Patrick County Virginia USGenWeb Archives Wills.....Martin, Ella R. Foley April 27, 1955
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File contributed for use in USGenWeb Archives by:
Ron Martin cindyandron@bellsouth.net August 20, 2021, 10:22 pm

Source: Will Recorded In The Patrick County Circuit Court Clerk's Office
Written: April 27, 1955
Recorded: November 18, 1955

  I,ELLA R. FOLEY MARTIN, of Patrick County, Virginia, being of sound and 
disposing mind, do make, publish and declare this my LAST WILL AND TESTAMENT, 
hereby revoking any and all wills or codicils heretofore by me made.
  ITEM ONE:  I direct that all my just debts shall be paid as soon after my 
death as is reasonably possible.
  ITEM TWO:  I give, devise, and bequeath to my husband, Charlie Bishop Martin, 
his courtesy rights in my property as allowed by the laws of the Commonwealth of 
Virginia, to be distributed and paid to him by him by my hereinafter named 
executor out of the proceeds of my property either in kind or in the division of 
the proceeds at the election of my said executor.
  ITEM THREE:  All of the rest and residue of my property, real, personal, or 
mixed, and wherever situation, including money, personal property, and personal 
effects, land, and other property of every kind, I give, devise and bequeath to 
my six children, McCoy Foley, Herman Foley, Gladys Foley Burkins, Vera Foley 
Morrison, Juanita Foley Burmiester, and W.L. Foley as their property absolutely, 
share and share alike.
  ITEM FOUR:  I hereby give to my hereinafter named executor of this my will 
full power to carry out the terms of this will, with full power to sell any real 
estate that I may own at my death, either at private or public sale, and to 
divide the proceeds resulting therefrom according to the interest of the parties 
above.   He is hereby specifically given full power to sell the said real estate 
as foresaid and to make deeds to the same as fully and completely as such 
executor of my estate as I could do were I alive.
  ITEM FIVE: I hereby constitute and appoint my son, McCoy Foley, to the 
executor of this my last will and testament, and direct that only a nominal bond 
be required of him for the faithful performance of his duties as executor.
          IN WITNESS WHEREOF, I have signed this will on the 27th day of April, 
1955, in Patrick County, Virginia.

                                           Ella R. Foley Martin     (SEAL)

         Signed, sealed, published, and declared as and for her last will and 
testament by the testatrix, Ella R. Foley Martin, in our presence, and we, in 
her presence and in the presence of each other, and at her request have hereunto 
affixed our respective signatures as attesting witnesses this 27th day of April, 
1955.

      Vada M. Foley                         Stuart, Va., Rt. 8
      Howard C. Pilson                      Stuart, Va.

  VIRGINIA:  In the Clerk's Office of the Circuit Court of Patrick County, 
                              November 18, 1955
             A paper-writing bearing date the 27th day of April, 1955, and 
purporting to be the true last will and testament of Ella R. Foley Martin, late 
of the County of Patrick, who departed this life on October 29, 1955, was this 
day produced for proof and probate.
            And thereupon appeared Howard C. Pilson, one of the two competent 
attesting witnesses to said will, and being first duly sworn testified that they 
the said Howard C. Pilson, Vada M. Foley and Ella R. Foley Martin were together 
personally present at the same time, and in the presence of each other, when she 
the said testatrix, signed said paperwriting and declared the same to be her 
will.
           And the said Howard C. Pilson further testified that on the 27th day 
of April, 1955, the day said paper-writing beards date, the said Ella R. Foley 
Martin was of sound mind and memory and capable in all respects of making and 
executing a will.
           The signature of Vada M. Foley the other subscribing witness thereto 
was also proven by the oath of the said Howard C. Pilson.
           The said paper-writing is is theretofore considered by the Clerk to 
be fully proven as and for the true last will and testament of the said Ella R. 
Foley Martin, deceased, and is accordingly admitted to probate and ordered to be 
recorded as such.
           Thereupon came McCoy Foley named as Executor in said will, principal, 
with Walter L. Wright, his surety, and acknowledged a bond in the penalty of 
Fifteen Hundred ($1500.00) Dollars, conditioned as prescribed by law, which said 
bond is approved by the Clerk and ordered to be recorded.
           The said Executor then took the oath as such personal representation 
and filed a list of the heirs of his said decedent as required by law.
           It is further ordered that C.W. Pilson, Lester Adams, Walter Wright, 
Ophus Morrison, and Alvis Shelton to be, and they hereby are, appointed 
appraisers, any three of whom may act, after being first duly sworn for the 
purpose will appraise the estate of said decedent and make report thereof as 
required by law.
          
                 A copy,
                                 Teste:  L.W. Hopkins, Clerk

VIRGINIA:
        In the Clerk's Office of the Circuit Court of the County of Patrick:  
Estate of Ella R. Foley Martin, deceased.
        I, the undersigned, was this day qualified before the Clerk of the 
Circuit Court of the County of Patrick as Executor of the estate of Ella R. 
Foley Martin, deceased, late of the County of Patrick, Virginia, on my oath do 
say that I have made diligent inquiry and that I believe the following to be a 
true and correct list together with the ages and the addresses of the heirs of 
my decedent Ella R. Foley Martin who died testate on October 29, 1955.

        NAME                  AGE           RELATIONSHIP ADDRESS
Charlie B. Martin              67            widower     Route 4, Stuart, Va.
McCoy Foley                    37            son         Route 2, Stuart, Va.
Herman Foley                   35            son         Route 2, Stuart, Va.
Gladys Foley Burkins           34            daughter    Baltimore, Maryland
Vera Foley Morrison            33            daughter    Route 2, Stuart, Va.
Juanita Foley Burmiester       31            daughter    Baltimore, Maryland
W.L. Foley                     24            son         Route 2, Stuart, Va.

         Given under my hand, this 18th day of November, 1955
                                            McCoy Foley
                                            Executor
         Subscribed and sworn to before me, this 18th day of November, 1955. 
                                            L.W. Hopkins, Clerk
             In Patrick County Circuit Court, Virginia November 18, 1955
         This list of Heirs was this day received in this office aforesaid and 
admitted to record.

                                 Teste:           L.W Hopkins, Clerk

Additional Comments:
Assets listed in a separate item were a vanity, chest, bedroom suit, living room 
suit, organ, coffee table, sewing machine, wash stand, cupboard, cabinet, 
washing machine, refrigerator, $223.67 in a First National Bank savings account, 
and $300 in Patrick County Bank.  Charlie Martin, her husband received $191 to 
pay the hospital bill.  Will book entries Book 15, Page 179 and 180.  Also Will 
Book 15, Page 294, Page 299, and Page 302.

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