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Here is another Capps Will.
HAPPY HOLIDAY SEASON!!! Nancy J. Capps, Fayetteville, NC
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This information is NOT for commercial Use: It is freeley given with that
stipulation.
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WILL OF MALACHI CAPPS, CURRITUCK COUNTY, NORTH CAROLINA
Malachi Capps
Oct. 4, 1803; Dec. 22, 1803
Currituck County, N.C. Will Book 2, p. 232
In the name of God Amen. I, MALACHI CAPPS, of the State of North Carolina
and County of Currituck, being sick and weak in bodyly health, but of
perfect mind and memory, Thanks be to God for it, calling unto mind the
mortality of men and knowing its appointed unto all men once to die and after
death to judgement. Do make and ordain this my Last Will and Testament, first
of all I give my soul to the Lord who gave it and my body to be burried in a
christian like manner by my executors and as touching of my worldly estate I
give it in manner and form as follows viz.
Items I give and bequeath to my four children namely JULIAN CAPPS, TALLY
CAPPS, ISAIAH CAPPS, and SALLEY CAPPS all of my estate to be equally divided
amongst them by first selling of it and dividing the money arising therefrom
after my lawful debts being paid by my executor from the amount of sale and
if either of the before mentioned children should die under age or any number
of them for that or their share of the before mentioned estate to go to them
that survive die.
I also constitute and appoint my friend MALACHI JONES my hole and sole
executor to this my Last Will and Testament in witness whereof I have caused
my seal to be affixed and assigned the above this fourth day of October 1803.
MALACHI CAPPS Seal
(his mark)
signed sealed in the presence of us
M. JONES jurat
ANDREW BRAY
Recorded and examined the 22 day of Dec. Anno Dom 1803