Will of Mary Frances Barton


I Mary F. Barton of Hardy, Bedford County Virginia Being of sound and disposing mind and memory do hereby make publish and declare this to be my last will and testament First: I desire that all my just debts be paid Second I desire that the family grave yard containing about one acre be reserved for ever, as a grave yard Third: I will and bequeath unto my Beloved Brothers J. W. Barton and A. J. Barton, Jointly, all my property both personal and real as long as each of them may live and at the death of either of them the other is to have all my property as long as he may live and at the death of the longest liver of these two, then I desire that my beloved brother, S. M. Barton shall have all my property as long as he shall live and at the death of these three J. W. Barton, A. J. Barton and S. M. Barton then I desire that all of my property both personal and real shall be divided equally between all of my legal heirs.
Given under my hand and seal this the 6th day Aug. 1931
Mary F. Barton

The above signature of the testator was made and the foregoing will acknowledged in the presence of us two competent witnesses, present at the same time, and we, the said witnesses do hereunto subscribe the said will on the date last above written in the presence of the testatrix and of each other at the request of the testatrix who was then of sound mind and over the age of twenty one.

O. H. Wright

W. C. Huddleston Virginia: In the Clerk�s Office of the Circuit Court of the County of Bedford, May 5th, 1939. This paper writing, bearing date the 6th day of August, 1931, purporting to be the last will and testament of Mary F. Barton, who is said to have died on the 1st day of May, 1939, was this day produced in said Office for probate and record: and thereupon O. H. Wright and W. C. Huddleston, the two subscribing witnesses to said paper writing appeared in said Office, and being first duly sworn, testified that the said paper writing was signed and acknowledged by the said Mary F. Barton, the testatrix as and for her last will and testament in their presence, all being present together, at the same time, and that the said paper writing was signed by the said witnesses in the presence of the said Mary F. Barton, the testatrix, and of each other, at the same time, and at the request of the said Mary F. Barton, the testatrix. Whereupon the said paper writing is admitted to probate and record as the true last will and testament of the said Mary F. Barton, deceased. S. M. Barton, the nearest heir to Mary F. Barton, single, who died on May 1, 1939, being her only surviving brother, there being no sister, by writing, signed by him, waived him right to qualify as Administrator with the will annexed of her estate and authorized and directed that A. C. Harris of Vinton, Va., qualify as such in his stead. And thereupon, on the motion of the said A. C. Harris, and pursuant to the request of the said S. M. Barton, he, the said A. C. Harris, is appointed Administrator of the estate of the said Mary F. Barton, deceased, with the will of the said Mary F. Barton, deceased, annexed. And thereupon the said A. C. Harris made oath to said will and as Administrator with the said will annexed and, with the United States Fidelity and Guaranty Company as his surety, entered into bond in the penalty of Eight thousand dollars, payable and conditioned as the law directs; which said bond was signed, sealed and acknowledged by the obligors thereto, the said A. C. Harris in proper person, and the said United States Fidelity and Guaranty Company, by Wm. P. Hurt, its true and lawful attorney. Whereupon certificate is grated the said A. C. Harris for obtaining letters of administration on the estate of the said Mary F. Barton, deceased, with the will of the said Mary F. Barton, deceased, annexed in due form. And said bond is approved and admitted to record.

Teste,
Deputy for V. W. Nichols, Clerk.







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