Will Book II, page 31
Submitted by Linda Fluharty.
I, James Lewis Elliott, of Hartley, in the County of Calhoun, and State of West Virginia, being of sound mind, memory and understanding, do make my last will and testament in manner and form following: I give, devise and bequeath to my wife, Octava, all my property, goods and chattles real and personal, moneys, notes and bonds and every thing whatsoever to me belonging, to have and to hold to sell and convey as she choses, but whatever portion of the above remains in its present form or is derived from the sale or conveyance of the same, at the death of my wife, Octava, shall be divided as follows: FIRST. One hundred dollars to be paid to my daughter, Mary Jane Kelley for the reason of her remaining at home longer with us, after this the remainder shall be divided equally among my five children, if living at that time, and if dead, then their share to be divided equally among their legal heirs. The name: of my five children being as follows: William Hamilton Elliott, Alice May Wilson, Mary Jane Kelley, Anna Roberts Maze and Celestine Shimer, deceased. I hereby appoint ----- Executor of this my last will and testament. In witness whereof, I James Lewis Elliott, the testator, have to this my last will and testament, set my hand and seal, this 2nd day of Jan., A.D., 1907
J. L. Elliott, (seal)
Signed, sealed, published and declared by the above named James Lewis Elliott, as and for his last will and testament in the presence of us, who have hereunto subscribed our names at his request, as witnesses thereto, in presence of the said testator and of each other.
W. R. Busch, Hartley,
Blanche Busch, Hartley, W.Va.
G. W. Frederick, Hartley, W.Va.
WEST VIRGINIA, TO-WIT:
In vacation of the County Counrt of Calhoun County, in the Clerk's office of said Court, at the Court House thereof, on Saturday, August 8th, 1908.
A paper writing purporting to be the last will and testament of James Lewis Elliott, who had a known place of residence in the County of Calhoun, and died therein, was this day presented in this office for probate by W. R. Busch, one of the subscribing witnesses threton, in whose custody the said paper was left by the testator for safe keeping, which said writing bears date on the second day of January, 1907, and thereupon came W. R. Busch an G. W. Frederick, two of the subscribing witnesses to the said writing, who being duly sworn, proved that on the said 2nd day of January, 1907, the said James Lewis Elliott signed, sealed, published and declared the said writing as and for his last will and testament of the said witnesses and of Blanch Busch, the other subscribing witness thereto, and that they and the said Blanche Busch, at the request of the said testator, and in his presence, and in the presence of each other on the day aforesaid, subscribed their names as witnesses, and at the time said testator signed, sealed and published the said writing as his will he was of sound mind and disposing memory, and over the age of 21 years, and it being further proven that the said testator is dead, and at the time of his death he had a known place of residence in this County. The said writing is now admitted to probate as and for his last will and testament.
Teste: S. W. McClung, Clerk
A copy Teste: S. W. McClung, Clerk.