THE WILL OF W. W. BAILEY

Will Book I, pages 84-88

Typed by Larry Heffner.
(Hard copy provided by Linda Fluharty.)

Know all men by these presents, that I, W. W. Bailey, of Balas, in the County of Calhoun, and State of West Virginia, being in ill health, but of sound and disposing mind, do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made. And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to wit:

First my will is that all my just debts and funeral expenses shall by my executor hereinafter named be paid out of my estate as soon after my decease as shall by him be found convenient { }. I give, devise and bequeath to my beloved wife, Lucinda Bailey, all my house farm situated on the waters of Fink, a tributary of Beech in Washington District of Calhoun County, and State of West Virginia, containing 147 ˝ acres, more or less, except a tract of 27 acres more or less situated on Mary’s fork of Fink, and bounded and described as follows, to wit:

Beginning on a stone on the N. E. side of Mary’s fork, thence north 72 E. thirty p. to a stone, N44E. 14 p. to a stone on S.W. side of said fork, N. 81E. 14 p. to a stone on Jacob Douglass’ line, Thence with same N. 14 ˝ W. 100 p. to four Hickories and C. oak, W. 25 P. to a locust, thence S. 68N. 28 p. to a Hickory, South 41W. 12 p. to four chestnuts S.20- p. to a Hickory, S.10E. 26 p. to a pine, S. 51E. 22 p. to a small W. oak, S.23E.28 p. to the beginning, which shall go to - into the possession of Phoeba Brannon to have possession of said land as soon as present occupant gives possession of same said Phoeba Brannon, is to pay to Lucinda Bailey, my wife, the sum of ($10.oo) ten dollars on the 1st day of November, in each year of her Natural life from the date of this will, This being her share of my estate. An failure to comply with the payment of said ($10.00) Ten dollars, said Phoeba Brannon, forfeits all right to possession of said land until the death of Lucinda Bailey. At the death of Lucinda Bailey I desire the remainder of my house farm to be divided among the heirs of Nancy A. Siers, deceased, namely, to Berley Siers, a tract of land, described as follows: lying on the waters of Fink, in Washington District, in Calhoun County, and State of W.Va. Beginning on a stake corner to grave yard lot and lot number three, thence S.42W 72 p. to a Black oak, S.48W. 19 ˝ p. to a chestnut, S.26E. 36 p. to a C. oak, N.60E. 92 p. to twin W.O. on road, thence with same N.33W. 58      p. to a N.O. North 56W. 7 ˝ - to beginning, containing 26 acres, more or less. To James Siers a tract of land described as follows; Lying in Washington District, in the County of Calhoun, State of W.Va., and part of the house farm;

Beginning on a stone on the N.E. side of Mary’s fork of Buck, beginning corner to Lot No. one, thence S.51W. 50 p. to stone in the road by the lick, thence with the road S.6E. 10 p. thence S.22E. 16 p. S.34E. 14 p S.46E. 18 p. S.54E. 32 p. to stake corner to grave yard lot. Thence with two lines of same N.51E. 10 p. to a stake, S.57E. 2 p. to a stake in the line of Albert Bailey’s land, thence with same, N.5E 60 p. to a B.O. N.58E. 12 p. to a small B.O. S.76E. 20 p. to a pine Douglass’s corner, thence with one line of same, N.14 ˝ W. 62 p. to a stone corner to lot No. 1, and, with three lines of same, S.81W. 14 p. to a stone, S.44W. 14 p. to a stone, S72W. 30 p. to the beginning, containing 38 acres more or less.

W. W. (his mark) Bailey

(The Will continued)

To Nettie Siers a tract of land described as follows: Lying in Washington District, Calhoun County, and State of W.Va., and being a part of the home farm, Beginning on a stake corner to grave yard lot and lot No. 2, thence S.42W. 72 - to a Black oak, S48W. 19 ˝ - to a Chestnut, South 58W. 36 p. to a G{ }, N.48W. 25 p. to a Locust, N.11E. 28 p. to a Locust, S.87 1/2E. 34 p. to a dead W.O. N.47E. 57 p. to a stone, N.34W 50 p. to a stone, N.59E. 14 p. to a mulberry on the road - with said road S.46E 9 p., S.54E. 33 ˝ - to beginning, containing 25 acres, more or less. And the remainder of the house farm to Zadie Siers, I also give and bequeath to Lucinda Bailey, my wife, all my Household furniture, books, farm implements, Horses, Cattle except one young horse and one young cow, which I give to my Grand daughter Zadie Siers, sheep and Hogs, notes, judgments and accounts, monies, watches, saddles, saddle - pockets, Harness, and all my interests in grains that are now on said farm, Wheat, Corn, - etc. All the rest and residue of my estate, real, personal and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, I give, devise, and bequeath to my wife, Lucinda Bailey. And lastly I do nominate and appoint Bee Hopkins to be executor of his my last Will and testament. In testimony whereof I, the said W. W. Bailey, have to this my last will and testament, contained on two sheets of paper and to every sheet thereof subscribed my name, and to this the last sheet thereof I have subscribed my name and fixed my seal this 19th day of October, in the year of our Lord (1897) Eighteen hundred and ninety seven. The young horse given to Zadie Siers is known as the Ad Lawry colt, and the young cow is the one raised by Zadie Siers. The personal property and all others excepting real estate, to be disposed of at the death of Lucinda Bailey as she wills, and property willed to Zadie Siers is to be controlled by Lucinda Bailey until said Zadie Siers becomes of age.

Signed W.W. (his mark) Bailey (seal)

Signed, sealed and published and disclosed by the said W.W. Bailey as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.

C.L. Truman, Stinson
Calhoun Co. WVa
Hester T. Hays
Glenville, WVa

West Virginia to-wit:
In vacation of the County of Calhoun County, in the clerk’s office of said court, on the 4th day of December, 1897.

A paper writing purporting to be the last will and testament of W. W. Bailey, who at the time of his decease had a known place of residence in the County of Calhoun, bearing date on the 19th day of October, 1897, and written upon two sheets of paper, each of which is subscribed by the said W. W. Bailey, by his mark and which said will is signed by C. L. Truman of Stinson, Calhoun County, West Virginia, and Hester T. Hays of Glenville, West Virginia, as subscribing witnesses thereto, was this day presented in this office, in vacation of the County Court of Calhoun County, by Bee Hopkins, the executor therein named, for probate, and thereupon came the said C.L. Truman, one of the subscribing witnesses, thereto and who being by me first duly sworn, deposed that the said paper writing was by the said testator, W. W. Bailey, on the said 19th day of October, 1897, in the presence of the said deponent and of the said Hester T. Hays signed, sealed, published and declared as and for his last will and testament, and that the said deponent and the said Hester T. Hays, at the request of the said testator and his presence and in the presence of each other, did on the said 19th day of October, 1897, sign the same as witnesses thereto and that at the time of so publishing and declaring the same to be his last will and testament, the said W. W. Bailey was of sound and disposing mind and memory and it being shown to the undersigned Clerk, that the said Hester T. Hays the other subscribing witness to said will is a resident of the town of Glenville, Gilmer County, West Virginia, and is unable from sickness to attend before the said Clerk, as a witness to prove the same. It is therefore ordered that the deposition of the said Hester T. Hays, be taken before Calhoun Hays, a justice of the Peace, for the said County of Gilmer, resident at the said town of Glenville, and to whom the said will with a copy of the order thereto attached is this day transmitted by registered mail a copy of such will having been made and filed by the undersigned clerk in his office, with a copy of this order thereto attached before the same is transmitted to the said Justice as aforesaid. The said deposition shall be taken and certified as depositions in other cases are taken and certified, and shall be returned to the said clerk, by registered mail and no person having made himself a party to the proceeding, for probating said will for the purpose of opposing the said probate, no notice of the time and place for taking said deposition is required. Given under my hand, this the 4th day of December, 1897.

Teste: L. H. Trippett, clerk

State of West Virginia, County of Gilmer, to-wit:
The Deposition of Hester T. Hays taken before the undersigned, a Justice of the Peace of the County of Gilmer, on the 10 day of December, 1897, to be read upon an application pending before the clerk of the County Court of Calhoun County, West Virginia, made by Bee Hopkins, the Executor therein named, to probate a paper writing purporting to be the last will and testament of W. W. Bailey, deceased, which said writing bears date on the 19th day of October, 1897 and is written on two sheets of paper, each of which is signed by the said W. w. Bailey by his mark. To which paper writing the names of C. L. Truman and of the said Hester T. Hays are signed as subscribing witnesses and which said paper writing together with the order of the said Clerk, providing for and directing the taking of this deposition, before the undersigned has been received by the undersigned, from the said Clerk, by registered mail and the same together with the said order is now attached to this deposition. Thereupon came the said Hester T. Hays, a witness of Lawful age, and well known to the undersigned Justice and who being first duly sworn, deposes and says, as follows:

I reside in the town of Glenville, Gilmer County, West Virginia, and my age is 27 years. I have examined the paper writing now in the hands of the Justice before whom this deposition is taken and which purports to be the last will and testament of W. W. Bailey, deceased, written on two sheets of paper to each of which is subscribed the name of said. W. W. Bailey by his mark, bearing date on the 19th day of October, 1897 and to which is subscribed the names of C. L. Truman and myself as attending witnesses and upon inspection of said paper, do depose and testify that on the 19th day of October, 1897, the said W. W. Bailey, at his residence in the County of Calhoun, in the presence of myself and of the said C. L. Truman, signed, sealed, published and declared the said paper writing as and for his last will and testament and the said C. L. Truman, and myself in the presence of the said testator and in the presence of each other and at the request of the said testator, subscribed the same as attesting witnesses, and I further testify that at the time of so publishing the said paper to be his last will and testament, the said W. W. Bailey was of sound and deposing mind and memory and further this deponent sayeth not.

Hester T. Hays

State of West Virginia, Gilmer county, to wit:
I, Calhoun Hays, a Justice of the Peace of said County, do certify that the foregoing Deposition of Hester T. Hays has been this day taken, subscribed and sworn to before me, at my office in the town of Glenville, Gilmer County, West Virginia, and that this deposition has been attached to the paper writing, therein refered to as the last will and testament of W. W. Bailey, deceased, and being the same paper exhibited to the witness upon the taking of such deposition and this deposition, together with the said will and the order of the Clerk thereto attached, providing for the taking of deposition, is by me transmitted by registered mail, on this day to the Clerk of the County Court of Calhoun County, at Grantsville, West Virginia. Given under my hand this 10th day of December, 1897.

Calhoun Hays      Justice Glenville District, Gilmer County, West Virginia

In vacation of the County Court of Calhoun County, in the clerks office of said court on Saturday, December 10th 1897.

Upon the application by Bee Hopkins, the Executor therein named to probate a paper, purporting the last will and testament of W. W. Bailey, deceased. Calhoun Hays a Justice of the Peace for he County of Gilmer, before, whom in pursuance of an order entered in this proceeding on the 4th day of December, 1897, was taken the deposition of Hester T. Hays, one of the subscribing witnesses to said paper writing, on the 10th day of December, 1897, this day returned by registered mail to this office the said paper writing, together with the order to take said deposition and the said deposition, thereto attached, and it appearing by the said deposition, that the said W. W. Bailey on the 19th day of October 1897, at his residence in the County of Calhoun, in the presence of the said Hester T. Hays and of C. L. Truman the other subscribing witness thereto signed, sealed, published and declared the said paper writing as and for his last will and testament, and that the said Hester T. Hays and the C. L. Truman, at the request of the said testator and in his presence and in the presence of each other, did sign the same as subscribing & attesting witnesses and at the time of so publishing and declareing the said writing to be his last will and testament the said W. W. Bailey was of sound and disposing mind and memory. Whereupon on consideration of the said deposition and of the evidence of the said C. L. Truman heretofore taken, the said paper writing is admitted to probate as and for the last will and testament of W. W. Bailey, deceased.

Teste: L. H. Trippett, clerk


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