THE WILL OF EMMARETTA MACE

Will Book I, pages 78-79

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

In the name of God; Amen:
I Emmaretta Mace of Spence, Roane County, W.Va, do make this my last Will and Testament.

First, I direct that at my decease, my body shall be decently buried and that the expenses therefore shall be paid out of my personal property and the { }of my personal property. I give and bequeath to my husband W. H. Mace;

Secondly, I give and bequeath to my husband W. H. Mace, all that tract or parcel of land lying in the County of Calhoun and State of W.Va. Conveyed to me by J. M. Hamilton, commissioner, on the 14th day of August 18__, by deed of that date, recorded in the office of the Clerk of the County Court of Calhoun County, in Deed book No. 18 pages 411 & 412; also that tract or parcel of two acres of land conveyed to Angeline Mace by George Mace, by deed dated on the 9th day of December 1893, and recorded in the office of the County Clerk of Calhoun County in Deed book No. 18, pages 297 and 298, and since conveyed to me.

Also my undivided three-eights interest in the tract of 50 acres conveyed to me by J. M. Hamilton, Commisioner, as aforesaid and { }in the deed herein before referred to.

Thirdly, I appoint W. H. Mace, my husband, executor of this my last Will and Testament; And I hereby revoke all former Wills and Codicils heretofore made by me. Witness my hand this 14th day of December, 1894.
Emmaretta Mace

Signed, published and acknowledged by Emmaretta Mace as and for her last will and testament, in the presence of us, who in her presence and in the presence of each other, have here unto subscribed our names as Witnesses.
M. W. Kidd
Della Roach

West Virginia, Roane County Court Clerks office May 9, 1894.
In vacation of the County and Circuit Courts of said County. In the matter of hearing proof and admitting to probate, a paper-writing bearing a date on the 14th day of December 1894, purporting to be the last will and testament of Emmaretta Mace, died late of said county.

This day W. H. Mace presented to the undersigned authority, the said paper-writing, and requested that the same be proven and admitted to probate as and for the last will and testament of Emmaretta Mace, deceased; and there came M. W. Kidd and Della Roach, whose names are signed to said paper-writing as attesting Witnesses thereof, and being duly sworn, upon their oaths testify as follows; That they were each present and saw Emmaretta Mace sign her name to said paper-writing, and that she declared and acknowledged said paper-writing to be her last will and testament, and at her request, and in her presence, and in the presence of each other they signed their names to said paper-writing as subscribing Witnesses thereto, on consideration Whereof, and there appearing no objections or exceptions thereto, It is ordered that said paper-writing be admitted to probate and recorded as and for the last will and testament of said Emmaretta Mace deceased and B. G. Stump, Ed Corder and Galen Jones are hereby appointed appraisers, whose duty it shall be, after being duly sworn, to proceed to appraise all the personal effects, that may be produced to them, that said Emmaretta Mace died seized or possessed of; and G. W. Price, O. W. Powell, and P. F. McKee are hereby appointed appraisers, whose duty it shall be, after being duly sworn, do proceed and appraise all the real estate situate and being in the County of Calhoun and State of West Virginia. That Emmaretta Mace, late of Roane County, died seized or possessed of.

And it appearing from said Will, that W. H. Mace is named as the executor thereof, and being requested to file his bond, there came the said W. H. Mace, together with Angeline Mace and Jardu Lewis, his sureties who entered into, signed and acknowledged a bond, before the undersigned authority, in a { } of one thousand dollars, conditioned according to law, which said bond, having been seen and inspected, the same is approved and ordered to be filed and recorded and there came the said W. H. Mace, who took the several oaths of office requited by law and he is now duly authorized to enter { } the discharge of the duties of his said office or trust. Given under my hand this 9th day of May 1895.
G. W. Hundley Clerk
Roane County Court

West Virginia, Roane County Court, Clerks office, May 9th 1895. This day the foregoing will, with the order committing the same to probate, was duly admitted to record in said office.
Attest: G. W. Hundley Clerk

State of West Virginia, County of Roane to wit: I G. W. Hundley, Clerk of the County Court of the said County of Roane and State of West Virginia do certify that the foregoing is a true copy from the records in my office of the last will and testament, with the order admitting the same to probate, of Emmaretta Mace, deceased, late of this county. In Witness Whereof, I have hereunto set my hand this the 10th day of May 1895.
G. W. Hundley Clerk Roane
County Court West Virginia

West Virginia Calhoun County Court Clerks office June 7th 1895. This instrument of writing was this day received by me in said office and thereupon duly admitted to record.
Teste: L. H. Trippett, Clerk


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