jerry L. Curtis on October 21, 1986. Words that were unclear are followed by a ?. Abbreviations are written as transcribed with the best guess following in brackets. The term "jurat" is approximately "one sworn before". The name Curtice was spelled phonetically since Mr. Curtis was illiterate. Also the will was not read carefully by the writer because the writer was so accustomed to writing deceased after Wm Curtis that he wrote it after Alfred Curtice.

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