THE WILL OF MOSES McDONALD

Will Book I, pages 76-77

Submitted by Linda Fluharty.

     I, Moses McDonald, of Flemington District, Taylor County, West Virginia make this my last will.

I give, devise and bequeath my estate and property real and personal, as follows, that is to say after the payment of my just debts.

To my beloved wife, one-third of all my estate and property, both real and personal, she to hold the said one-third of my real estate for and during natural life.

To Lois McDonald, wife of Cassius C. McDonald, my Grand Son, a tract of land in Calhoun County, this state, containing Seventy-five acres, more or less. Said land is situated on Bear Fork.

To my son Humphrey F. McDonald, all my real estate lying in Taylor County, West Virginia, being the farm upon which I now reside.

To my son James McDonald five thousand Dollars in cash. The balance of my personal property to be divided equally between my said sons James F. and Humphrey F.

I appoint Humphrey F. McDonald of Flemington District, Taylor County, West Virginia, executor of this my will.

In witness whereof, I have signed and sealed and published and declared this instrument as my will at my residence in said Taylor County, on the 7th day of March AD 1882.

Moses McDonald (seal)

The said Moses McDonald, at his residence in Flemington District, Taylor County, West Virginia on the 7th day of March 1882, signed and sealed this instrument and published and declared the same as and for his last will and we, at his request, and in his presence and in the presence of each other, have hereunto written our names as subscribing witnesses.

James Burnside Jr
Jedediah W. Hall
William H. Hustead
Alfred Cochran

West Virginia. In the Clerk's Office of the County Court of Taylor County on the 7th day of December, 1882:

The last Will and testament of Moses McDonald, deceased, was this day presented to me, in my office, for proof and record; and the execution thereof is now here fully proved by the oaths of James Burnside Junior, Jedediah W. Hall, and William H. Hustead, three of the subscribing witnesses thereto, and there being no objections, the said will is admitted to record; and therefore on motion of Humphrey F. McDonald, the executor named in said will, executor, and he now here made oath as required by law and together with James Burnside Junior, Jedediah W. Hall, and William H. Hustead entered into and acknowledged a bond in the penalty of Thirty thousand Dollars, conditioned as the law directs; and on the further motion of said executor, James Burnside Junior, Jedediah W. Hall and William H. Hustead are appointed to appraise the personal estate of said decedent.

Teste: Jno S. S. Herr Clerk

West Virginia, at a county court held for the county of Taylor on the 4th day of January, 1883:

The last will and testament of Moses McDonald, deceased having been admitted to probate by the clerk of this court on the 7th day of December, 1882, and Humphrey F. McDonald having been by said clerk appointed appraisers of said decedents estate and no objections having been made thereto, the same is now here confirmed.

A copy Teste: Jno S. S. Herr, clerk

West Virginia. In the Clerk's office of the county court of Taylor County on the 14th day of March 1883;

Whereas, the repeal of Chapter 11, of the Acts of 1881, having for the time been overlooked and the undersigned clerk of said court having on the 7th day of December, 1882, heard proof and admitted to record a paper purporting to be the will of Moses McDonald, deceased, but without authority of law: and Humphrey F. McDonald, the executor therein named desiring probate thereof under existing law, this day presented to me, in my office the last will and testament of said decedent for proof and record; and the execution thereof is now here fully proved by the oaths of James Burnside, Junior, Jedediah W. Hall, and William H. Hustead, three of the subscribing witnesses thereto; and there being no objections, the said will is - admitted to record; and therefore on motion of said Humphrey F. McDonald who made oath according to law, he is appointed and permitted to qualify as such executor; and he now here with James Burnside, Junior, Jedediah W. Hall, his sureties, entered into and acknowledged a bond in the penalty of thirty thousand dollars, conditioned as the law directs.

Teste: Jno S. S. Herr, clerk

West Virginia, At a County Court held for the County of Taylor on the 9th day of April, 1883:

The last will and testament of Moses McDonald, deceased, having been admitted to probate by the Clerk of Court on the 14th day of March, 1883, and Humphrey F. McDonald, having duly qualified as executor of said will and no objections and having been made executor, the same is here confirmed.

A copy Teste: Jno S. S. Herr, clerk
A copy Teste: Jno S. S. Herr, clerk
A copy Teste: L. H. Trippett, clerk


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