Will of Frances Day

I, Frances Day, of Petersburg, Grant County, West Virginia, being of sound mind and disposing memory, do hereby make, publish and declare this to be my last Will and testament, hereby revoking all Wills by me at any time heretofore made.

First. I desire and direct that al of my just debts and funeral expenses be paid out of my estate, including the cost of a suitable monument or headstone at my grave and erection thereof.

Second. Subject to the foregoing provision, I give, devise and bequeath to Nellis G. Smith, wife of John D. Smith, all of my estate wherever situate, and of every kind and description now owned by me or of which I may die seized and possessed, including all of my real estate, personal and mixed property, in fee and as her absolute property.

Third. I hereby name and appoint said John D. Smith, of Cabins, Grant County, West Virginia, as my Executor of this my last Will and Testament.

IN WITNESS WHEREOF, I hereunto subscribe my name and affix my seal to this my last Will and testament at Petersburg, Grant County, West Virginia, this the 3rd day of May, 1954.

         Frances (her X mark) Day  (Seal)
Witness her mark, signature and seal:
Hugh Allen
Henry V. Sites
Isaac D. Smith

Signed, sealed, published and declared by the testator Frances Day, as and for her last Will and Testament, in the Presence of us, who in her presence, and at her request, and in the presence of each other, have hereunto subscribed our names as witnesses, this the 3rd day of May, 1954.

         Hugh Allen
         Henry V. Sites
         Isaac D. Smith

In the Clerks Office of the County Court of Grant County, West Virginia, Dec. 11, 1963 � In recess of said Court:

This day John D. Smith, produced to the Clerk a paper writing, purporting to be the last Will and Testment of Frances Day, deceased, and upon motion of John D. Smith, said Will was proven by the oaths of Hugh Allen, one of the subscribing witnesses thereto, Henry V. Sites and Isaac D. Smith the other subscribing witnesses thereto being deceased, thereupon came James Paul Geary who being duly sworn, testified, that he was familiar with the handwriting of Isaac D. Smith, deceased, and he verily believes the signature of Isaac D. Smith to be true and genuine, and said Will was ordered to be recorded, according to law.

Given under my hand this the 11th day of December, 1963.  Elton M. Hiser, Clerk
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