Will Book II, page 32
Submitted by Linda Fluharty.
IN THE NAME OF GOD AMEN: I, James M. Wilson, being infirm in health, but of sound mind and disposing memory, do hereby make this my last will and testament, hereby revoking all former wills and codicils thereto, which I may have heretofore made;
FIRST: I will and bequeath to my beloved wife, Cynthia Wilson, all my personal property and affects of whatever kind or character, to have, hold, use and dispose of by her as her own, after the payment of all my jsut debts and funeral expenses;
SECOND: I, will, devise and bequeath to my said wife, Cynthia Wilson, to hold by her as hereinafter set forth my undivided one-half (1/2) interest in a tract of seventy (70) acres of land, upon which I now reside, situate in Sherman District, Calhoun County, West Virginia, which was conveyed to myself and the said Cyntha Wilson by W. T. Cox and wife, by deed dated July 12, 1905, of record in the office of the Clerk of the County Court of said County, in Deed Book No. 36 at page 247, together with all other real estate which I might own at the time of my demise. But it is provided that in the event my two brothers, John Wilson and Loyd Wilson, or either of them, shall survive the said Cynthia Wilson, then in that event the said Cynthia Wilson shall take and hold the said real estate for and during the period of her natural life, and the same shall then pass to and be owned by the said John Wilson and Loyd Wilson, in equal moieties, or to the surviving one of them, in case only one of them should be living at that time; but in the event of said Cynthia Wilson shall outlive the said John Wilson and Loyd Wilson, then she shall take and own the said real estate in fee simple.
THIRD: I nominate my said wife, Cynthia Wilson, as executrix of this my last will and testament, and recomend-----
James W. Wilson
that no bond be required of her. IN WITNESS, whereof, I have hereunto signed my name and caused my seal to be affixed thereto, to this my last will and testament, written in typewriting on two sheets of legal cap paper, on each of which my name is signed. Done at my residence in Calhoun county, West Virginia, on this the 9th day of November, 1908.
James M. Wilson, (Seal)
Signed, sealed, acknowledged, published and declared by the testator, James W. Wilson, as and for his last will and testament, at his residence in Sherman District, Calhoun County, West Virginia on this the 9th day of November, 1908, and we, at his request, and in his presence, and in the presence of each other, have signed our names hereto as subscribing witneses.
W. H. Jackson
H. V. Jackson
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 Saturday, April 5, 1909.
A paper writing bearing date the 9th day of November, 1908, purporting to be the last will and testament of James W. Wilson, deceased, who had a known place of residence in said County, wherein he died, was this day presented for probate to the undersigned Clerk of said Court, in vacation of said Court, by Louis Hambrick, in whose custody the said will was left by the said decedent, and thereupon came Frank White, W. H. Jackson, the subscribing witnesses to the said paper writing, and who after being duly sworn, proved at the time of the execution of said will the said James W. Wilson was of sound mind and disposing memory and over the age of 21 years, that he signed the said will 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 his request and in his presence and in the presence of each other, subscribed their names to the said will as witnesses, whereupon the said will is hereby duly admitted to probate, as the true last will and testament of the said James M. Wilson, deceased.
Thereupon came Cynthia Wilson, the executrix named in said will not requiring said executrix to execute a bond, no bond is required of her, and she took the oath required as such executrix and was duly qualified as such.
Teste: S. W. McClung, Clerk
A copy Teste: S. W. McClung, Clerk.