Last Will and Testament of Herbert Mennon Higginbotham (1866-1933) WV
Transcribed by William Morris Higginbotham
Charleston, WV
2001
Last Will and Testament of Herbert Mennon Higginbotham, Deceased
Admitted to record August 3, 1933
Big Run, W. Va. June 6th, 1931
This My Last Will and Testament
First of all my just debts shall be paid, second I bequeath Five hundred Dollars ($500) to my Daughter, Elva R. Higginbotham, third the remainder of my personal property shall be shared equally between my wife Rosa L., James Herbert and Elva R. Higginbotham, they shall make division of the same themselves and for themselves.
(4) fourth my Realty and Royalty shall be as follows (1) first my wife Rosa L. Higginbotham shall have and to hold an equal one third interest in all realty such as land, coal oil and gas and all other minerals so long as she remains my widow and after her decease all royalty such as coal, oil and gas and all other minerals shall be held in common by my son James Herbert and my daughter Elva R. Higginbotham and (2) second my land shall be divided as follows: first tract, Beginning on a Maple and original corner and corner to Mary D. Higginbotham thence with the old line crossing the creek to the County Road, thence up the road to a point opposite a rock marked, thence up the hill a straight line to Hickory marked, thence eastward a straight line to a small Hickory marked, thence turning northward parallel with the hill a straight line to a Pin Oak marked, thence up the hill with the fence a straight line to a point in the J. M. Jolliffe line, thence with the Jolliffe line and others around to the Maple the place of beginning, this boundary or land bounded by this description shall be long to my daughter Elva R. Higginbotham.
Second tract beginning at a stake in the same original line not far from the creek a corner to Mary D. Higginbotham, thence up the creek with her line first to the place of a Sycamore, thence with her line to a stake at the mouth of the drain by the house at the creek, thence with her line to a Poplar, thence down the hill crossing the creek to a large Elm on creek bank, thence up the creek with two of her lines to the north east corned of the Mary D. Higginbotham 30 1/8 acre tract, thence a straight line to the Beech and Maple, an original corner of my Father (Isaac Higginbotham) and now a corner to James Shreve, thence with the outside lines of the Higginbotham Farm and the lines made for Elva R. Higginbotham to the place of the beginning, all this land bounded by this description shall belong to my son James Herbert Higginbotham and the 3 tract shall be as follows:
All my land east of the Mary D. Higginbotham 30 1/8 acres tract and lying south of a straight line from the northeast corner of the Mary D. Higginbotham 30 1/8 tract to the Beech and Maple shall belong to James Herbert and Elva R. Higginbotham to be held in common by them.
Signed
Herbert Mennon Higginbotham
I hereby appoint James Herbert Higginbotham my son Executor of this will. He is to serve without bond.
H. M. Higginbotham
I, C. Brookover, a Notary Public certify that H. M. Higginbotham whose name is signed to the above writing bearing date June 6th 1931 has this day acknowledged the same before me this 19th day of April, 1933.
C. Brookover, Notary in and for the County of Wetzel
Witness:
James Wagner
Andy C. Higginbotham
Probate of Will in Vacation
Wetzel County, West Virginia, Clerk’s Office County Court:
New Martinsville, W. Va., Jany 31, 1933
This day came James Herbert Higginbotham for probate a paper writing, bearing date the 6th day of June, 1931, purporting to be the last Will and Testament of Herbert Mennon Higginbotham, deceased.
This day also came James Wagner and Andy C. Higginbotham who, after being shown paper writing and being duly sworn, depose and say: That their names to said paper writing subscribing witnesses thereto are their genuine signatures; that they each signed the same at the request of the testator in his presence and in the presence of each other; that said testator Herbert Mennon Higginbotham signed said paper writing 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 that said testator was, at the time of signing same, of a sound disposing mind and memory and over the age of 21 years.
James Wagner (Seal)
Andy C. Higginbotham (Seal)
Subscribed and sworn to before me in my said office, this 31st day of July, 1933.
G. A. Harman, Clerk Count Court Wetzel County, West Virginia
The foregoing certificate and the paper writing thereto annexed having been seen and inspected by the County Court at a regular session of that body held on the 3rd day of August, 1933, and there having been no objection made or filed, it was therefore ordered by said that said paper be admitted to probate and recorded and for the LAST WILL AND TESTAMENT of Herbert Mennon Higginbotham, deceased.
G. A. Harman, Clerk County Court aforesaid
State of West Virginia, County of Wetzel, to wit:
Personally came before me, the Clerk of the County Court in and for said County, Herbert Higginbotham a resident of Wetzel County who, being duly sworn according to law, deposeth and saith that to the best of his knowledge and belief Herbert Mennon Higginbotham, late of Wetzel Co., departed this life on the 24 day of July, 1933, about 12:35 o’clock PM of said day.
James Herbert Higginbotham
Sworn and subscribed before me this 31st day of July, 1933.
G. A. Harman, Clerk of County Court
By S. E. Harman, Deputy
Clerks’ Office County Court, Wetzel County, West Virginia.
The foregoing LAST WILL AND TESTAMENT of Herbert Mennon Higginbotham, deceased, was on the 3rd day of August, 1933, approved by the County Court aforesaid and thereupon admitted to record together with the certificate thereto annexed.
G. A. Harman, Clerk.