THE WILL OF HENRY CHURCH

Will Book II, page 38

Submitted by Linda Fluharty.

     I, -----, of White Pine, Calhoun County, State of West Virginia, being of sound mind and memory, do make, publish and declare this to be my last will and testament, to-wit: FIRST. All my debts and funeral expenses shall be first fully paid.

SECOND. All my personal property of all kinds shall remain in possession of my wife, Martha Ann Church, so long as she remains my widow, or until her death, she is to remain on the farm if she so desires.

THIRD. I give devise and bequeath all my real estate lying West of the following line of division: BEGINNING at a stone in the road, corner on line between the Weekly land and my own, thence with the County road as it now is, to a stone, corner in the road opposite a Walnut tree that stands on the East side of the creek, near the mouth of a run on west side of creek, thence to said Walnut tree, thence to a spring by a ledge of rocks, thence with middle of creek to line of J. L. Kelley's; to my daughter Daisy M. Whipkey.

FOURTH. I give devise and bequeath all my real estate lying on East of said line and road, to my daughter Ida May Whipkey.

FIFTH. I, give, devise and bequeath to each of my other two daughters (or their heirs) Mary Anabelle Johnson and Catherine Maria Thomas fifty dollars each, one-half of which is to be paid by Daisy M. Whipkey and the other half by Ida May Whipkey.

SIXTH. All my oil, gas coal or other mineral rights of which I die possessed, shall be divided equally between all four of my daughters or their heirs, should either be dead.

SEVENTH. I nominate and appoint my son-in-law "Abe" Whipkey to be executor of this my last will and testament.

IN witness whereof I have hereunto set my hand and seal, this the 11 day of Nov., 1905.

X ----- (no signature) (Seal)

Signed, sealed, published and declared as and for his last will and testament by the above named testator, in our presence, who have at his request and in his presence, and in the presence of each other signed our names as witnesses thereto.

X ----- (no signature) (Seal)
X ----- (no signature) (Seal)

This codicil made this the 29 day of Nov., 1910, items second and third are hereby revoked, and in their stead, I give the property mentioned in same to my daughter Ida May Whipkey, who is to perform the conditions as set out in section 5 of above writing. SECOND. I give to my Nephew George E. Whipkey, son of Daisy M. Whipkey, two hundred dollars, to be paid by Ida M. Whipkey, when he said George E. Whipkey becomes twenty one years of age. THIRD. Item seven is hereby revoked and I appoint A. R. Whipkey as my executor of this my last will and testament. In witness whereof I have this day set my hands & seal.

Henry Church, (Seal)

Signed, sealed and published as the last will of the above named testator in our presence who have at his request, in his presence and in the presence of each other, signed our names as witnesses.

C. O. Stidd, (Seal)
R. L. Whipkey, (Seal)
November 29, 1910

MEMO. By clerk. the words, "Henry Church", "Henry Church", "W. H. Ayers" and "M. J. Ayers" are erased, and the words "thence to said Walnut tree" are interlined in the foregoing will.

WEST VIRGINIA, TO-WIT:
     In vacation of the County Court of Calhoun County, in the Clerk's office of said court at the Courth House thereof on Thursday, December 15th, 1910.

     A paper writing bearing date the 11th day of November, 1905, and the 29 day of November, 1910, purporting to be the last will and testament of Henry Church, deceased, who had a known place of residence in said County, wherein he died, was this day presented for probate to the undersigned Clerk of said Court in vacation of said Court by A. R. Whipkey, in whose custody the said will was left by the said decedent, and thereupon came C. O. Still and R. L. Whipkey, the subscribing witnesses to the said will, who being duly sworn deposed that on the 11th day of November, 1905, and the 29th day of November, 1910, that being the dates of the said will and certificates thereto, the said testator, Henry Church signed, sealed, published and declared the said paper writing as and for his last will and testament of said Henry Church, and in his presence and in the presence of each other, signed the said writing and certificate thereto as subscribing witnesses, and that at the time aforesaid, the said testator was of sound mind and above the age of 21 years, whereupon the said writing is admitted to probate as the last will and testament of said Henry Church, and it appearing by said will that the said A. H. Whipkey is nominated as the Executor thereof, whereupon the said A. R. Whipkey is nominated as the Executor thereof, whereupon the said A. R. Whipkey appeared together with W. H. Ayers as his surety and executed a bond in the penalty of $500, conditioned according to law, as the executor of said will, which is approved and ordered to be confirmed by the court.

     It is further ordered that M. H. Knight, J. L. Kelley and J. G. West, be and they are hereby appointed appraisers of the said estate, who after being duly sworn shall appraise the same according to law.

teste: S. W. McClung, Clerk,
By S. T. Waldo, Deputy.

A Copy Teste:
S. W. McClung, Clerk,
By I. T. Waldo, Deputy


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