I, Elizabeth A Burgess, of near Streby, in the county of Grant and State of 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 of my just debts and funeral expenses be paid out of my personal estate, if sufficient, and if not, then from my real estate.
Second, I give, divise and bequeath to Bessie Weimer Berg, during her natural life and after her death to her bodily heirs, all of my interest in the dwelling house and out buildings and all the contents of said dwelling house and out buildings, including cans and jars; and I also give, devise and bequeath to the said Bessie Weimer Berg, a two-thirds undivided interest in and to all of my real estate, subject however, to the foregoing provisions and the condition that the said Bessie Weimer Berg shall pay to Dorothy Myers, the sum of Twenty-five dollars, as hereinafter provided, and I charge and place a lien on the interest in said real estate so willed to her for the purpose of securing the payment of said amount of Twenty-five dollars, to the said Dorothy Myers. The interest in the real estate herein devised and bequeathed to Bessie Weimer Berg, for and during her natural life and after her death to her bodily heirs, is a part or portion of the real estate owned jointly by myself and my sister Provy O J Burgess, deceased, and it is my desire that this real estate be divided and that the portion devised to said Bessie Weimer Berg, be divided so that the said Bessie Weimer Berg should have her share or interest adjoining the dwelling house and out buildings hereinbefore willed to the said Bessie Weimer berg, for and during her natural life and after her death, to her bodily heirs.
Third, I give, devise and bequeath to Carl E Weimer and John B Weimer, jointly a one-third interest in all of my real estate in fee and absolutely, subject however to the foregoing provisions and condition that the said Carl E Weimer and John B Weimer, shall each pay to the said Dorothy Myers, the sum of Twenty-five dollars, and I charge and place a lien on the real estate hereby devised for the purpose of securing the said amount of Twenty-five dollars to be paid by each of them to the said Dorothy Myers. It is my desire that in dividing this real estate that consideration be given the provision hereinbefore mentioned so as to give the said Bessie Weimer Berg, the lands adjoining the dwelling house and outbuildings.
Fourth, The remainder of my property, I devise and bequeath to Zetta Weimer, Alberta Weimer, Virginia Berg and Jean Berg to be divided equally, share and share alike.
Fifth, I give, devise and bequeath to Dorothy Myers, the sum of Seventy-five dollars, the same to be paid to her as hereinbefore provided by the said Bessie Weimer Berg, Carl E Weimer and John B Weimer, on account of the interest in the real estate hereinbefore willed to them, and I charge and place a lien on said real estate so willed to them to secure the payment of the said amount of seventy-five dollars to the said Dorlthy Myers.
Sixth, I name and appoint Paul A Leatherman, as Executor of this my last Will and Testament.
Witness my signature on this the 3rd day of March, 1933.
Signed, published and declared by Elizabeth A Burgess, as and for her last Will and Testament, in the presence of us, who in her presence, at her request and in the presence of one another have hereto subscribed our names as witnesses, on this the 3rd day of March, 1933.
C H Hood
W F Hiser
In the Clerks office of the County Court of Grant County,
West Virginia, January 22nd, 1935 - In the recess of said court;
This day Paul A Leatherman, produced to the Clerk a paper writing purporting to be the last Will and Testament of Elizabeth A Burgess, deceased, and upon motion of Paul A Leatherman, said Will was proven by the oaths of C H Hood and W F Hiser, subscribing witnesses thereto, and ordered to be recorded according to law.
Given under my hand this the 22nd day of January, 1935
Paul A Leatherman
Clerk County Court