Will Book I, pages 90-91

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

In the name of God; Amen;

I, E.B. Criss of Big Bend in the County of Calhoun and State of West Virginia, do make, publish and declare the following as and for my last will and testament, hereby revoking any and all former wills by me at any time heretofore made. First I desire that as soon after my decease as possible and practicable, all my just debts and funeral expenses be paid. Second. I give and devise unto my wife Harriet V. Criss, one full one third share of all the real and personal estate of which I may die seized, to be owned and held by her absolutely as he own and not by way of dours, which provision is made for her in lieu of the dours and others rights she should have in my estate were I to die in testate.

Third I give and devise all the residue of my estate, both real and personal to my daughter Sarah L. Ferrell but it is provided that in the partition of my estate under the provisions hereof the share of my said wife shall be as laid off as to include the dwelling house now occupied by me together with the out houses, barn and garden and my said wife shall be also entitled, during her life to take necessary timber for fire wood and fencing off of the woods land, although such woods land may fall to the share of my said daughter.

I nominate and appoint my friend Lemuel H. Trippett as the executor of this testament, be witness whereof I have on this 18th day of November 1894 signed my name and affixed my seal to this my last will and testament, at the law offices of L____ & Hamilton at Grantsville, Calhoun County, West Virginia.

E. B. Criss (seal)

Signed, sealed, published and declared by the testator E.B. Criss in our presence as and for his last will and Testament and we at his request and in his presence and in he presence of each other, do hereby subscribe our names as witnesses at the offices of { } & Hamilton at Grantsville Calhoun County, West Virginia, on this 13th day of November 1894.

J. P. Knight (seal)
C. J. Blackshire (seal)
J. M. Hamilton (seal)

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 Saturday the 20th April, 1898.

A paper writing purporting to be the last will and testament of E. B. Criss, who had a known place of residence in the County of Calhoun, and who died therein, was this day presented in this office by J. M. Hamilton one of the subscribing witnesses thereto and thereinfor came L. H. Trippett, the Executor therein { } and { } that the same be admitted to probate and also came J. P. Knight, C. J. Blackshire and J. M. Hamilton, whose names appear as witnesses to said writing and each of said witnesses being duly sworn, deposes; the testator E. B. Criss on the 18th day of November 1894, signed, sealed, published and declared the said paper writing as and for his last will and testament, in the presence of the said three subscribing witnesses and that the said Witnesses there and there, to wit: - At the law offices of { } & Hamilton at Grantsville, Calhoun County, West Virginia, on the 13th day of Nov, 1894, at the request of the said testator and in his presence and in the presence of each other, signed the said Will as witnesses thereto and at that time, the said testator, was over the age of 21 years and of sound mind and disposing memory and the said J. M. Hamilton, further says that after the said will was published and declared as aforesaid and signed by the said Witnesses aforesaid, the { } was by the said E. B. Criss, left in the hands of him the said Hamilton, for safe keeping and that it has been in his custody and control from that time until presented to the Clerk of the County Court of said County for probate, at the { } of { } in interest, and thereupon the said proper writing is committed to probate as and for the { }last will and testament of the said E. B. Criss, deceased. And therefore, J. P. Knight, O. P. Bourn, and Robert Cooper, are hereby appointed appraisers of the Personal Estate of the said E. B. Criss, deceased, who after being duly sworn as required by law, shall appraise the personal Estate of the said decedent .

Teste: L. H. Trippett Clerk