Will Book II, pages 13-15
Submitted by Linda Fluharty.
IN THE NAME OF GOD AMEN:-
I, Levi Morris, of the County of Calhoun and State of West Virginia aged about 74 years, and by occupation a farmer, being of sound mind and disposing memory, do make, publish and declare my last will and testament, as follows, hereby revoking and annulling any and all former wills by me at any time heretofore made; First, I direct that my body be interred in the Mount Zion cemetery in the manner suitable to my condition in life, and a suitable monument erected to my memory according to my financial circumstances at the time of my decease. Second, I furthermore direct that all my just debts and funeral expenses be paid out of the proceeds of my personal property if sufficient for that purpose, and if not the same shall be paid by the devisees hereinafter mentioned in the manner hereinafter mentioned, and the amount thereof shall constitute a charge on the devise to them respectively. Third, I give, bequeath and devise to my daughters Mary E. Fowler and Margaret Huffman, the S. C. Barr tract of land and a part of the G. W. Hardman tract, such part of the said Hardman tract to begin at the dogwood corner below A. J. Huffman's and running down the hollow to the Ayers and Barnes land, thence with that land to the hickory corner to S. C. Barr land, thence back with the Barr line to a chestnut oak a corner to the home farm, thence with a line of the home farm to the beginning. Fourth, I give and bequeath unto Annie Morris, Fannie Morris, L. J. Morris and Ralph Morris, children of my deceased son Peter Morris, the sum of forty dollars each, and this bequest to them shall be chargeable and paid by my said daughters Mary E. Fowler and Margaret Huffman, and the same is
hereby made a charge against the devise herein before made to my said daughters; the said sum of forty dollars shall be paid to each of the said children of Peter Morris as they respectively arrived at age, and such sum shall bear interest after one year from the date of my death, But if the said children or any of them shall be at age at the time of my death, then as to such as are of age, the said bequest shall be paid within one year from my death, without interest. Fifth, To my daughter Katy Morris, I give and devise the home farm, known as the Henry Bell tract of land, whereon I now live; and I also give and bequeath to her two beds and bed steads, with covers and bed clothing sufficient to make them comfortable in cold weather; and I also give unto my said daughter Katy the cooking stove and utensils and kitchen furniture, including dishes. Sixth, The rest of my real estate which consists of the residue of the Hardman tract of land, I devise and bequeath unto my wife Virginia Morris, as her sole and separate property, in fee simple, provided she shall survive me. (Handwritten on the side of the will: "See Release Lien Book No. 2 page 464. See Release Lien Book No. 3 page 86") But in case of her death before mine, the same shall revert to my estate, and be distributed amongst my heirs, as though I had made no disposition of the same by this testament. In the event my personal property not herein devised and bequeathed is insufficient to pay my debts and funeral expenses, then my three daughters hereinbefore mentioned shall pay the residue thereof in equal proportions, and they share each of them in such residue is charged against the devises made to them respectively. But if my wife shall die before I do, then such residue shall be chargeable against the residuary estate which would revert to all my heirs by reason of her not surviving me. And in the event my personal property shall more than pay my debts, then the residue shall
be distributed amongst the persons entitled thereto as in the event I had died intestate. I nominate and appoint my son-in-law A. J. Huffman and my daughter Katy Morris as the excutor and excutrix of this will; and I hereby dispense with any bond from them or either of them for that purpose. In witness whereof, I have hereunto set my hand and seal, and do hereby at the law office of Linn & Hamilton, at Grantsville, West Virginia, on this the 11th day of April, 1902, publish and declare this paper written on three separate sheets of paper in type writing, each sheet of which bears my signature, as and for my last will and testament.
Levi Morris (seal)
Signed, sealed, published and declared by the testater, Levi Morris, as and for his true last will and testament in our presence, on the 11th day of April, 1902, and we at his request and in his presence, and in the presence of each other, do subscribe our names hereto as witnesses, at the office of Linn & Hamilton, at Grantsville, W.Va.; the said testament being type written and contained on three separate sheets of paper, to each of which the testator has subscribed his name. Witness our hands this 11th day of April, 1902. The words "share" and "as" interlined in ink before signing.
J. M. Hamilton
S. P. Bell
G. S. Smith
J. T. Waldo
I, Levi Morris, of the County of Calhoun, State of West Virginia, and now about seventy eight years of age, having on the 11th day of April, 1902, made and published my last will and testament, in the presence of J. M. Hamilton, S. P. Bell, G. S. Smith and J. T. Waldo, witneses who subscribed the same, do hereby add the following as a codicil to the said will, which said will in all other respects, accept as amended by this codicil shall remain in full force.
CODICIL: - It is my will and desire that my daughter, Katy Morris, shall not be required to pay any part of my debts and funeral expenses, but that in the event the undisposed personal property and real estate shall not be sufficient for that purpose, then, my other two daughters, to-wit, Mary E. Fowler and Margaret Huffman, shall pay the residue of the debts and funeral expenses, which shall remain after the application of the undisposed personal property, and the devises to them in the said former will shall be chargeable equally with the residue of such debts. Since the making of said former will, my wife, Virginia Morris, has died, and the real estate, devised to her by said will, will now come into the general fund for the payment of debts and distribution among the children, as provide for in said will, and I believe that such real estate with the personal property, undisposed of, will be amply sufficient to pay all my debts and funeral expenses, but in the event it shall not be sufficient, then, as hereinbefore provided, it is my will that my daughter, Katy Morris, shall not be required to pay any part thereof, nor the share, devised to her, be chargeable with any part thereof. I further will and direct that the said Katy Morris shall have all the gathered grain on hand at the time of my death, and shall have one-half of all the grain in crop at that time, or one-half of my share thereof, if the same shall be put in by others. My reasons for making this additional provision in favor of my daughter, Katy, are as follows; She has spent the better part of her life in remaining on the farm with me and taking care of me, and has
sacrificed her chances for bettering her condition by marriage, while my other two daughters are both married to good men and are happily situated in life, and I think it but just that my daughter, Katy, should have this small preference in my estate, and am fully persuaded that my other two daughters will have no complaint or hard thoughts because of such preference. In Witness whereof, I have hereunto set my hand and seal and do hereby publish and declare this paper to by a codicil to my last will and testament, and this paper is now attached to the last will and testament, which remains in the hands of my friend, G. S. Smith, as a part thereof, on this 8th day of May, 1906, this codicil, being in typewriting on two sheets of paper, to each of which my signature appears.
The foregoing paper was this day signed, sealed, published, and declared by Levi Morris, the testator therein named, as and for a codicil to his last will and testament, which will bears date on the 11th day of April, 1902, and we at his request and in his presence and in the presence of each otehr do subscribe our names hereto as witnesses, at the office of Linn and Hamilton at Grantsville, West Virginia, such codicil being on two separate sheets of paper, typewritten, and to each of which the testator has suscribed his name, and the said codicil has been attached to the said original will. Given under our hands this 8th day of May 1906.
G. S. Smith
J. T. Waldo
S. P. Bell
West Virginia, to-wit:
At a County Court held for the county of Calhoun at the Court Housse thereof, on Monday, April the 1st 1907.
A paper writing, bearing date on the 11th day of April, 1902, purporting to be the last will and testament of Levi Morris, deceased, to which is attached a codicil, bearing date on the 8th day of May, 1906, having on the 26th day of march 1907, been left with the Clerk of this Court by George S. Smith, in whose custody the same had been left by the testator, and at the same time Alexander J. Huffman, one of the executors therein named having moved the said Clerk to admit the same to probate and the Clerk having at the instance of said Huffman issued a summons against Mary E. Fowler, Margaret Huffman, Annie Burns, Fannie Yoak, L. J. Morris, Ralph Morris, and Katie Morris, who are the heirs at law of the said Levi Morris, and but for the said will would be entitled, as such, to distrubution in his estate, to appear here on this day to protect their interests in the premises, which summons was on this day duly returned with service accepted by each of the said parties; and the said writing having been produced in Court by the Clerk, and the said A. J. Huffman now moving the Court to admit the same to probate, and it appearing that the said L. J. Morris and Ralph Morris are under the age of twenty one years, the Court appointed A. G. Mathews, as guardian ad litem for them, he being present in Court, during the proceedings herein referred to, the other parties not appearing, thereupon came S. P. Bell, G. S. Smith and J. T. Waldo, three of the witnesses who subscribed the said original will, and who likewise subscribed the codicil aforesaid, as witnesses, who being duly sworn stated that on the said 11th day of April, 2902, the said testator, Levi Morris, at the office of Linn & Hamilton, Grantsville, West Virginia, signed, sealed, published and declared the said writing, as and for his last will and testament, in their presence, and in the presence of each other, subscribed their names thereto, as attesting witnesses; and that at the time aforesaid, the said Levi Morris was of sound mind and disposing memory. And that on the said 8th day of May 1906. The said testator, Levi Morris, at the said office of Linn & Hamilton, at Grantsville, West Virginia, in their presence signed, sealed, published and declared the said writing, purporting to be a codicil, as and for a codicil to his last will and testament, which bears date on the 11th day of April 1902, and that they at his request and in his presence and in the presence of each other suscribed their names thereto as attesting witnesses, and that at the time of so doing, the said Levi Morris was of sound mind and disposing memory. And it being proven to the Court that the said testator has departed this life and that at and for many years prior to his death was a resident of this County and that he died therein, and there being no objections offered against the probate of said writings, it is ordered that the original will and the codicil thereto appended as aforesaid be and the same are hereby admitted to probate, as and for the true last will and testament of the said testator, Levi Morris.
A Copy Teste: S. W. McClung, Clerk