Last Will and Testament of George Sansom Higginbotham (1839-1905)
Transcribed by William Morris Higginbotham
Charleston, WV
12/23/2001
Will of G. S. Higginbotham
Admitted to probate Nov. 15, 1905
I, G. S. Higginbotham being of mature age and through the blessing of Almighty God, am possessed of a sound and disposing mind, being in declining health do, on this thirteenth day of October (1905) one thousand, nine hundred and five, make this my last will and testament.
I will that after my death my body shall return to its mother dust and my soul to the God who gave it. Amen.
I will that my beloved wife, Georgianna Higginbotham, shall have all my personal property and that she pay all my honest debts and my funeral expenses. I also will and bequeath unto her all of my real estate to have and possess and receive all the benefits and emoluments that may be derived therefrom during her life, and at her death I will that my land be divided among my children as follows: My son, J. F. Higginbotham to have all of a certain tract lying on the Willey Fork of Fishing Creek, in Grant District, Wetzel Co., W. Va. on the east side of the pipe line running through my farm. Beginning at a point in the original or Taylor line where pipe line crosses said line and running with pipe line to the county road, thence with the county road to the creek at a point in front of J. F. Higginbotham’s house, thence down the creek to the original line.
My daughter, Mary E. Hunt, to have all of a certain tract on same waters, same district, county and state, lying on the north side of the creek. The creek to be left open and to be free for the use of both parties and to be known as the line between them.
My daughter. Martha J. Garner, to have five dollars out of my personal estate, she having had her portion of land deeded to her heretofore.
I appoint Georgianna Higginbotham and T. J. Higginbotham my executors of this my will.
Witness my signature this the 13th day of October 1905.
G. S. Higginbotham
Signed, published and declared by G. S. Higginbotham as and for his last will and testament in the presence of us, who in his presence, at his request, and in the presence of one another, have hereunto subscribed our names as witnesses.
T. J. Higginbotham
T. A. Moore
State of West Virginia, County of Wetzel, to wit: I, F. B. Smith, a Notary Public of the said County of Wetzel do certify that G. S. Higginbotham, T. J. Higginbotham, and T. A. Moore in those names are signed to the writing hereto annexed bearing date the 13th day of Oct., 1905, have this day acknowledged the same before me in my said County.
Given under my hand this the 13th day of October, 1905.
F. B. Smith, Notary Public
as aforesaid
Nov. 15, 1905.
Personally appeared in open Court on Nov. 15. 1905, T. J. Higginbotham and T. A. Moore and presenting a paper writing dated Oct. 13, 1905 purporting to be the last will and testament of G. S. Higginbotham, deceased, and after reviewing said paper writing, and being duly sworn, depose and say that their names on the said paper writing, as subscribing that their names are genuine that they each signed the said paper writing at the request of the testator, in the presence of the testator and in the presence of each other that the testator, G. S. Higginbotham signed the same in each of their presence, and did then and there publish and declare the same as and for his last will and testament, that they further believe said testator was at the time of signing said paper writing of a sound and disposing mind and memory and over the age of 21 years.
T. J. Higginbotham
T. A. Moore
Subscribed and sworn to before me this the 15th day of Nov., 1905
J. D. Morgan, Clerk
The foregoing writing having been seen and inspected by the County Clerk and there being no objections made or filed, it is ordered same be admitted to probate and recorded in Will Book as and for the last will and testament of G. S. Higginbotham, deceased.
J. D. Morgan, Clerk
County Court, Wetzel Co., W. Va.