WILL: W. H. Bowling, 1916 SOURCE: Nelson County, VA Will Book O, Page 60 CONTRIBUTOR: Bob McKinney ----------------------------------------------------------------- I, W. H. Bowling, being of sound mind and disposing memory do make and declare this my last will and testament, hereby revoking all others here to fore made by me. 1st. after the payment of all just debts, I give to T. J. Payne in trust for my daughter, Jessie Fitzgerald, all of my property both real and personal, to be held by the said trustee for the use and benefit of my said daughter, Jessie Fitzgerald, during her natural life, or so long as she may live separate and apart from her husband, Harvie Fitzgerald, who is now in the State Prison for the murder or my daughter Sophronia. Now if the said Harvie Fitzgerald should get out of prison, my said daughter Jessie Fitzgerald is to make election between him and the property above given here in trust. If she elects to live with him again as his wife, then the estate hereby given her in trust shall seace (sic), and my executor is directed to proceed to sell all of my property and divide the proceeds equally between my children & grand children, the grand children to take the same part that their parent would have taken if living. If my said daughter do not take her said husband Harvie Fitzgerald again to live with, after his term of imprisonment has expired then the said trust for the use and benefit of my said daughter shall continue during her natural life, and at her death it shall be the duty of my executor to sell all of my property both real and personal and distribute the proceeds among my children and grand children as above provided. I hereby appoint T. J. Payne executor of this will given under my hand and seal this the 8th day of November, 1916. witness ) J. L Wood ) J. N. Campbell) his W. H. Bowling (seal) Mark Virginia: In the Circuit Court of Nelson County, May 29th 1917 T. C. Payne Exor of W. H. Bowling Dec'd & Jessie Fitzgerald Contestants Ado, Melvinia D. Campbell and others. This day came the parties to this proceeding, by the Council and by consent of parties: a jury was waived and all matters of law and fact arising or the issue ordered at the last term were submitted to the Court, which upon consideration of the evidence introduced in behalf of both the contestants and contester, is of the opinion that the paper writing bearing date November 8th 1916 and offered for probate as the last will of W. H. Bowling dec'd is the true last will and testament of the said W. H. Bowling dec'd and doth order that the same be recorded as such. Thereupon, J. L. Wood, J. N. Campbell, Nit Massie, Herbert Campbell & Byron Massie were appointed appraiser of the said estate. And on motion of T. C. Payne the exor named in said will who made oath as the law directs and entered into a bond in the penalty of $600. conditional according to law with P. Campbell his surity, who justified on oath as to his suffering, which said bond being acknowledged by the obliges is ordered to be recorded, certificate is granted the said T. J. Payne for obtaining a probate of the said will in due form. Teste: E. L. Kidd, clerk ****************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************