THE WILL OF JESSE NELSON

Will Book I, pages 68-69

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

Know all men by these presents that I, Jesse Nelson, of the county of Calhoun and state of West Virginia, living in ill health but of sound and disposing mind and memory do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made.

And as to my worldly property of which I shall die seized and possessed or to which I shall be entitled at the time of my decease, I divide, bequeath and dispose of in the manner following to wit:

First - My will is that all my just debts and funeral expenses shall, by my executor hereinafter named, be paid out of my property as soon as after my decease as shall by him be found convenient.

Item - I give devise and bequeath to my wife Rachel Nelson, all my household and kitchen furniture and one cow to have and to hold unto her and her heirs, executor, administrators, and assigns use forever.

I give and bequeath to my son, Harrison Nelson, when he is twenty-one years old, all the remainder of my money and bonds, together with the accrued interest thereon when he shall have arrived to the age of twenty-one years. But if my son, Harrison Nelson, should die before he arrives at the age of twenty one years, then I give and bequeath all the money and bonds that I gave and bequeathed to my son, Harrison Nelson, to my brothers James Nelson and Arnold Nelson, to be paid to them as soon after the death of my son, Harrison Nelson, as to my administrator shall be convenient. But if my son, Harrison Nelson, should die before he arrives at the age of twenty-one and either of my brothers James Nelson or Arnold Nelson shall be deceased at the time of the death of my son, Harrison Nelson, then I give and bequeathe to my brother James Nelson or Arnold Nelson, whichever may be living at that time all my money and bonds together with the accrued interest thereon that I gave and bequeathed to my son, Harrison Nelson, to be paid to him as soon after the death of my son, Harrison Nelson, as to my administrator shall be convenient, and lastly I do nominate and appoint Oliver S. Smith of the County of Calhoun and State of West Virginia to be executor of this my last will and testament. In testimony whereof I, the said Jesse Nelson, have to this my last will and testament, contained on one sheet of paper, subscribed my name and affixed my seal this the 6th day of May A.D. one thousand eight hundred and ninety-one.

Jesse Nelson

Signed, sealed, published and declared by the said Jesse Nelson as and for his last will and testament in the presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto,

Samuel Ayers
W.C. Wilson

In vacation of the County Court of Calhoun County on this 28th day of July 1891.
A paper writing purporting to be the last will and testament of Jesse Nelson deceased who had a known place of residence in the County of Calhoun wherein he died was this day presented to the undersigned clerk of the County Court of Calhoun County at the Clerk’s office of the said Court, in the vacation thereof by Samuel Ayers and W.C. Wilson the subscribing witnesses thereto with whom the same was left by the testator for safekeeping and there upon came Samuel Ayers and W.C. Wilson the subscribing witnesses to said writing and after being duly sworn say that at the time of the execution of said writing, the said Jesse Nelson was of sound and disposing memory and over the age of twenty one years, that he signed the said writing in their presence and published and declared the same as and for his last will and testament, and that they at the same time at the request of the testator and in his presence and in the presence of each other subscribed the said will as witnesses whereupon the said last will and testament of the said Jesse Nelson deceased, is committed to record.

Teste: L. H. Trippett, Clerk


BACK