Last Will and Testament of Anthony W. Smith, deceased 

Wesley Mellott, Executor (Probated May 11, 1909)

 

Know All Men By These Presents, That I, Anthony W. Smith being of sound and disposing mind but weak of body, do make and publish this my last will and testament.

 

            FIRST – I desire that my property, house and lot, situate in Stocking addition, Sistersville, West Virginia, being 1ot No. 20, be sold by my Executor hereinafter named, for the purpose of paying any indebtedness that I may owe at the time of my death, and my Executor is hereby authorized and empowered to sell the said lot together with its appurtenances and make a good deed therefore.

 

            SECOND – I give and devise my farm situate on Sancho Creek to my five children, namely, Maude V. Smith, Zelma D. Smith, Lessie A. Smith, Ernest O. Smith and Otis H. Smith, share and share alike, subject, however, to the dower estate of my wife, Mary M. Smith.

 

            Third – The residue of my property whether money or other effects, I desire, first, that my wife shall have one-third thereof, and the other two thirds to be divided equally among my said five children.

 

            FOURTH – I hereby nominate and appoint Wesley Mellott Executor of this, my last will and testament.

            In Witness Whereof I have hereunto set my hand and seal this 20th day of March, 1909.

 

                                                                        his mark

                                                                                X

                        Anthony W. Smith,            (seal)

 

            Signed, sealed, published and declared by my testator, Anthony W. Smith, as and for his last will and testament, in the presence of us, who at his request in his presence and in the presence of each other, have hereunto subscribed or names as witnesses this 20th day of March, 1909.

 

                        C.E. Lindsley

                                                                                    Witnesses

                        W. Alonzo Williamson


 

State of West Virginia, Clerk’s Office of

            The County Court of Tyler County, ss.            April 8, 1909

 

            This day U.A. Melott, together with W. Alonzo Williamson a witness, presented in the Clerk’s office a paper writing purporting to be the last will and testament of Anthony W. Smith, deceased, late of this said County; and it appearing on the evidence offered by said U.A. Melott and the certificate of death filed by the Undertaker, that the said Anthony W. Smith died seized of an estate in this County on the 20th day of March, 1909, at his known place of residence in the City of Sistersville this County, the execution of the said writing by the said Anthony W. Smith was duly proved on the oath of the said W. Alonzo Williamson who duly made oath that in his presence and the presence of C.E. Lindsley the other subscribing witness the said Anthony W. Smith signed sealed and published the said writing as and for his last will and testament, and that at the time of executing the same he believes he was of sound mind and disposing memory, was over the age of twenty-one years, and under no undue influence, and that he and the said  C.E. Lindsley subscribed the same as attesting witnesses at the time in the presence of each other and in the presence of the testator and at his request etc.  And thereupon the said writing is filed and admitted to record as the last will and testament of the said Anthony W. Smith deceased, but it appearing that the other subscribing witnesses can attend for probate of said writing the same is continued to give the other witness an opportunity to attend in the probate of this writing the matter is continued.

 

                                Attest: J. W. Duty, Clerk.

 

State of West Virginia, Clerk’s Office of

 

            The County Court of Tyler County, ss.  April 12, 1909

 

            In the matter of the probate of the last will and testament of Anthony W. Smith deceased:-  This day came C.E. Lindsley, the other subscribing witness to said will and the same was duly proved on the oath of the said C.E. Lindsley the remaining subscribing witness; and thereupon the said will is established, probated, and admitted to record as and for the last will and testament of the said Anthony W. Smith, deceased.

 

                                 Attest: J. W. Duty, Clerk

 

State of West Virginia,

            County Court for Tyler County, ss.            May 11, 1909

 

            This day came U.A. Melott and filed the petition of Mrs. Mary M. Smith, widow of the late Anthony W. Smith deceased late of this County, asking that he, the said U.A. Melott be appointed administrator with the will annexed of the estate of the said Anthony W. Smith, deceased, and it appearing to the Court that the last will and testament of said Anthony W. Smith has been duly probated and admitted to record in the Office of the Clerk of this Court, It Is Ordered that the said U.A. Melott be and he is hereby appointed administrator with the will annexed of the estate of the said Anthony W. Smith, deceased, and that the penalty of the bond be Two-thousand-Dollars;

 

            Whereupon the said U.A. Melott personally appeared in open Court, duly made oath as said administrator with the will annexed, and, together with S.G. Pyle and F.G. Locke his surety, intered into and acknowledged a bond as such in the penalty of Two-thousand-Dollars, aforesaid; which bond is proved as sufficient and certificate is therefore granted him, the said U.A. Melott for obtaining letters of administration with the will annexed on the estate of the said Anthony W. Smith deceased, in due form of law.

            And on the motion of said administrator it is ordered that Geo. W. Sine, W.J. McCoy and W.E. Allen, do, after being sworn for the purpose appraise in current money the estate of the said Anthony W. Smith deceased and return an inventory thereof from under their hands to the County Court of Tyler County aforesaid.

 

                                       Geo. L. McMullen, President.

            Attest: J. W. Duty (signature) Clerk.

 

 Tyler County Will Book No. 5 pages 19 and 20

Source Mary Summers

 

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