Will Book II, page 2
Submitted by Linda Fluharty.
I, James Metz, residing in Ritchie County, West Virginia, near Harrisville, being of sound mind and disposing memory, do make, declare and publish this as my last will and testament, as follows:
Item 1; I give and devise to my wife, Harriett Metz, one third of all the real property I may possess at my death, with full power to sell and make a deed or deeds therefor, or otherwise dispose of the same as she may choose; the personal property on the place on which I now reside, excepting one organ and sewing Machine, being now her separate property.
Item 2; My daughter Estella Serena Fluharty, has had by way of advancement, her full share of my estate and all I intend to give her, so she will receive nothing more under this will.
Item 3: My son John Wesley Metz has received one thousand dollars from me through a land transaction and in addition thereto I give & devise to him, two hundred dollars to be paid by my executor out of my estate, or such portion of it as may be sold to pay money bequests herein made.
Item 4; To my son, Henry Metz, I give and devise one hundred dollars in addition to the sum of about one thousand dollars he has already received in land.
Item 5; The residue of my estate, both personal and real, which I may possess at my death, I give and devise as follows: To my daughter, Mrs. Elva Snider, Mrs. Sarah Cox, Mary Torch, Malinda Holbert and Ellen B. Yoke and my son Daniel Metz, one half of my estate and property, share and share alike; and to my grand children, Bertha Richards, Ida Stallman & Pearl Bryan West and my daughter Emily Raber and my son Elihu Metz, the remaining half of my estate and property, share and share alike, except that Pearl Bryan West shall have the organ and sewing machine now at my house in Ritchie county, in addition to her share.
Item 6; It is understood & such is my desire that all just debts which I may owe at the time of my death as well as my funeral expenses and a monument for the grave of my self & wife, not to exceed in cost $50, be paid before any of the benefits herein made.
Item 7; To my granddaughter, Clara Metz, I give & devise the sum of ten dollars as a token of remembrance, she not sharing with my other grand children mentioned in this will because she refused to live with me as did the others mentioned. I nominate and appoint John M. Hamilton of Grantsville, Calhoun county, my executor, having full confidence in his integrity and that he will see the provisions of this will fully executed. May 16, 1903.
James (X his mark) Metz
Signed by the testator James Metz in the presence of both of us to his last will & testament, and signed by us in his presence and the presence of each other, this 16th day of May, 1903.
Romeo H. Freer,
I, James Metz hereby revoke so much of my foregoing will or bequest, ten dollars to Clara Metz and also so much of thereof as provides for Ida Stallman a share in my estate & in lieu I give to said Clara Metz & Ida Stallman one dollar each, to be paid them by my executor, out of any money which may come into his hands; their father, Calvin Metz having received by way of advancement his share of my estate. This Codicil made February 24th 1904.
James (X his mark) Metz
Romeo H. Freer
WEST VIRGINIA, TO-WIT:-
In vacation of the county court of Calhoun County, in the clerk's office of said court, at the court house thereof, on Tuesday, December the 6th 1904.
The undersigner Clerk having in vacation of said court, proceeded this day in the matter of the probate of the last will and testament of James Metz, deceased, pursuant to the orders and proceedings heretofore had before him in said clerk's office in vacation of said court, on the 19th day of October, 1904; Thereupon came Romeo H. Freer and Mary Freer, whose names are signed to the writing heretofore filed, purporting to be the last will and testament of James Metz, deceased, as witnesses, and they, the said Romeo H. Freer and Mary Freer being duly sworn, proved that said James Metz was a resident of said Calhoun County and departed this life therein; that his last place of residence was in said county; that on the 16th day of May, 1903, the said James Metz, in the pressence of said two witnesses, digned, sealed, published and declared the said codicil attached to said will, as part of his said last will and testament, and that at the same time, to-wit: The 16th day of May, 1903, and the 24th day of February, 1904, the said James Metz, in the presence of said two witnesses, signed, sealed, published and declared the said paper writing with the codicil thereto annexed, as and for his last will and testament, and that at the times aforesaid, in the presence of James Metz and in the presence of each other, at the request of the said James Metz, signed said paper as subscribing witnesses thereto, and that the times of so signing, seraling, publishing and declaring said paper with the codicil thereto amnnexed as his last will and testament, the said James Metz was of sound mind and over the age of 21 years. Said writing with the codicil attached is now admitted to probate as and for the last will and testament of the dsaid James Metz, deceased.
Whereupon came Wesley Metz, Estella Fluharty, Clara Metz and Ida Stallman, by their council, who object and except to the order this day entered herein probating the will of the said James Metz, deceased, and hereby reserve upon the face of the record, the benefit of any error that may exist therein; said contestants having filed in writing herein, their protests against the probate of said will.
Teste: S. W. McClung, Clerk
A COPY Teste: S. W. McClung Clerk