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III CERT IFIED COPY.I
LAST WILL AND TESTAME}IT
~NOW,Jany.20th,1923,
Exemplification filed and I
reco rde d.
II
391Page36
J.E.SM ITH
CLERK COUNTY COURT
MIDDLEBOURNE,WEST VA.
D.E.CURRAN,DECEP8ED.
OF
Will Book #6,page 108.
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John Aiken tReg~ster.
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I Will Book
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I,Daniel E.Curran,of Sistersville,Tyler county,West Vir-
ginia,bein~of sound mind and memory do ma~e,publish and eoler
this my last Will and Testament,hereby revoking all former Wills
by me at any time heretofore made.
And as to my worldly estate and all my property,real,person~l
or mixed,of which I shall die seized and possessed,or to which I I
shall be entitled at the time of my decease,I devise,be ueath and
dis ose thereof in the manner follow in "to-wit:
First.~will is that all my just debts an funeral ex enses
shall,oy ny executrixes hereinafter n lhed,be aid out of y estate
as soon after my dece&se as shall by them be "'ound convenient;and
that a suitable monument to be selected by my wife and daughter if
they both or either of them survive me,be erected to my memory and
the same paid m~t for out of my estate as soon after y decease as
may be convenient and proper.
Secord.I devise and bequeath all my estate and effects what-
soever and Wheresoever,both real,personal and mixed,to which I
may be entitled,or which I may have power to dispose of at my de-
cease,unto my Wife,Ella A.Curran,one-third,to my au hter
ary A.Curran,one-third,and to my daughter Katherine Curran,one-
hereunderthird.If I should survive my said wife then the interest devised
t a her hall go to my two dau hters,share and share alike;if I
am survived by my wife and one daaghter,then the share of the
dau hter so deceased sha~l 0 to y said Wife an~d~ughter,share
and share alike;in other words,it is my will that my property of
all kinds be ivided equally between my ife and two dau hters,
.ary and Katherine,or if either one or more of them should not
survive me then the shares hereunder devised to the person or per-
Bons who ay not survive me shall go to the person or ersons who
do survive me as he re inbefore named.
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Third.I hereby nominate and appoint as 'uar ian of my
daughter Katherine,my said wife and daughter ~ary,and authorize
my said ~uardian to use and expend so much of the one-third interest
of my pro erty both real,personal and mixed whicb I h~ve devised
to my said daughter Katherine,for her maintenance and education;
and it is my desire that she be educated sUitably to her station in
life,and leave the matter as to how she shall be maintained and
educated to the sound judgment of my wife and said daughter Mary.
In the event of the death of my said wife or daughter ~ary,it is
my will that the survivor act es guardian as aforesaid.
Fourth.I hereby authorize and empower my executrixes herein-
after named to sell and dispose of my property,both real,personal
and mixed,and hereby authorize and empower them to make proper
transfers,execute eeds,or any other paper necessary to convert
the said property into cash.
Fifth.In regard to the management of my property,I leave it
solely 1 the hands of my said Executrixes hereinafter nan.ed,to
operate,to convert into cash,or do with it as they may deem most
advisable for the lnterests of my wife and two children or their
surv1vors.
La.stly.I do nominate and e.ppoint my said w'fe,Ella A.
Durran,and my daughter,Mary A.Curran,to be the Executrixes of
this my last Will and Testament,and do request that no bond be re~
qu1red to be given by them as such Executrixes;and in the event 0
the death of either of them,that the survivor act as my sole
Executrix of this my last Will and Testament.
In Testimony Whereof I,the said Daniel E.Curran have to this
my last Will and Testament,comained on 2 sheets of paper,sub-
scribed my name and affixed my seal,this the 11th day of arch,1914.
D.E.Curran (SEAL)
Signed,sealed,published end declared by the sa d Daniel E.
Curran as and for hi last Will an~Testament,who in the resence
of us and in the resence of each other have subscribed our names
as witnesses thereto:
J.H.McCoy
P.G.Swi er
I,DaLiel E.Curran,the Within named testator,do hereby make
and ublish this Codicil to my last Wil an:)Testament,bearing
date the 11th day of March,1914,in the manner following,to-wit:
First,I revoke so much of item "Secsnal"of my will,as would
ive the household and kitchen furniture and everythin contained
in my residence at this time,to be divided equally between my Wife)
Ella A.Curran and my daughters,~ary A.Curran an Katherine Cur-
ran,share and share alike;and ir-lieu of that rovision I hereby
devise and bequeath all 0 Iy ho sehold furniture,beds an b ddin ,
and everytl1ing in my residence on Chelsea street in Sistersville,
Tyler county,West Virginia,to y wife Ella A.Curran,to be her
sole and separate roperty forever.
I urther desire,and hereey amend y said will as fo lows:
Instead of devising to my said wife and two daughters (as stated in
my sai will)the house and lot in which I reside,on Chelsea
Street in Sistersville,Tyler C unty,est Virginia,t be wned by
t em jointly share and share alike;I devise and bequeath the said
house an lot to y wife,lla A.Curran,and to my daughter,
Katherine Curran,share and share alike)and in lieu of y dau hter
Mary A.Curran having a one-third share of the said house and lot,
as in my will devised,I give the said house and lot to my wife and
daughter Ella A.Curran and Katherine Curran,provided my said wife
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a:Jd daughter Katherine pDy to my s aid daughter ~.Iary P.CurrDn the
sum of Twelve Hundred Dollars f~1200.00)in lieu Jf her interest i
the said house nd lot.If my said wife and daughter Katherine do
not pay to my said daughter ~:Ery p.Curran the T....elve undred 011 rs,
then I will an bequeath the house and lot to my s aid wife and two
dau hters share and share alike.
I do here"oy rc;tify and confirm my said ,:ill in 511 other re-
spects.
In witness whereo I have hereunto set my han and ~eal,this
the 3rd daY of February,in the year of ur Lord,nineteen hundred
and fifteen.
D.E.Curran (SEAL)
Sighed,sealed,published and declared by the said Daniel E.
Curren as and for a Codicil tJ this his last will and testament,
in the resence of us:
J 0hn H.~cCoy
Grrce Soliday
State of West Virginia,
Clerk's Office of
The County ourt of Tyler County,8S:September 23,1922.
This day came,in vacation o~said ounty Court,Ella P.Curr
Mary P.Curran and J.H.~cCoy,and the said J.H.~ccoy presented
for probate a paper wri ting,bearin::r date the 11th day of :1arch,
1914,with codicil attcched thereto,earing ate the 3r day of
February,1915,urporting to be the lost Will and Testament with
codicil attached of D.E.Curran,who died at ~i3 known plEce of
residence in istersville,Tyler C unt},fest -ir~inia,on t~e 16th
day of September,1922 .
The execution of the said ~ritings WES ~rtially proved on the
oath 0_J.B.:'ICCOy,one o~the suoscribine?;~i tnesses thereto,nd
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it appearing that Arlen G.Swiger,the other subscribing T/!itness
to the said writing,bearin6 date the 11th dFy of ]arch,lj14,now
-resides at 317 w.99th St.,New York City,and that it is necessary
that the deposition of the said Arlen G.SWiger be taken in proof
of said Last Will and Testament of the said D.E.Curran,deceased,
it is therefore ordered that the said paper writing,purportin to
be the last ill and Testament of the said D.E.Curran,dece~sed,
be forwarded by regi8ter~d mail to the said Arlen G.SWiger,to-
I 'ether with the proper questions in proof thereof,~or the pur ose
of takin~his deposition,whioh deposition shall be taken and cert -
fied 8S depositions in other cases Ere t8~en and certified end sha 1,
when taken,together with ~he s i paper ~riting thereto affixed,te
returned by registered mail to th8 Clerk of the County Court of ,I
Tyler County.Said deposition shall be taken before a Notary Public
or such other person as may be authorized by statute to take 'eposi-
tions .
.And this matter is continued.
At t est:J.E.Sm i t h, CI·e r k .
DEPOSITIon OF ARLE~J G.SWIGER IN THE l1~TTER OF THE PROBATE OF THE
LA T ':ILL AND TESTArlE~lT OF D.E.CURRAN,DECEPPED.
Deposition of Arlen G.SWiger,taken before me,V'alter :Jeale,I
a Notarv Public in and for ~ew York County,State of iJew York,pur-J
suant to the order of the Clerk of the County Court of Tyler County,
Vi'est VirQ'i ni a,in t he rna.t t er 0 f t 1;e p rob ate 0 f t he 1as t Will and I
Testament of D.E.Curran,deceased,pursuant to the interrogatories
submitted wi th anll as a part of the said order on the 23r day 0.1.
Se tember,1922,to be used in the mutter of the probate o~said
will.
PRESEJT:Walter Neale,Notary Public,and Arlen G.Swi sr.
The said Arlen G.Swi-er bein duly sworn testified as follows
upon the interrogatories submitted.
Q:State your name,age,residence and occupation.
P:Arlen G.SWiger,Pge 35.317 West 99 St.New York Sity.Lawyer.
Q:VI"ere you acquainted with D.E.Curran,w::o resided at Sisters-
ville,Tyler County,West Vir inia,before his death.
P:Yes.
~:State ~hether or not you weTe one 0 the persons who witnessed
I w1lat pur orts to be the lest rill and Testament Ool the said D.E.
Curran,the originsl of which is herewith presented,bearing date
the 11th day of Jarch,1914,subscribed in your presence and the
presence of J.H.~cCoy.
P:Yes.
Q:State whether or not the said D.E.Curran subscribed the said
paper writing as and for his last Will and Testament in your pres-
ence and in the presence of J.H.McCoy;and whether or not you
an the said J.H.McCoy subscribed said will as witnesses thereto
at the reQuest of the said D.E.Curran,in his presence aId in th
".Hesence of eo.::;h other.
P:Yes.
Q:State whether or not,in your opinion,the said D.E.Curran,
the maker of said will,was of sound and disposin~ind and memory
st the time he subscribed the said writin~in the presence of your-
self and the said J.H.~cCoy,witnesses thereto,and wh9th~r he
was above the age of twenty-one years.
A:Yes.
Signed Arlen G.SWi~er.
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State of New York,
County of 1 ew York,to-wi t:
I,V;al ter :Jeale,a Notary Public in and or the County nd
Ctate aforesaid,do certify that the deposition of Arlen G.Swi er
was taken before nle,pursuant to t re order of the Clerk of the
County Court of Tyler County,West Virginia,in accordance with the
interrogatories therewith submitted,and which order and interro a-
tories are hereto annexed.
I further certify that the said Arlen G.SWiger,being by me
first duly sworn,testified in answer to the said interro~atories
as set out in the answers ther~to,as herein fully set forth and th~
the signature to the said deposition was,bv the said PrIen G.SWi-
ger,duly subscribed in my presence.
Given under my hand and notcsial seal,this 27th d6\T of Sep-
tember,1922.
(NOTPRIJIL ~EAL)V,alter 1:eale t·otary Public,New York
County'County Clerk's No.127
Register's No.3124
Commission Ex ires ~arch 30,1923.
My commission expires ~arch 30,1923.
State of New York,
County of Jew York,ss:
I,Jomes A.Done~an,Clerk of the County of New York,nd Iso
Clerk of the Su reme Court ror the said County,the same bein a
Court of Record,do hereby certify,That falter Neale w~ose name is
subscribed to the deposition or certificate of the proof or a~know-
ledgment of the annexed instrument,and thereon written,was,at
the time of taking such deposition,or proo:and acknowledgment,a
rotary PU~lic in and for such County,ulV commissioned and sworn,
and authorized by the laws of said State,to take der)osi tl ms an.
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to administer oaths to be used in any Court of said tate and for
general pur oses;and also to take acknowledgments and proofs of
deeds,of conveyances for land,tenements or hereditaments in said
State of New York.And further,th6t I am well aC1uajnted with the
handwriting of such Notary Public,and verily believe that the sio
nature to said de osition or certificate of roar or a~knowledgment
is genuine.
I?J TE2TT;.!'""TH 'fT ~Rd)F>I have hereunto set nJ:hand and affixed
the seal of the said Court an,}County,the 27 dey of '"'e t.1922.
(FFICI/l.L S~AL)James P.DoneJan Clerk.
State of ~est Vireinia,
Clerk's Office of
The Cou .ty Cour t of Tyler County,SS.
The aper writing,be~Hin-:,de.te the 11th dEY of Harch,1914,
I pur ortine;to he the Lc:s-:\Till and TestanJent of D.E.2urrrn,de-
ceased,was this day further partially proved by the jepostti'n of
Pr'en G.SWiger,one of t'e subscribing witnesses to said ~riting,
and this mbtter is continued.
Pttest:J."!I'.Smith,Clerk.
State o~West Vir~inia,
Clerk's Office 0
The County Court of Tyler C u.ty,ss.October 5,1922.
The Last ,'ill and Testament of D.E.Curran,dece&sed,having
been partially _roved by orders c.ade and entered in vacation o~
said County Court on the 23d day of Septem're r,1922,and on the
29th dey of September,1922,this day came,in vocation 0:said
County Court,Grace Soliday,one of the subscribin~wi tnesses to the
writine urJorting to be a codicil til the said Last Will and Testa
ment,and the execution of the sal!ie "as duly proved on the oath of
the sai ~race Soliday.Thereupon the said ~ritin~is established,
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rob&ted and admi tted to record as and for the Lc st \"111 an""Teste;,
ment o~the 8ai~D.E.Curran,deceased.
Mary".Curran,one of the ersons na ned i!1 said Last V:ill an
Testament as execu rix,bein·)'a non-resident of tl'is st5te,on re-
quest a the <:;aij Licry t.Curren,Elle t.0urr5n,t"'e o~her arson
named in said Last "i _an~Tvsta;r;ent &8 exeC1 trix the~eof,duly
~ua:i:~'ied as exec'ltrix of sa11 LEst ill anj Testament by ~akin6
the oath pnd,to~ether with J. J.MC~6Y c:..nu I.D re,sur o ies,
enterin~into and ackno~ledgin~a bond as such in the ens_ty of
wo Thousand Dollars,condi ioned according to B\,~~ich sa1j bon
is aI'roved as sufficient.Certi icate is thvrefore grE.nted i:.er
~or oLtainino letters testamentary on the estate of the decedent iq
..".c-In motion of the said executrix,i~is ordered that J.J.
form of law.
ay,V.H.~ye an~r.L.Sutton do,Lfter bejnQ dulj sworn for the
ur ose,ap raise in :::ur:rent :",!oney the es":.at{of the said dece ent
an return an inventory th:re-f ~rom un'er their ands to the Cler~
of the 00un y ~ourt of Tyler ())unty.
"t t est :J.::::.Cr.i t h,81er k •
~~t ~~~V'..,lJ6.e Ol.18SiJ lrolnla,
Co 'nty of Tyler,to-wi :
I,J.E.rllith,Clerk Ool the C0unty Court of Tyler 0ounty,
State aforesaid,a certify thht the foregoing is a true copy of
the Lest Will an~~estament 0 D.E.Curran,dece2s-j,toget _er
with the orders of probate ani 4 18lificEtion ~hereof,as the affie
appears ~uly o~record i~the Clerk's 0 fice &foresBij,in Vi 1
~ook ~o.6,at ;r~e 103.
Gi ven unie'my 2:5nd an:t }1e se&1 0:sa Li Coun'-:
J..e 15t1.day 0 January,1923.
iurt,<-1 is
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State of West Vir3inia,
County of Tyler,to-vit:
I,Lew \'.Well s,President of the County Court 0.1.Tyler Count ,
West Virginia,do certify thr the foregoing certificate of J.E.
Smith is in due form of,law c:nd that the s8i1 J.E.QI:~ith is the
Clerk of the County Court of Tyler County,West Virt:'inis,uly
elected,qualified and actin as such,and the proper officer to
make sai certificate;and that his signature thereto is aenuine;
and that,as such Clerk,he is the sole custo ian 0 the papers,
iled,documents,proceedings,records ~nd seal of said C~urt.
'itness my hand an the seal of.said Court £ffixed at Midd c-
bJurne,West Virginia,this 15th d&y o~J8nuary,P.D.1923.
~~":::""::-=--__~',--_-.,;~...:::...:::::=c..-<:-__,Pre s ident.
State of West Virginia,
County of Tyler,to-'it:
,J.E.Smith,Clerk of the County Court of Tyler County,
West Vir~inia,do hereby certify thft Lew h.Wells,whose sign5tur
a Jears on the fore oing certificate,is the President of the Coun~y
Court of Tyler County,West Vir,z;inia,duly crosen ond acting as
such in aecor ance with the laws of the state of ~est VirJini5.
II Wi tness my hand and th e secl of said Cb urt aff ixej at!'iddle-
'bourne,West Vir~inia,t is 15th day of January,P.D.923.
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Estate---o f'-
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Daniel E.Curran,
Deceased.
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McILVAINE,WILLIAMS &:McCREIGHT
ATTORNEYSATLAW
WASHINGTON,PENNSYLVANIA
the.
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Daniel Curran,
Deceased.
Affidavit as required under the
Fiduciaries Act,Section 58,Paragraph C.
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State of West Virginia,
County of Tyler.
Before me,the undersigned authority,a Notary Public
in and for said County and State,personally appeared ~~
Curran,who is known to me to be the widow of Daniel E.Curran,
deceased,and the executrix of his last Will and Testament,who
being dUly sworn according to law deposes and says that Daniel
E.Curran,also known as D.E.Curran,late of Sistersville,
Tyler County,West Virginia,is not indebted to any person
residing in the Commonwealth of Pennsylvania and that the entry
of satisfaction of the following mortgages of record in the
Recorder's office of Washington County,Pennsylvania,is not
made for the purpose of removing any of the assets of the said
Daniel E.Curran beyond the reach of any of the creditors in the
said Co~nonwealth of Pennsylvania.
1 Mortgage dated the lOth day of
February,1910,of record in Mortgage Book 123,
page 24,given by Etha F.Neil of Washington,
Pennsylvania,to D.E.Curran to secure an in-
debtedness of $600.00 payable in one year and
the property described in said mortgage is desig-
nated as lot No.52 in the Montgomery Plan.
&t..Mortgage da ted the _day of
January,1914,of record in Mortgage Book 138,page
463,given by Etha F.Neil to D.E.Curran to
secure an indebtedness of $1209.00,the property
described in the mortgage being designated as
Lot No.52 in the Montgomery Plan.
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And further affiant saith not.
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Sworn to and subscribed
before me this ~
day of January,1 9 2 3.
My Connnission expires iC?n=If N 4?~
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