THE WILL OF WILLIAM BARR

Will Book I, pages 95-97

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

In the name of God: Amen;
I, William Barr of the county of Calhoun and State of West Virginia, being of infirm health, but of sound mind and disposing memory, do hereby make, publish and declare my last will and testament in the terms following, hereby revoking any and all former wills by me at any time heretofore made.

First, I will and desire that so soon after my decease as practicable all my just debts and funeral expenses be paid by my Executor hereinafter named.

Second. I will and devise that as soon as convenient and practicable after my decease my executor shall make sale either at public or private sale as shall be most expeditious for the estate, of all my property, both real and personal, selling the real estate for cash in hand and the personal property upon six months credit, taking notes with good security therefore, unless the purchases after sale made, shall elect to pay cash in had for any article purchased, in which event the executor shall receive - Wm. Barr - the money in lieu of notes.

I also devise that my Executor shall collect all outstanding indebtedness due and owing to me which with the proceeds of the sales of the same estate and personal Estate aforesaid shall constitute a fund to be distributed as hereinafter set forth after the payment of my debts and funeral expense.

Third, I will, devise and bequeath unto my dear wife Rachel Barr the sum of Fifteen Hundred Dollars, To my daughters Marrietta Sharps, Emma Wilson, and Narcissa Hardman, each the sum of five hundred dollars. To A. J. Barr, Jr. the infant child of my deceased Son A. J. Barr, the sum of two hundred dollars. To my son John Barr, to be held for his use and support as hereinafter set forth, the sum of five hundred dollars: To my son S. C. Barr and to my daughter Theodocia Marshall and to my son Levi J. Barr each the sum of one hundred dollars, which several bequests to these are not reduced by lack of affection for them, but for the reason that I have heretofore provided for them in excess of what has been done for - Wm. Barr - my other children herein named and provided for.

The bequests herein before made have been made upon the hypothesis that the fund to be realized and distributed hereinunder, will after payment of debts and expenses of settlement amount to four thousand dollars and I hereby provide that if such net sum shall exceed or fall short of that sum, then the distribution share of each devisee shall be increased or decreased ratably.

I further direct that the distribution share bequeathed to my son John, whom I do not believe to - mentally capable of handling funds, remain in the hands of my executor to be invested by him from time to time with its accruing interest so as to realize as large a sum as possible for him, when he shall become helpless and need the same for his support, but discretion in this respect is given to my executor, and if any thing shall remain of the fund at the death of my said son John, the same shall go to his legal heirs or representatives.

I desire that my estate shall be closed as speedily as practicable and - Wm Barr - consistent with good business principles and that the { } devised herein made be paid to the persons entitled thereto.

I nominate Allen Hardman, my son-in-law, to be the executor of the will and ask that such nomination be confirmed by the proper Authorities.

In testimony whereof I have hereunto sit my hand and seal and do hereby on this 28th day of October 1899 at my residence on Philips run in the County of Calhoun in the presence of W.T.H. Dye, J.P. Switzer, A.C. Blair and J.M. Hamilton, publish and declare this paper, written on one sheet of paper, to each page of which I have affixed my name as and for my true last will and testament.

Wm. Barr (seal)

Signed, sealed, published and declared by the testator William Barr, as and for his last will and testament, in our presence, at his residence on Philips run in Calhoun County, and we at his request and in his presence and in the presence of each other did on this 28th day of October 1899 subscribe the same as Witnesses
W.H.H. Dye, MD
J. P. Swisher
A.C. Blair
J.M. Hamilton

West Virginia to wit: In vacation of the County Court of Calhoun County, in the Clerks Office of said court, at the court house thereof on Monday November 13th 1899 A paper writing having date on the 28th day of October 1899, purporting to be the last will and testament of William Barr deceased, who has a known place of residence in said County, wherein he died, was this day presented for probate to the undersigned Clerk of said County Court, in vacation of said court by Rachel Barr, the Widow of the said William Barr and one of the devisees named in said Will and thereupon came W.J.H. Dye, A.C. Blair and J.M. Hamilton, three of the subscribing witnesses to the said paper writing and who after being duly sworn proved that at the time of the execution of said will, the said William Barr the testator was of sound mind and disposing memory and over the age of 21 years; that he signed the said will in their presence and published and declared the same, as and for his true last will and testament, and that they at the same time, at his request and in his presence and in the presence of each other and of J.P. Switzer another witness thereto, subscribed their names to the said will as witnesses. Whereupon the said will is hereby duly admitted to probate as the true last will and testament of the said William Barr, deceased.

Teste: L. H. Trippett, Clerk

West Virginia to wit:
In vacation of the County Court of Calhoun County in the Clerks Office of said Court at the Court House thereof on Wednesday November 15th 1899. Allen Hardman; who is named as Executor in the last will and testament of William Barr, deceased, and being required to file his bond as such Executor, this day appeared before the undersigned clerk, in said Clerks Office, in vacation of said Court, { } with Geo. W. Hardman, his surety, also her present, entered into - and acknowledged a bond in the penalty of $6000, conditioned according to law and payable to the State of West Virginia, which bond is accepted as sufficient and is hereby approved. Where upon the said Allen Hardman took the oath prescribed by law as such Executor.

It is ordered that J. R. Stump, Jesse C. Gainer and S. P. Bell, be and are hereby appointed appraisers of the Estate, both real and personal of William Barr, deceased, whose duty it shall be, after being duly sworn, to proceed to appraise all the Personal Effects of the said William Barr deceased, and all the Real Estate owned by him at the time of his death, situate in Calhoun County, West Virginia.

Teste: L. H. Trippett, Clerk


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