THE WILL OF CHARLES CLAYTON NUTTER

Submitted by Charlene Sampson Ramel.

     C.C. NUTTER : IN THE NAME OF GOD, AMEN:

I, C. C. Nutter, being of sound mind and disposing memory do make this my last will and testament, hereby revoking any and all wills heretofore made by me at anytime.

First: I will and bequeath unto my beloved wife, Mary Nutter, all of the personal property of whatever kind it may be of which I may die seized, which it is my wish and desire she may become the sole owner of .

Second: I hereby appoint Howard Sampson as Executor of this my last true will and testament, written on one sheet of paper in typewriting, at my home near Rocksdale, West Virginia, this the 27 day of March, 1940.

C. C. Nutter (SEAL)

Signed, sealed, acknowledged, and declared by the testator, C. C. Nutter, at his home near Roxdale [sic], West Virginia, on the ___ day of _____ 1940, in our presence and in the presence of C.C. Nutter and at his request, have signed our names hereto as attesting witnesses.

Charles Wilkinson
W. J. Sturm

WEST VIRGINIA, TO WIT:

In vacation of the County Court of Calhoun County, in the Clerk's Office of said court, at the Courthouse thereof, on Saturday, October Sixteenth, Nineteen Hundred Forty Three.

A paper writing, bearing the date of 27th March, 1940, purporting to be the last Will and Testament of C. C. Nutter, deceased, who had a known place of residence in said county, was this day presented for probate to the undersigned Clerk of said Court, in vacation thereof of by W. J. Sturm; and thereupon came Charles Wilkinson and W. J. Sturm, the subscribing witnesses to said Will, who being duly sworn deposed that on the 27th day of March, Nineteen Hundred Forty, that being the date of said Will, the Testator, C. C. Nutter, signed, sealed, published and declared the paper writing as and for his last Will and Testament; the said Testator, C. C. Nutter, having signed said Will in the presence of the above named witnesses, Charles Wilkinson and W. J. Sturm, both being present at the request of said Testator, and that then and there at the request of said decedent, and in the presence of each other, said C. C. Nutter, signed said paper writing, as and for his last true Will and Testament in their presence and in the presence of each other, and at the time aforesaid, the said Testator was of sound mind and disposing memory and above the age of twenty one years.

Thereupon the said writing is admitted to probate as and for the last Will and Testament of C. C. Nutter, deceased.

It appearing by said writing that C. C. Nutter named Howard Sampson as Executor of this his last Will and Testament; and it being proven to the satisfaction of the Clerk that the said Howard Sampson is now a resident of the State of Ohio and has declined to act and qualify as such. Upon motion of Mary B. Nutter and John E. Sampson, it is ordered that W. J. Sturm, be and he is hereby appointed Administrator, with the Will annexed of the said C. C. Nutter, deceased; and thereupon came the said W. J. Sturm, with John E. Sampson as his surety, and entered into and tendered a bond in the penal sum of Fifteen Hundred Dollars ($1,500.00), conditioned according to law for the faithful performance of his duties as such Administrator, which said bond is approved by the Clerk and is ordered to be recorded and filed, and the said Administrator also took the oath required of him, as such.

And on motion of the said Administrator, it is ordered that Edward Starcher, Earl Stout and C. D. Miller, be, and they are hereby appointed Appraisers of the estate of said decendent.

And the estate of said decedent is hereby referred to L. L. Ferrell, Commissioner of Accounts of this county, for settlement, as is provided for by law.

Teste: [signed] ? ? Mallohan Clerk


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