| Will of S. Arnold Stonestreet
I, S. Arnold Stonestreet, of near Streby in the County of Grant, State of West Virginia, do make this my last Will and Testament as follows: First, I bequeath to my wife Charlotte F. Stonestreet, the one sixth (1/6) quality value considered, of all my real estate (land), in fee, subject to certain conditions to its sale, as set forth further on in this paragraph of this will, in payment of the On Thousand Dollars, which said amounts she received from her father�s and mother�s (D. and Mattie C. Hawk�s) estate, all of which said money so received was used by me in ( ) for the land I now own and in making improvements thereon, and which according to an agreement between my wife Charlotte F. Stonestreet and myself, I was to use, without paying interest thereon, so long as we live together as husband wife, and that I should provide it if she survive me, she should hold that much in fee, in my real estate or that I should otherwise provide for its re-payment to her. Or that if I survive her I should pay to our children, without interest, during her life, the part of said amount legally due them. Should my wife Charlotte F. Stonestreet, desire to sell the part of my real estate (land) bequeathed her in fee she must first offer said land to each and everyone one of our four children and if none of them buy it, she may then sell to anyone who wishes to buy it, provided she receives more money and on near cash terms than any of our children are willing to pay for it. Second, I will that all of my lawful debts, other than that provided for in the foregoing paragraph, be paid together with my burial expenses and taxes for the year in which I die, if tax is not paid. Third, I bequeath to my wife Charlotte F. Stonestreet, all of the remainder of my property of every description, including real estate (land), personal property, and money, to have, to hold, and to use during the term of her natural life, provided she does not remarry, pays the taxes on said property and carries a reasonable amount of insurance on the buildings, on the farm. If any of the buildings be destroyed, the amount received as insurance for buildings destroyed shall either be used for rebuilding, or be deposited in bank, or loaned at interest, as a part of my estate, but my wife shall have for her personal use the interest accruing on insurance so deposited or loaned together wit the proceeds from insurance on personal property destroyed (personal property includes contents of buildings). She may continue the insurance I now carry if she desires, upon the foregoing conditions. Fourth, If my wife remarries she shall have in fee the one sixth of my real estate as set forth in the first paragraph of this will for the purpose therein specified and in addition thereto, she shall have as dower, on third 1/3 of my real estate and one third (1/3) of my personal property to have to hold and to use, during the term of her natural life, Said one third bequeathed as dower and one sixth bequeathe3d in fee, to adjoin, and together to be either my Mallow land, or my home place, before buying the Mallow land, as she may choose to have it. The buildings on the part of the land chosen are to be on the dower land and my wife Charlotte F. Stonestreet and her second husband shall be bound to keep said buildings and dower land in good condition and carry insurance on buildings on exactly the same terms specified in the third paragraph of this will Fifth, At the death of my wife Charlotte F. Stonestreet, if she has not remarried, all of the real estate (land) and all of the personal property and money I bequeath her to use during her natural life, or should I survive her all of the real estate (land) and all of the personal property and money, over and above enough to pay my lawful debts, taxes and burial expenses, of which I die seized, shall be divided and apportioned among our four children as follows (First) Our second son Virgil F. Stonestreet shall have the equivalent of Five Hundred Dollars in land, money, or property or part of all three whichever may be most suitable and convenient in partitioning my estate. (Second) All of the remainder of my real estate (land) and all of my personal property and money shall be equally divided among my four children Melvin H. Stonestreet, Virgil F. Stonestreet, Hattie V. Stonestreet and Viola C. Stonestreet. Provided however that if the other three children wish to pay, and do jointly pay Virgil F. Stonestreet Five Hundred Dollars out of their own means, then the entire estate shall be equally divided among the four children. But none of my children shall sell his or her share in the real estate (land) I bequeath said children, to any person, not a brother or sister, at any time within four years after the death of their mother, if she survive me, or within four years after my death if I survive her, except upon the following conditions, If all of my children wish to sell all fo the land I bequeath them, to some one, not a brother or sister, they may do so at any time after the death of their mother, if she survives me or after my death if I survive her, or if some one or more of my children have bought the interest of the other children, thereby owning all of the land I bequeath to my children. The child or children so owning all of said land may, after offering to sell the land back to those from whom they have bought and being refused, sell sell the said land, to some person not a brother or sister, before the expiration of four years after the death of their longest surviving parent. But said land shall not be sold to any one not a brother or sister, for a lower price or on longer terms than the price asked a brother or sister or offered by them. Any of our children may buy the interest of any brother or sister at any time after the death of both my wife and myself. Sixth, If my wife Charlotte F. Stonestreet should remarry, Then after she has received the one sixth (1/6) of my real estate in fee as provided in the first paragraph of this will and the one third (1/3) as life dower, together with the one third of my personal property as dower. All of the remainder of my land and property and money shall be divided among my four children in exactly the same way as set forth in the foregoing paragraph of (missing next 2 lines). The dower land and property reverting to them shall be equally divided among them. The conditions as to the sale of the land bequ3athed them shall be the same as those set forth in the said fifth paragraph. Seventh, If I should at the time of my death owe so much that, after my wife has received the amount of personal property exempt by law, there should be personal property enough left to pay my lawful debts and it becomes necessary to sell a part of my real estate (land) to pay the remainder of said debts, My wife Charlotte F. Stonestreet and my son Virgil F. Stonestreet are hereby jointly authorized to sell, privately, if possible to do so, or publicly, if necessary to do so, so much of said real estate as is necessary to pay said debts. If sold privately such sale must be at a price that is just and equitable, giving such of my children as may wish to buy, the first refusal of doing so. The one sixth of my real estate bequeathed my wife in fee, under the provisions of the first paragraph of this will shall be one sixth of all of the real estate I now own, and not subject to my debts, provided for in this paragraph. If sale of a part of my real estate (land) be necessary, Then after my wife has received the one sixth in fee and the debts have been satisfied, the remainder of my real estate shall be subject to the provisions as to its inheritance, partition and sale as set forth in the third, fourth, fifth and sixth paragraphs of this will, or the parts of said paragraphs, depending upon which parts of said paragraph meet the conditions existing and provided for at the time of such partitions. If it be necessary to apply the provisions of this paragraph in paying my debts, and the conditions provided for in the fourth paragraph exist. It may be necessary to give to my wife, as dower a part of both my Mallow land and my former home place, but not to include the buildings on both. I hereby revoke all former Wills and appoint Charlotte F. Stonestreet and Virgil F. Stonestreet as my executors. Bond beyond the sume of $1800.00 shall not be required of them. Witness my signature and seal this 22nd day of January, 1931. S. Arnold Stonestreet (Seal) S. Arnold Stonestreet, did in our presence this 24th day of Jan. 1931, publish and declare the foregoing will, dated Jan. 22, 1931, to be his last will and testament. Margie Boggs � Witness to Will L.W. Rexrode � Witness to Will CODICIL I, S. Arnold Stonestreet of near Streby in the county of Grant, State of West Virginia, do make this Codicil amending or changing certain paragraphs of my will of Jan. 22, 1931, as follows. Having together with my son Virgil F. Stonestreet, purchased a tract of land of Walter Evans, containing 158 A 80 sq. rds. More or less I therefore Amend or change paragraphs five and six in regard to my son Virgil F. Stonestreet having five hundred Dollars more in my estate than each of my other children as follows. The said Virgil F. Stonestreet shall at my death have my one half undivided interest in the tract of 158 A 80 sq. rds. More or less but if there should still be a part of the purchase price of said land or rather a part of the money we jointly borrowed to pay for the said land, remaining unpaid at the time of my death then the said Virgil F. Stonestreet shall pay the amount remaining unpaid at the time of my death. He, (Virgil F. Stonestreet) shall not have the Five hundred Dollars, set forth in said will of Jan. 22, 1931, and the land owned by me, before the purchase of the 158 A 80 sq. rd. tract shall be equally divided among my four children according to the terms of said will. It is not my intention to alter the said will in any way except that Virgil F. Stonestreet shall have my one half interest in the land bought of Walter Evans instead of the Five Hundred Dollars advantage allowed him in said Will. S. Arnold Stonestreet (Seal) S. Arnold Stonestreet did in our presence this 7th day of January 1933 publish and declare the foregoing to be a codicil amending his will of Jan. 22, 1931. L.W. Rexrode � Witness to Codicil Margie Boggs � Witness to Codicil I, S. Arnold Stonestreet, do hereby make this as the second codicil to my last will and testament bearing date January 22, 1931, that is to say that in the division of my property amongst my children provided for in my said will I desire, request and require that the share of my son Virgil F. Stonestreet be laid off so as to take in and include the dwelling house, barn and outbuildings recently remodeled or built by him and where he is expected to move in the near future, and in doing so that the value of such dwelling house, barn and out buildings be deducted and not counted against him because of the expense incurred by him in their construction and that he have a full share of my property exclusive the value of such dwelling house, barn and out buildings; and in all other respects my said will heretofore made with the first codicil hereof shall remain in full force and effect. Give under my hand on this the 8th day of December, 1936. S. Arnold Stonestreet Signed, published and declared by S. Arnold Stonestreet as and for the second codicil to 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 (blank) day of December, 1936. L.W. Rexrode Lillian Hill Margie Boggs To the Clerks Office of the County Court of Grant County, West Virginia, September 23rd, 1937 � In recess of said court: This day Virgil F. Stonestreet, produced to the Clerk a paper writing, purporting to be the last Will and Testament of S. Arnold Stonestreet, deceased, and upon motion of the said Virgil F. Stonestreet, said will, was proven by the oaths of Margie Boggs and L.W. Rexrode, the subscribing witnesses thereto, and ordered to be recorded according to law. And this day, Virgil F. Stonestreet, produced to the Clerk two paper writing, purporting to be Codicils to the last Will and Testament of S. Arnold Stonestreet, deceased, and upon motion of Virgil F. Stonestreet the first Codicil dated January 7th 1933, was proven by the oaths of Margie Boggs and L.W. Rexrode the subscribing witnesses thereto and the Second Codicil, dated December 8th, 1936, was proven by the oaths of L.W. Rexrode, Lillian Hill and Margie Boggs, the subscribing witnesses thereto, and ordered the two codicils to be recorded along with and as a part of the last will and testament of said S. Arnold Stonestreet, (rest is missing). |