Endsley H. Smith, Will
submitted by Mary Summers <summernan at ohiohills.com>

 Tyler County Will Book No. 6 pages 314 and 315

Last Will and Testament


Endsley H. Smith



            I, Endsley H. Smith, of Tyler County, West Virginia, being of sound mind and disposing memory, do make this my last Will and Testament, in manner and form following, hereby revoking any will heretofore made by me.


            I hereby give, devise and bequeath to my wife Maria E. Smith all my property, to be held and used by her during her life, and at her death to go to and become the property of my heirs at law.

             In witness whereof I hereunto sign my name this 1st day of November, 1927.


                                                                                                            Endsley H. Smith

             Signed and published by the testator Endsley H. Smith in our presence, and we, at his request, and in his presence, and in the presence of each other hereunto sign our names as witnesses, this 1st day of November, 1927.

                                                                                                            A.B. Smith

                                                                                                            Joe Freeland

 State of West Virginia,

Clerk’s Office of

The County Court of Tyler County, as:                November 25, 1927


            This day came, in vacation of said County Court, Lotus D. Smith, A.B. Smith and Joe Freeland, and the said A.B. Smith presented for probate a paper writing, bearing date the 1st day of November, 1927, purporting to be the last Will and Testament of Endsley H. Smith, who died at his known place of residence in Tyler County, West Virginia, on the 6th day of November, 1927.


            The execution of the said writing was duly proved on the oaths of the said A.B. Smith and Joe Freeland, the attesting witnesses thereto, who duly made oath that, in their presence, the said Endsley H. Smith, signed and published said writing as and for his last Will and Testament; that, at the time of executing the same, they believed he was of sound and disposing mind and memory, was over the age of twenty-one years and under no undue influence; and that they subscribed the same as attesting witnesses at the same time, in the presence of each other and in the presence of the testator and at his request.  Thereupon the said writing is established, probated, and admitted to record as and for the last Will and Testament of the said Endsley H. Smith, deceased.


            No person being named in said last Will and Testament as Executor thereof, on the motion of Maria Smith, widow of the said decedent, it is ordered that Lotus D. Smith be and is hereby appointed Administrator with the will annexed of the estate of the said decedent.


            The Lotus D. Smith duly qualified as said personal representative by taking the oath and, together with Joe Freeland and A.B. Smith, sureties, entering into and acknowledging a bond as such in the penalty of Sixteen Hundred Dollars, conditioned according to law, which said bond is approved as sufficient.  Certificate is therefore granted him for obtaining letters of administration on the estate of the said decedent in due form of law.


            On motion of the said personal representative it is ordered that O.D. Ash, Joe Freeland and A.B. Smith do, after being duly sworn for the purpose, appraise in current money the estate of the said decedent and return an inventory thereof, from under their hands, to the Clerk of the County Court of Tyler County.

                                                                                                Attest: J.E. Smith, Clerk


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