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.