Last Will and Testament of Georganna Earnshaw Higginbotham (1841-1920) WV
Transcribed by William Morris Higginbotham
Charleston, WV
2001
Last Will and Testament of Geroganna Higginbotham
Admitted to Record April 6, 1920
I, Georganna Higginbotham, of Burchfield, Wetzel County, W. Va. being of sound mind and memory, make this my last will and testament, hereby revoking all former wills by me made, and direct the payment of my just debts.
First, I give and bequeath to my son, J. F. Higginbotham, all of a certain tract or parcel of land, situated in Church District, Wetzel County, W. Va., on the waters of Trail Fork, a branch of Long Drain, conveyed by A.J. Pethtel, and Sarah Ann Pethtel, his wife, to me on the 24th day of February, 18769, by deed recorded in the proper office of Wetzel County, W. Va., in Deed Book No. 13, Folio 484 containing twenty acres, more or less.
Second, I give and bequeath to my two daughters, Martha J. Garner and Mary F. Hunt, as hereafter stated, a certain tract or parcel of land situated in Church District, Wetzel Co., W. Va., on the waters of Trail Fork, a branch of Long Drain, conveyed to me by Benjamin Earnshaw, and Mary. E. Earnshaw, his wife, by deed dated the 31st day of March, 1875, and recorded in the proper office of Wetzel County, West Virginia, in Deed Book No. 11, Folio 45, containing forty eight and on fourth acres, more or less. Said tract to be divided and apportioned as follows: by a line beginning at the County Road on Trail Fork, on the east, or uppers side of a deep hollow which intersects the waters of Trail Fork near the lower side of a paled garden, by the house and running back to Taylor’s line in a way that will cut off twenty acres from the lower or west end of said tract of land.
The twenty acres on the lower or west side of the above mentioned line shall go to Martha J. Garner, and the remainder, being the portion on the upper or east side shall go to Mary E. Hunt.
Third, if there should be any personal properties or monies, on hand or coming to me, after my paying just debts and funeral expenses, I will that it be equally divided among my three children above mentioned.
Four, I will that the oil and gas royalty on both of the above described tracts of land, and each division of same, be held in common or equally divided by my three children, J.F. Higginbotham, Martha J. Garner and Mary E. Hunt.
I appoint F.B. Smith of Earnshaw, Wetzel County, W. Va., as executor of this my will.
Witness my signature this the 10th day of March 1908.
Georganna Higginbotham
Attest F.B. Smith
Signed, published and declared by Georganna Higginbotham as and for her last will and testament in the presence of us, who in her presence, at her request, and in the presence of one another, have subscribed our names as witnesses thereto.
T.A. Brown
D.E. Brown
Probate of Will in Vacation
Wetzel County, West Virginia, Clerk’s Office County Court: New Martinsville, March 20, 1920
This day came B. F. Smith, and presented for probate a paper writing, bearing date the 10th day of March, 1908, purporting to be the last Will and Testament of Georganna Higginbotham, deceased.
This day also came T. A. Brown and D. E. Brown, who, after being shown said paper writing and being duly sworn, depose and say: That their names to said paper writing as subscribing witnesses thereto are their genuine signatures; that they each signed the same at the request of the testatrix, in her presence and in the presence of each other; that the said testatrix Georganna Higginbotham, signed said paper writing in each of their presence, and did then and there publish and declare the same as and for her Last Will and Testament; that they further believe that said testatrix was, at the time of signing same, of a sound and disposing mind and memory and over the age of 21 years.
T.A. Brown
D.E.Brown
Subscribed and sworn to before me by T.A. Brown this 20th day of March, 1920.
S. Myers, Clerk County Court
Subscribed and sworn to before me by D.E. Brown this 20th day of March, 1920.
Thayer McIntire
Notary Public, Wetzel County, West Virginia
Clerk’s Office, Wetzel County, West Virginia.
The foregoing Last Will and Testament of Georganna Higginbotham, deceased, was on this 6ht day of April, 1920, approved by the County Court, and thereupon ordered to be recorded as the law directs.
S. Myers, Clerk