Last Will and Testament of James Franklin Higginbotham (1860-1936) WV
Transcribed by William Morris Higginbotham
Charleston, WV
2001
Last Will and Testament of J. F. Higginbotham, deceased, admitted to probate December 30, 1936
I, J. F. Higginbotham, of Paden City, West Virginia, in the County of Wetzel, State of West Virginia;
Being of sound and disposing mind and memory to make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made:
My will is that all my just debts and funeral expenses shall, by my executor hereafter named, be paid out of my estate, as soon after my decease as shall be by him found convenient.
All the rest and residue of my estate either personal, real or mixed of which I may die seized, and possessed, I give, devise and bequeath to my beloved wife, H. V. Higginbotham and hereby nominate and appoint her to be the executrix of my estate with no bond being required.
In testimony whereof, I have hereunto set my hand this 19th day of May 1928—(in the year of one thousand nine hundred and twenty-eight.)
J. F. Higginbotham (Seal)
Signed, published and acknowledged by the said J. F. Higginbotham as and for his last will and testament, in our presence, and subscribed and attested by us as witnesses, in his presence and at his request.
G. B. Henthorn, Witness
Dewey Delaney, Witness
Probate Of Will In Vacation
Wetzel County, West Virginia, Clerk’s Office County Court: November 12, 1936
This day came Mrs. H. V. Higginbotham and presented for probate a paper writing bearing date the 19th day of May 1928, purporting to be the Last Will and Testament of J. F. Higginbotham, deceased.
This day also came Dewey Delaney who, after being shown said paper writing and being duly sworn, depose and says that his name to said paper writing as subscribing witness thereto is his genuine signature; that they the said Dewey Delaney, and G. B. Henthorn, the other attesting witness to said will, each signed the same at the request of the testator in his presence and in the presence of each other; that the said testator J. F. 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 he further believes that said testator was, at the time of signing same, of a sound and disposing mind and memory and over the age of 21 years.
Dewey Delaney (Seal)
Subscribed and sworn to before me in my said office, this 12th day of November, 1936.
G. A. Harman, Clerk County Court Wetzel Count, 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 30th day of December, 1936, and there having been no objection made or filed, it was therefore ordered by said Court that said paper writing be admitted to probate and recorded as and for the LAST WILL AND TESTAMENT of J. F. Higginbotham, deceased.
G. A. Harman, Clerk of 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 __________ , a resident of Paden City, who being duly sworn according to law, deposeth and saith that to the best of his knowledge and belief J. F. Higginbotham, late of Paden City, Wetzel County. Departed this life on the 17th day of August, 1936, about 7 o’clock A.M. of said day.
H. V. Higginbotham
Sworn and subscribed before me this the 12th day of November, 1936.
G. A. Harman, Clerk of County Court.
Clerk’s Office County Court, Wetzel County, West Virginia.
The foregoing LAST WILL AND TESTAMENT OF J. F. HIGGINBOTHAM DECEASED, was on the 30th day of December approved by the County Court aforesaid and thereupon admitted to record together with the certificate thereto annexed.
G. A. Harman, Clerk