Will Book I, pages 73-75
Typed by Larry Heffner.
(Hard copy provided by Linda Fluharty.)
I, Harrison W. Heironimous (now) of Davis, West Va., this 28th day of July, 1890, do make this my last will, I give and devise my estate and property real and personal as follows, that is to say;
Clause 1. I will my just debts paid and the funeral expenses & doctor bill of any including tomb stones of 6 in. fine marble - well planted at a cost not exceeding 60$ each not to be put up until 6 mo after burial.
Clause 2. I give to my (afflicted) wife Mary J. the one third (1/3) of all my estate, real and personal to have and hold as her own separate and distinct property, having made other and ample arrangements for her support for life as will appear by deed of Conveyance to S. M. Heironimous of record in Taylor Co., W.Va., for house and lot in Webster.
Clause 3. I will that the proceeds arising from the policy on my life in New York Life Ins. Co., no. ____ for 1,000 $ as soon as collected shall be by and through my estate be applied and disbursed & paid out as follows. A debt of 200$ I owe Miss Annie C. Novel of Norfolk, Va., a niece of mine, it being a balance in my hand due her from the estate of Thomas S. Woods estate. I will my wife paid her 1/3 out of the same as soon as collected, out of the same function and direct that Rose M. Butter wife of S. H. Butter be paid 100$ one hundred dollars, niece of mine now living at Harrisonburg, Virginia, and I further will and direct that Mary F. Glenn, sister of Rose Butter be paid out of the same fund $50$) fifty dollars. She’s the wife of ____ Glenn of Broadway, Rockingham County, Va. I further will and direct that (200) two hundred of same fund be set apart and held to defray funeral and other incidental expenses if any should be. I will and direct that Homer Heironimous son of George H. Heironimous of Bloomery, Hampshire Co., W. Va., be paid out of same fund (50$) fifty dollars to assist in completion of his education for the ministry, it is my desire and intention that my executor be prompt in paying the legatees of this insurance fund.
Clause 4. I have 323 acres of land in Calhoun County which I direct to be sold either public or private sale in whole or part as in judgment of executor may be but for the interest of the estate. A part of said land is now under contract of sale. A part to one John Rafferty and a part to A. S. Stump nothing has been paid by either on the land. I will that the 323 “land of” acres of land in Calhoun County be sold if the sale now made be not confirmed, my executor take possession of and sell the land, hold parties liable for damages for timber taken under contract of sale and non-performance of contract, the net proceeds arriving from sale of the land shall be held as a separate fund, and the net proceeds when realized by dividend equal share & share between and to the following legatees, to wit: To my sister Rose A. Heironimous one fourth, to my brother S. M. Heironimous, one fourth, to my nephew T. Whitfield Heironimous one fourth, to my niece Fannie Hewil Heironimous daughter of my brother Joel H. one fourth net proceeds. In the event of my sisters death before mine then her interest shall be paid to T. Whitfield Heironimous extra to his share. I hereby constitute and appoint Stewart M. Heironimous my executor and respectfully ask and hope the Court will not require security of him, I vest him with full power to collect all debts of every character due me from any and every source and pay the money over as promptly as possible to proper recipients under this will. I further will and direct that all the balance of my estate of every kind be converted into cash as a separate fund as soon as practicable and the net proceeds be paid to Mary J. Heironimous wife of S. M. Heironimous. And to Margaret A. Gold daughter of Wm. H. Gold of Frederick Co., Va., each one half, share & share equal. I will all my furniture to my wife. If it is ascertained that the 200$ set aside for funeral expenses is or should not be found be enough to meet the same and pay for the lot, then enough may and shall be taken pro-rata from the legatees of the Calhoun land fund with the Executor may in his judgment think necessary. All bonds due me shall be collected as fast as fall due and proceeds applied to as provided in Will. I desire to have each fund kept and paid separate, to wit: - No. 1. Ins. fund, No. 2. Calhoun land fund, No. 3. Cash on hand, proceeds of land notes from S. T. McElwain & all sources that may arise, the proceeds of No. 3 with all surplus will all close on Mary J. Heironimous & Margaret A. Gold. I give to my wife my furniture and bedding of every description, I give to my brother S. M. Heironimous my writing desk; should there be a surplus in paying off legatees of the Life Ins. Policy fund, it shall go to the general fund and be used pro-rata therewith, any of that may require to pay doctor bill. The legatees of the Life Ins. Policy shall not be subject to scaleing for any purpose but shall be paid in full the net amt. of their ligaers, any and all surplus then may be, shall be placed to the M. G. Heironimous & Margaret A. Gold fund to close the estate. In witness whereof I sign seal, and publish this instrument as my last will at Davis, Tucker Co., West Va. this 15th day of September, 1890. H. W. Heironimous
Signed, sealed and delivered by us and each other as his last will and Testament this day and date above stated.
State of West Virginia,
Tucker County Court Clerks office,
In the matter of the paper writing purporting to be the last will and testament of H. W. Heironimous.
A paper writing purporting to be the last will and testament of H. W. Heironimous deceased, without witnesses was this day presented to me C. W. Minear, clerk of the County Court of said County in my office by S. M. Heironimous the executor therein named who made oath that the paper writing purporting to be the last will and Testament of said H.W. Heironimous was in the handwriting of the said H. W. Heironimous and that the signature thereto was the genuine signature of the said H. W. Heironimous. And at the instance and requirest of S. M. Heironimus the paper writing purportedly to be the last will and Testament of H. W. Heironimous is committed to record. And on motion of said S. M. Heironimous who made oath according to law he hath letter of testamentary granted him upon the estate of said decedent, but was not required to grow bond as prescribed in the will. And then upon the said S. M. Heironimous further made oath that he could faithfully discharge the duties of his office of Executor to the best of his skill and judgment.
Done in the office of the Clerk of the County Court of said County during the recess of the regular sessions of said Court on this 31st day of December, 1890.
Teste: C. W. Minear, Clerk
A copy teste:
C. W. Minear, Clerk
West Virginia Calhoun County Court Clerks office July 1st, 1893
The above instrument of writing was this day received in my said office, by me, and thereupon duly committed to record.
Teste: L. H. Trippett, Clerk