JOHN BILLITER

Last Will and Testament

Tyler County, West Virginia Will Book 3 Page 49

In the name of God amen. I John Billiter of the County of Tyler in the State of West Virginia being weak in body but of sound mind and memory, do make and publish this my last will and testament in manner and form following that is to say - First I will and give to my beloved my Lucy Ann all my real and personal property in trust until my youngest child shall become fourteen years of age, and out of the use and income thereof my said wife shall pay my debts and funeral expenses as soon as conviently may be after my decease she shall also take care of and provide for each of our children as shall be under age, in case they act and do as she shall request of them, and after my youngest child shall become fourteen years of age. I further will and direct that my said wife and Executor Herein after named shall sell and convey my said property real and personal for the best price that may be got for it in their opinion and out of the proceeds thereof - I give my said wife one third part thereof in lieu of her right of dower, and on condition that she remains my widow and does not marry again - Twenty dollars thereof to be paid to my daughter Euphernia, wife of Alexander Massena and the residue thereof I direct shall be divided among all our children except our sons Noah and Lewis share and share alike that is to say among and to Euphernia, Susan, Jane, Ellen, Nancy, Mary, John, James, Peter and George and Jeremiah - Lastly I hereby nominate and appoint My friend John O. Paden Execuitor of this my last Will and testament. hereby revoking all other wills by me made. In Witness whereof I have hereunto set my hand and seal the sixth day of June 1868.

                                              John Billiter (signature)

The above instrument was sighned, sealed,published and declared by John Billiter the Testator, for and as his Last Will and Testament in the presence of us as witnesses who at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto.

                                                     A. D. Soper (signature)
                                                     James Slider (signature)
                                                     William Ice (signature)

State of West Virginia, County of Tyler Recorders office April 12th 1869 This Last Will and Testament of John Billiter deceased was this day presented in the recorders office aforesaid and the execution thereof by the said John Billiter was proven by the oaths of Abraham D. Soper, James Slider and William Ice subscribing witnesses to the same, and thereupon said Will was ordered to be recorded as the Last Will and Testament of said John Billiter deceased.

                                                Teste D. Hickman Recorder
                                                    (signature)

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