| Will of James G. Evans, Deceased
I, James G. Evans, of near Greenland in Grant County, 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 expenses. First. I direct that all my just debts and funeral expenses be paid out of my estate as soon after my death as practical. Second. Subject to the payment of my debts and funeral expenses, I give, devise and bequeath to my wife Arnie G. Evans for and during her natural life unless she remarry all of my home place consisting of about 500 acres, more or less, known as the Cassady place where we now live, and all of my live stock, grain, hay and feed, farming implements, household and kitchen furniture, money, notes and claims and all other property of every kind and character that I may have at the time of my death other than my mountain place, and I also give, devise and bequeath to her my said wife during her natural life unless she remarry the income from the proceeds of sale of my mountain place hereinafter directed; and if my said wife should remarry then in that event I desire and give, devise and bequeath to her for life in lieu of the foregoing 1/3 of all of my property in value, real, personal and mixed, except as hereinafter provided, this in lieu of dower and what she may be entitled to under the law and not in addition to it, and in case of her remarriage I desire, ask and direct that her rights in my real estate be layed off and assigned in my home place so as to leave my mountain place clear of her rights, and if this be done she shall not be entitled to any part of the proceeds arising from sale of said mountain place; but the foregoing provisions are subject to the following paragraph or section of this will, and other provisions hereinafter shown. Third. My son Tracy J. Evans now owes me a note for Seven Hundred Dollars ($700.00) secured by a deed of trust on his real estate dated December 9, 1939 and of record in the office of the Clerk of the County Court of Grant County, West Virginia, and it is my desire that he be not required to pay the principal of said note, and I give, devise and bequeath to him all of the principal of said note, and should said note or any part thereof be paid by him to me before I die then I give, devise and bequeath to him the sum of Seven Hundred Dollars or whatever he may have paid on the principal of said note to reimburse him in the payment thereof or in partial payment thereon. And I give, devise and bequeath unto my daughter Florine Evans the sum of Seven Hundred Dollars ($700.00) so as to equalize her with my said son Tracy J. Evans in what they may receive more than our other children. Fourth. I direct that my � undivided interest in my mountain farm known as the Babb place be sold as hereinafter provided, but with this condition that if my sons Minor Evans, Lester Evans and Tracy J. Evans or either of them desires to purchase my interest in said mountain place at the price of $5,000.00 within one year after my death they or either of them may do so paying therefore $1,000.00 and the residue in four equal annual payments in one, two, three and four years with interest, in which event my Executrix hereinafter named or whoever may qualify instead shall make, execute and deliver to them or the one purchasing a deed for said property to be delivered upon receipt of the cash payment and notes for deferred payments, a vendors lien to be excepted, reserved and retained in the deed conveying the same to secure the deferred purchase money payments; and should they and each of them fail to so purchase said mountain place within one year after my death then I direct that my executrix hereinafter named or the person qualifying instead shall sell said mountain place either privately or at public auction (next 11 words I missed getting) execute deed therefore reserving vendors lien for such deferred payments, and after the death of my wife or her remarriage the principal of the proceeds arising from said mountain place shall be divided share and share alike among all of my said sic children Minor Evans, Lottie Weimer, Lester Evans, Susie Evans now Susie Burgeson, Tracy J. Evans and Florine Evans. My said sons Minor Evans, Lester Evans and Tracy J. Evans shall first have the right to purchase said mountain place and if they do not do so then either of them desiring may so purchase it if the other does not desire to do so. Fifth. After the death of my wife if she does not remarry I give, devise and bequeath all of my property of every kind and character then remaining share and share alike to all of my said six children Minor Evans, Lottie Weimer, Lester Evans, Susie Evans, now Susie Burgeson, Tracy J. Evans and Florine Evans equally subject to prior performance of all of the foregoing provisions. Sixth. And at the death of my wife if she should remarry and take any of my property under the law then I give, devise and bequeath all of such property which at her death may belong to my estate to all of my said six children Minor Evans, Lottie Weimer, Lester Evans, Susie Evans, now Susie Burgeson, Tracy J. Evans and Florine Evans share and share alike, subject to prior performance of all of the foregoing provisions. Seventh. I name and appoint my wife Arnie G. Evans as Executrix of this my last will and testament. Witness my signature on this the 6 day of January, 1940. James G. Evans Signed, published and declared by James G. Evans 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 6 day of January, 1940. W.F. Hiser E.H. Landis C.H. Hood In the Clerks Office of the County Court of Grant County, West Virginia, May 22nd, 1943 � In recess of said court: This day Lester S. Evans, produced to the Clerk a paper writing purporting to be the last Will and Testament of James G. Evans, deceased, and upon motion of Lester S. Evans, said Will was proven by the oaths of W.F. Hiser and C.H. Hood, two of the subscribing witnesses thereto, and ordered to be recorded according to law. Given under my hand this the 22nd day of May, 1943. Paul A. Leatherman, Clerk County Court |