Isle of Wight County, VA - Wills - Calvin D. HOLLADAY [Jr.] 5 Jan 1945 ----¤¤¤---- Isle of Wight Co., VA, Will Book 35, page 484 Will of Calvin D. Holladay I, Calvin D. Holladay, of Isle of Wight County, Virginia, being of sound and disposing mind, do hereby make, publish and declare this to be my last will and testament, hereby revoking all wills by me at any time heretofore made. FIRST: I desire and direct that all my just debts be paid, if I shall owe any at my death. SECOND: I direct that my executor, by this will appointed, use out of my estate at the time of my death the sum of $500 in providing for me suitable burial and interment, and for the erection of a proper tombstone, and the maintenance of my family cemetery lot, located on the Old Holladay Home Place upon which I now reside. THIRD: I give, devise and bequeath unto my brother, Walter J. Holladay, my farm upon which I now reside in Isle of Wight County, Virginia, the same being the farm which was devised to me and my said brother, Walter J. Holladay, by our father, said farm being now owned by me. FOURTH: I give, devise and bequeath unto my brother, Walter J. Holladay, all of my right, title and interest in and to a certain insurance policy on the life of the said Walter J. Holladay, the same being for the sum of $1,000.00, and the said insurance policy having been written on his said life by the Life Insurance Company of Virginia. FIFTH: Should my brother, Robert L. Holladay, have any claim whatsoever against me or my estate at the time of my death, I direct that my said executor offset any such indebtedness against the amount which the said Robert L. Holladay owes or shall owe me before my executor releases any of the claims and demands which I have or may have against the said Robert L. Holladay, as hereinafter provided. After all such offsets are made, I hereby direct my executor to release any and all claims and demands which I may have against my brother, Robert L. Holladay, at the time of my death for loans and advancements at any time made by me and to surrender all evidence of such indebtedness, if any there be, to said Robert L. Holladay, or his personal representative, it being my desire that he shall not be called upon to pay back any sum that he may apparently owe me, except by way of offsetting same against any claims, if any, he shall have against me or my estate. SIXTH: I desire to dispose of the proceeds of that certain life insurance policy written by the Life Insurance Company of Virginia on my life for $1000.00, in the following manner; First, I give devise and bequeath the sum of One Hundred Dollars ($100.00) thereof to my nephew, Robert L. Holladay, Jr., for and during the term of his life, with the express power granted to him to dispose absolutely of said amount thereby devised to him, should he so desire, provided, however, that in the event the said Robert L. Holladay, Jr., should precede me in death, or if he should die before the said sum of $100 herein devised to him shall be expended, then I give the said sum or any unexpended portion thereof, as the case may be, to my brother, Robert L. Holladay, Sr. Second, I give devise and bequeath unto Bettie M. Holladay, the wife of Walter J. Holladay, the sum of $500.00 of the proceeds of that certain life insurance policy written by the Life Insurance Company of Virginia on my life for $1000.00. Third, I give devise and bequeath the remainder of the proceeds of said life insurance policy written on my life by the said Life Insurance Company of Virginia to my nephew, Robert L. Holladay, Jr., for and during the term of his life, with the express power granted to him to dispose absolutely of said amount hereby devised to him, should he so desire, provided, however, that in the event the said Robert L. Holladay, Jr., should precede me in death, or if he should die before the said sum herein devised to him shall be expended, then I give the said sum or any unexpended, then I give the said sum or any unexpended portion thereof, as the case may be, to my brother, Robert L. Holladay, Sr. It is my intention that out of the proceeds of the said $1000.00 life insurance policy written by said Life Insurance Company of Virginia on my life, that the $100 bequest to Robert L. Holladay, Jr., for and during the term of his life as aforesaid, shall be paid first, and that the $500 of the proceeds of said insurance policy devised to Bettie M. Holladay be paid before anything further is paid to the said Robert L Holladay, Jr. or Robert L. Holladay, Sr. under this clause of my said Will. It is my express intention that the bequests made under this clause of my will shall be paid solely from the proceeds of said life insurance policy on my life written by the Life Insurance Company of Virginia, and that none of said bequests contained in this clause shall be paid in any manner out of any other part of my estate. SEVENTH: All the rest and residue of my estate not herein disposed of, every kind and description, in possession, expectancy or action, I give, devise and bequeath in fee simple and absolutely to my brother, Walter J. Holladay. EIGHTH: In case my brother, Walter J. Holladay, shall not survive, me, or in the event it shall be impossible to determine which of us died first, I made the following disposition of those parts of my estate which I have herein devised unto my said brother, Walter J. Holladay, in the third, fourth, and seventh clauses of this my last will and testament, namely: I give, devise and bequeath all of the said estate mentioned and described in the said third, fourth, and seventh clauses, of this my last will and testament unto the children of the said Walter J. Holladay, namely Walter J. Holladay, Jr., Carlton E. Holladay, and Edward N. Holladay, in equal portions, which said part of my estate includes the old Holladay farm upon which I now reside, the $1000.00 life insurance policy on the life of the said Walter J. Holladay written by the Life Insurance Company of Virginia, and all of the rest and residue of my estate of every kind and description mentioned in the seventh clause hereof. NINTH: I hereby nominate and appoint my nephew, Carlton E. Holladay of Wakefield, Sussex County, Virginia, executor of this my last Will and Testament with full power and authority to execute the same according to its true and intended meaning, and having perfect confidence in his judgment and integrity, I direct that said executor shall not give security. Given under my hand and seal this 20th day of February, 1941 Calvin D. Holladay (Seal) The above signature of the testator was made in the foregoing will was acknowledged to be his last will and testament by the said testator, in the presence of us, three competent witnesses, present at the same time; and we the said witnesses, do hereby hereunto subscribe the said will on the date last above written, in the presence of the said testator, and of each other, at the request of the said testator, who was of then of sound mind and over the age of twenty one years. H. P. Minga V. W. Hines Carlton E. Holladay VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ISLE OF WIGHT COUNTY, JANUARY 5TH, 1945. A paper writing purporting to be the last will and testament of Calvin D. Holladay, deceased, was this day presented for probate by the executor therein named, and was proved by the oath of H. P. Minga, one of the subscribing witnesses thereto, in the manner prescribed by law; thereupon said paper writing was ordered to be recorded as the true last will and testament of the said Calvin D. Holladay, deceased. TESTE: R. A. Edwards, Clerk ********* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the US GenWeb Archive by: J. Curtis Fruit jfruit@cox.net [HINES, HOLLIDAY, MINGA]