Will of David Lutes.

Submitted by Donna Criswell Mollaum.

Will from Courthouse


The Will of David Lutes 1790-1878
Marshall County, WV Will Book #2; Page #88

October 30th 1877. To all whom it may concern Greetings.
I DAVID LUTES of Marshall County and state of West Virginia do swear
and publish this my last will and testament and making null and void all
forms and wills made by me heretofore and to such worldly estates and
has pleased God to entrust me with: I dispose of the same as follows
after my death and my funeral expenses are paid. It is my will that
my son CYRUS LUTES, shall have all my land where he now lives after
complying with the following conditions Viz: he is to pay all taxes
on said land and to keep up the improvements after my death until
he receives a deed for the same by acting as Guardian for my wife to
see that she is supported out of my estate and at death her funeral
expenses paid out of said estate: after he has fully complied with
the above conditions it is my will that the court shall make his
deed for said land: It is my will that he pays no rent after my
death for said land Except said land is under? and at my death I give him
this and no more: It is my will that my son GEORGE’s heirs and my son
JACOB’s heirs and my daughter MARY and SARAH JANE shall have an equal
Share of all the balance of my property after all the debts are paid
considering what has been paid to each one. ISAAC has received 
all I intend him.
The amount given to each SARAH JANE nine hundred dollars
--------------------------------- MARY eight hundred dolls
--------------------------------- JACOB seven hundred dolls
--------------------------------- GEORGE four hundred dolls
My son WILLIAM has received 
twelve hundred dolls & that is
all I intend to give him.
I also will my daughter NANCY ANN’s heirs one doll and my son JOHN’s heirs
one dolls.
I also appoint my son CYRUS executor to settle my estate
according to the above will. 
Attest J. Z. TAYLOR        DAVID LUTES (seal)
Wiley P. TAYLOR

West Virginia Clerk’s Office Marshall County Court May 30th 1878.
A paper writing bearing date October 30th 1877 purporting to be the last
will & testament of DAVID LUTES late of this county Decd. was this day before
me in my office fully proved by the oaths of JOHN Z. TAYLOR & WILEY P. TAYLOR
the two subscribing witnesses thereto & ordered to be recorded. ISAAC LUTES
& WM LUTES being personally present & withdrawing any objections theretofore
entered to the probate thereof & CYRUS LUTES the Executor in said will
named who swear oath thereto as required by law & together with ISAAC
LUTES & T. B. McFarland his (seausister?) who testified as to their Sufficiently
entered into & acknowledged their bond in this final sum of seven thousand
dollars conditioned & payable as the law directs certificate is granted the said CYRUS
LUTES for obtaining a probate of said will is due from T. B. McFarland
who was heretofore appointed curator of the said deed and is discharged for
further duties as such curator. 
Teste
THOS. FINN, (looks like CVG)
_____________________

NOTES:

David Lutes’ birth date & place were found on The Daughter’s of the War
of 1812 index as 4/10/1790 Washington County, Pennsylvania.

His wife’s name (mentioned, but not given a name in the above will) was
MARY “POLLY” SIVERT, daughter of JOHN FREDERICK SIVERT.

MARY (SIVERT) LUTES was living in the home of CYRUS LUTES in the 1880
Marshall County census, but is oddly listed as an 88 year old daughter
of Cyrus.

The farm was located in Romeys Point, Franklin, Marshall Co., WV.


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