| Will of O.J. Weimer, deceased
I, O.J. Weimer of near Streby in Union District of Grant County and state of West Virginia, do make this my last will and testament hereby revoking all former wills made by me and directing the payment of my just debts and funeral expense. First, I direct all my just debts and funeral expenses to be paid. Second, After the payment of all my just debts and funeral expenses I give, devise and bequeath to my wife Charlotte P. Weimer for and during her natural life time one half of all the property real, personal and mixed that I may own at the time of my death; and after the payment of my just debts and funeral expenses I give, devise and bequeath to my children Carl. E. Weimer, John B. Weimer, Zetta M. Weimer and Alberta R. Weimer the other one half of all the property, real, personal and mixed that I may own at the time of my death, but until the youngest of my said children reach the age of twenty-one years such one half part in my estate which I give to them after payment of debts and funeral expenses shall be subject to the control and management by my said wife Charlotte P. Weimer for them in trust and I name and appoint my said wife Charlotte P. Weimer trustee to hold and manage such one half interest in my estate after payment of my debts for the use and benefit of said Carl E. Weimer, John B. Weimer, Zetta M. Weimer and Alberta R. Weimer until the youngest of them reach the age of twenty-one, and in administering this trust my said wife Charlotte P. Weimer shall have and keep in mind the needs and requirements of each of my said children and their interests and if she deem is proper to do so more may be spent or expended for one than another, the object and purpose of this provision being to allow my said wife Charlotte P. Weimer to raise and educate said children as best she can with the means provided, and as the said children reach and pass the age of twenty-one nothing shall be paid to them unless there be a surplus remaining after taking care of the other children not yet twenty-one years of age and their needs, and my wife shall have absolute discretion and power to determine as to the needs of my said children and what shall be paid or used for them until the youngest reaches the age of twenty-one years; and after the youngest of said children reaches the age of twenty-one years then the one half of my estate so given to them under this provision shall be divided share and share alike. Third, After the payment of my just debts and funeral expenses and at the time that my said wife may die I give, devise and bequeath to my said children Carl E. Weimer, John B. Weimer, Zetta M. Weimer and Alberta R. Weimer share and share alike all of the property real, personal and mixed that I am by this will giving to my said wife Charlotte P. Weimer during her life time. Fourth, in carrying out the foregoing provisions my said wife Charlotte P. Weimer shall have the right to use in such manner as she may think proper the personal property I may have on hand at the time of my death first in the payment of debts and then in administering the other provisions hereinbefore3 made, but she shall have no right to sell or dispose of any real estate except that for the purpose of paying debts if such may appear necessary she shall have the right to sell and convey the merchantable timber which may be owned by me at the time of my death, and if necessary she may also sell and convey my mountain place known as the Weimer land, such sale to be either private or public as she may determine and she is authorized to make, execute and deliver any deed or deeds that may be necessary to convey to the purchaser the timber or land as sold; but if any surplus remain from such sales after payment of debts the same shall be treated and held by her as other personal property of which I may die seized and possessed, one half thereof to be hers for life with the right to use the same if she ( don�t have the rest of this page). Fourth, I name and appoint my said wife Charlotte P. Weimer as Executor of this my last will and it is my desire and request that no bond be required of her as such Executor. Witness my signature this the 1st day of March, 1930. O.J. Weimer Signed, published and declared by O.J. Weimer 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 this the 1st day of March, 1930. Bert F. Hiser T.N. Marshall D.S. Michael In the Clerks Office of the County Court of Grant County, West Virginia, February 8th, 1932. This day E.L. Judy, Attorney for Charlotte P. Weimer, produced to the Clerk a paper writing purporting to be the last will and testament of O.J. Weimer, deceased, and upon motion of E.L. Judy, Attorney for Charlotte P. Weimer said will was proven by the oaths of Bert F. Hiser and D.S. Michael, subscribing witnesses thereto, and ordered to be recorded according to law. Given under my hand this the 8th day of February, 1932. Paul A. Leatherman, Clerk County Court |