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HomeMy WebLinkAbout1838_BITZER_ELIZABETH_69_339_08-22-1946,IfJ! AU~henti~ted Copy or WILL Of Mrs.Elizabeth Bitzer Dooeo.sed Raymond 1..Falland, Clerk Of County Court, Ohio County,Wheeling,W.Va./~~&f . .:;1:4 ~'/+JJ/ Mrs.Elizabeth Bitzer "Will". I,Elizabeth Bitzer,wir~of John F.Bitzer,of Elm Grove,Ohio County,West Virginia,being of sound and disposing mind and memory,do hereby make,publish and declare this to be my last will and testament, hereby revoking all other wills heretofore made by me. First.I direct that all my just debts aLd funeral expenses my shall be paid by my duly appointed executors as seon after~death as is convenient. Second.All the rest,residue and remainder of my worldly pos- sessions of whatever nature and wherever found (with the exceptions hereinafter provided),which said rest,residue and remainder includes bonds and moneys deposited in banks to my credit,shall be divided equally among my four children,namely,Lester Earl Bitzer,of Elm Grove,West Virginia;Mary Black,wife of Charles Black,of Triadelphia, West Virginia;Grace Esmeyer,wife of William Esmeyer,of Elm Grove, West Virginia;and William Charles Bitzer,of Wheeling,West Virginia, share and share alike,or to their children if deceased.Should any of my four children above mentioned die before me,leaving surviving issue,then I direct that their share be given to their children,if any.In the event any of my children above mentioned die before me, without leaving issue,then his or her share of my estate shall be divided eQually among my surviving children. Third.I bequeath all my clothing and other personal apparel shall be divided equally between my two daughters,namely,ary Black and Grace Esmeyer heretofore mentioned,share and share alike. Fourth.I appoint Lester Earl Bitzer and William Charles Bitzer to be joint executors of this my last will and testament,and I desire that they be exempt from giving a surety or sureties upon their official bond. In Witness "Whereof I have hereunto aft'ixed my signature at Elm Grove,Ohio County,West Virginia,this 16th day of October,1933. Mrs Elizabeth Bitzer Book 22 page 357 Signed and acknowledged by the said Elizabeth Bitzer as and for her last will and testament in the presence of us,who,at her request and in her presence,and in the presence of each other at the same time,have hereunto affixed our signatures as attesting witnesses thereto,this day of October,1933. Robert.G.McCarter W.K.Breckenridge Witnesses. Note:The interlineation in the foregoing writing is copied verbatim from the original copy left in this office for recordation. Teste: Raymond J.Falland Clerk. A True Copy:Teste: Book 22 Page 35? County - 2 - West Virginia. In Probate. Office of the Clerk,County Court,Ohio County,state of West Virginia. In the Matter of the Probate of the Will of Elizabeth Bitzer,deceased. Order Filing Will,Petition For Probate and Waivers. On this 24th day of January 1942,came Lester Earl Bitzer and William Charles Bitzer by their attorney,ChesterR.HUbbar,d,and tendered for filing a paper writing bearing date the 16th day of October,1933,signed by Elizabeth Bitzer,deceased,and p~porting to be her last will and testament,and the petition for probate there- of and the waivers of assent thereto. Thereupon the said Lester Earl Bitzer and William Charles Bitzer by their attorney accordingly moved that said will,petition and waiv- ers be filed.And there being no objection,they hereby are filed and it is accordingly ordered that the matters arising on said petition be,and they hereby are,set for hearing on the 24th day of January 1942. Raymond J.Falland Clerk. A True Copy:Teste: Book 32 Page 21 MVL Count est Virginia. Office of the Clerk,County Court,Ohio County,state of West Virginia. In the Matter of the Probate of the Will of In Probate. Elizabeth Bitzer,deceased. Order Probating Will. On this 24th day of January 1942,came on for hearing the peti- tion for probate heretofore filed in this proceeding and from the facts therein set forth and rrom the evidence of Robert G.McCarter duly taken,the Court finds that the decedent,Elizabeth Bitzer,a resident of this County,died in this County on the 7th day of December, 1941,and that all of her heirs and next of kin and persons iLterested in said Will,and all persons who would have been interested in her es tate if she had left no such will,are now duly before the court. And the court thereupon proceeded to consider the petition for probate. And the said Robert G.McCarter having deposed and said that he did subscribe his name as attesting witness to the last will of the said Elizabeth Bitzer,in her presence and at her request,and in the presence of W.K.Breckenridge,Who is now out of this junisdiction of this court;and that the said W.K.Breckenridge did also sign his name as an attesting Witness;that on the 16th day of October,1933,the said Elizabeth Bitzer was of sound and disposing mind and memory,on motion of Lester Earl Bitzer and William Charles Bitzer by their at- torney,Chester R.Hubbard,it is ordered that the said writing be, and the same hereby is established,probated and admitted to the record as and for the last true will and testament of the said Elizabeth Bitzer,deceased,as a will as to her entire estate.It is furtber Ordered that upon taking oath,Lester Earl Bitzer and William Charles Bitzer be,and they hereby are,appointed joint executors of the said last will without security on their official bonds. Raymond J.Falland Clerk. A True Copy:Teste: Book 32 Page 21 _-cf-"~WfJ-..c..J..:.~.L6~.}Ift.==:.~tU-L:::::::..==::;;;~~~~:---Cler k West Virginia. FORM 13 " UNITED STATES OF AMERICA j;tatr of mrst lftrgtnta.OO!tio mountg,e.ct: 1,Raymond J.Falland,Clerk ofthe County Court ofsaid County,in said State,do hereby certify that the foregoing is a true and exact copy of the Last Will and Testament of Mrs.Elizabeth Bitzer,deceased,which is of record in the office of the Clerk of the County Court of Ohio County, West Virginia,in Will Book No.22 at Page 357,and of the orders of the County Court of said County,admitting the same to probate and recordation and all other proceedings had therein,together with Letters Testamentary issued to Lester Earl Bitzer and William Charles Bitzer, as Executors of the Will of Mrs.Elizabeth Bitzer,deceased, asappearsfromthe Will and Fiduciary records now in tny office;and I further certify that I arn the legal custodian of said records of Wills and Fiduciaries, WfTN'ESS n~y hand and the seal ofsaid Court,this 23rd ~ day gf July .fl.D.19 46.. ~r?,L~!;j~Clerk ~tatr of IItHt llIirginta.(@!tio (!lounty.~rt: 1,Raymond J.Falland,ex-officio sole Jl~dge of the COLfJnty COLfJrt of said Cuul'dy,in said State,do hel'elJy certify thccl RCfJynwn/d J.Falland,Clerk,whose g'enu·ine signatLfJre is affixed to the foregoing ce7'tificcfJte,is the duly qLfJcfJlified and etcting Clerk,and all the Clerk there is ofsaid COIfJrt and that the foregoing certificate and attestations are in dLw fonn of lctw. WITNESSrny hand ctncl the seal of said COIfJTt,this 23rd day-'of July .fl.D.1946. ~U; ~tatt of IItst ]lirgillia,(@1ttn (!lountg.~rt: L Ro/ymond J.Falland,Clerk ofthe County Court ofsaid County in said tette,do hereby certify that Ray7nond J.Falland,whose genLfJine signatlfJre is affixed to the foregoing certificate,is ex-officio Judge and the only JlfJdge there is ofthe County Court of Ohio COIfJnty,State of West Virginia. WITHE§.S n~y hand and the seal ofthe said Court at Wheeling, this 23rd day of July .fl.D.1946. ~10 MVL ________------------------I ~'orm No.12 OFFICE OF CLERK OF THE COUNTY COURT Of Ohio County.State of West Virginia 1,RAYMOND J.FALLAND,Clerk of the County Court of said county, do hereby certify thatLe..s_t.er._~rl_J;li.:t.~_e~__~PJl iJ)..J~__9.h~~J._~_~__~~_~_~~~.)_ ~ethis day duly appointed and qualified as_~~_~~~?E_~__~~_~~~__~_~~~~~~_ _~~_<!__~~_~~~~_~_~__~_~_~~~__~~~~~_~_~~~__~~~_~_~~l _ deceased.Bond being given with/g~~roved security in the penalty of ._~_!_~~__~~~~~_~l~!?_~_~_~~~l __::~~~DOLLAR~ conditioned according to law,and to all acts done by the said Lester Earl Bitzer and William Charles Bitzer,as Executors of the Last Will and ~~_~_~~~_~_~__~~_~~~~_Jb~~_~!?_~~~__~;~~E?_~_L __~_~_~~~~_~_<!Jl _ full faith are due and ought to be given. lin Blitttt.a.a llIII~rrrnf.I have hereunto set my hand and affixed the....~ seal of said Court,at the City of Wheeling in the said County and ~tate,the--------2-~-~~----------day of__.~~~_~~~~_ A.D.,19_~_~_..:_ A True Copy:Teste: 2ik)G-»19 Page 299 MVL R~~~!!~__eI_'t__~~lJ,~~~t _ Clerk of said Court