Will Book II, page 29
Typed by Larry Heffner.
(Hard copy provided by Linda Fluharty.)
C. T. SCOTT TO Will
I, Charles T. Scott, of Grantsville, Calhoun County, West Virginia, do hereby make and declare my last will and testament as follows: Hereby revoking any and all former wills by me at any time heretofore made.
FIRST. I direct that as soon after my death as possible and practicable, all my just debts and funeral expenses be paid.
SECOND. I charge all my estate both real and personal with the support and maintenance of my mother, Martha Scott and of my wife, Anna B. Scott, so long as she shall remain my widow, such support for my mother to be for her natural life, and for my said wife to be during her life, or widowhood which ever shall sooner terminate.
THIRD. Subject to the above charges, I will, devise and bequeath to my infant son, Walter Tilton Scott, all the residue of my estate both real and personal, but in the event he shall die before he reaches his majority, then it is my will that all such residue shall vest equally and jointly in my brother, Jesse Scott and in my two sisters, Sadie Ball and Ida McCoy.
FOURTH. I nominate A. J. Ball, my brother-in-law, as the Executor of this will, and direct that if practicable my real estate shall be rented for the payment of my debts and the charges herein, but descretion is given to my said Executor to -ell and convey any of such real estate when in his judgment that same will enhance the the interests or value of my estate, granting unto him full and complete discretion as to that. In testimony whereof I have on this 10th day of August, 1898, set my hand and affixed my seal to this my last will and testament, and do hereby publish and declare the same as such, at my residence near the town of Grantsville, West Virginia, in the presence of S. C. Barr and J. M. Hamilton, who at my request will sign the same as witnesses.
Charls T. Scott, (Seal)
Signed, sealed, published and declared by the testator, Charles T. Scott, as and for his last will and testament, and we at his request and in his presence and in the presence of each other, do on this 10th day of August, 1898, at his residence near Grantsville, West Virginia, subscribe our names hereto as witnesses.
S. C. Barr
J. M. Hamilton
WEST VIRGINIA, TO-WIT:
In vacation of the County Court of Calhoun County, in the Clerk’s office of said Court, at the Court House thereof on Wednesday, May 6, 1908.
A paper writing, bearing date the 10th day of August, 1898, purporting to be the last will and testament of Charles T. Scott, 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. J. Ball, who was on the 4th day of May, 1908, appointed Administrator of the estate of the said Charles T. Scott, deceased, which will was bound by him subsequent to his said appointment, and thereupon came J. M. Hamilton, one of the subscribing witnesses to the said will, who being duly sworn, deposed that on the 10th day of August, 1898, that being the date of the said will and certificate thereto, the said testator, Charles T. Scott, signed, sealed, published and declared the said paper writing as and for his last will and testament in the presence of the witness, and of S. C. Barr, the other subscribing witness thereto, and that he the said J. M. Hamilton, and S. c. Barr, then and there at the request of the said Charles T. Scott, 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, and it was further proven by the said J. M. Hamilton and also by the evidence of J. T. Waldo, who was sworn for a witness for the purpose, that the said S. C. Barr is dead, and that each of the said witnesses were acquainted with his hand writing and signature, and that the signature of the said S. C. Barr to said writing is genuine, and in his own hand writing, and the said J. T. Waldo further deposed that on the said 10th day of August, 1898, the said testator was of sound mind and deposing memory, and above the age of 21 years. Whereupon the said writing is admitted to probate as the last will and testament of said Charles T. Scott, and it appearing by said will, that the said A. J. Ball is nominated as the Executor thereof, it is ordered that his appointment as Administrator aforesaid, be revoked. Whereupon the said A. J. Ball appeared and with S. W. McClung and A. Hardman as his sureties, executed a bond in the penalty of $7000. conditioned according to law, as the Executor of said will, which is approved and ordered to be allowed by the Court, and on motion of said Executor it is further ordered that J. T. Waldo, Howard Waldo and S. P. Bell, who were by the former order appointed appraisers of the personal estate of said decedent, do also appraise the real estate. Whereupon the said appraisers appeared and was sworn as the appraisers of the real and personal estate of said deceased.
Teste: S. W. McClung, Clerk.
A Copy Teste: S. W. McClung (signed), Clerk