Wayne County WV Archives Wills.....Perdue, J. M. December 26, 1942
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File contributed for use in USGenWeb Archives by:
Janet King JPerdue192@aol.com July 1, 2010, 5:12 pm

Source: Will Book 6, Pg. 209
Written: December 26, 1942
Recorded: August 23, 1943

LAST WILL AND TESTAMENT OF J. M. PERDUE, DECEASED
                           WILL
     I, J. M. Perdue of the town of Ceredo, Wayne County, West Virginia, being 
of sound and disposing mind and memory, make this my last will and testament 
revoking all former wills made by me and direct the payment of my just debts.
     FIRST; I give, devise and bequeath to my beloved wife, Tennie Perdue, all 
of my property and business interest that I may have or possess at the time of 
my death, and so long as she remains my widow or does not marry. If she 
remarries I want all my property sold and divided equally between my children 
and step-daughter, Sybie Rowe, and the share that would go to my son Raymond C. 
Perdue (deceased) is to be divided equally between his three children.
     SECOND: If I should die before the homestead is sold, I give my wife, 
Tennie Perdue, permission to sell the homestead and purchase a home elsewhere.
     THIRD; I appoint Darwin Perdue, my son, to be adminstrator for my estate 
and all accounts are to be settled out of Court.
                                           J. M. Perdue
Witness my signature this 26th day of December 1942
Mrs. Sherman Medley
Mrs. Drucilla Smith
     Signed, published and declared by J. M. Perdue, as and for his last Will 
and Testament in the presence of us, who in his presence, at his request, and 
in the presence of one another, have hereunto subscribed our names as witnesses 
this 26th day of December 1942.
STATE OF WEST VIRGINIA
WAYNE COUNTY COURT CLERK'S OFFICE,SS.
     THIS DAY the foregoing WILL was presented at my Office, and the same 
together with the Order of Probate thereon, was duly admitted to record, at 
11:35 A.M.
     Given under my hand this 23rd day of August 1943.
                                                         J. G. Lambert CLERK

     THIS DAY an instrument of writing purporting to be the last Will and 
Testament of J. M. Perdue, deceased, was presented to the Court for probate 
thereof.
     From evidence as adduced before the Court it appears that the said J. M. 
Perdue departed this life on or about the 4th day of August 1943 and that at 
the time of his death he was a citizen and resident of Ceredo District, Wayne 
County, West Virginia.
     Thereupon came Mrs. Sherman Medley and Mrs. Drucilla Smith the two 
subscribing and attesting witnesses therein who after having been duly sworn, 
deposes and says that the said J. M. Perdue published and declared the said 
instrument of writing to be his last Will and Testament and that the said J. M. 
Perdue signed his name thereto in our presence and that they as subscribing and 
attesting witnesses thereof signed their names thereto in the presence of the 
said J. M. Perdue and in the presence of each other.
     The Court being of the opinion that the said instrument of writing is the 
last Will and Testament of said J. M. Perdue, it is hereby ordered that the 
said instrument of writing be and the same is hereby admitted to probate as and 
for the last Will and Testament of J. M. Perdue, deceased, and the Clerk of 
this Court is hereby directed to record the same accordingly.
     Darwin Perdue was named in said Will to be the Executor thereof in person 
refused to accept the appointment as such Executor.
     On motion of Darwin Perdue, a son, Tennie Perdue the wife, the Court being 
of the opinion that she is a fit and proper person to act as such, was duly 
appointed as Administratrix, de-bonus-non with the Will attached, of the last 
Will and Testament of J. M. Perdue, deceased.
     Thereupon came the said Tennie Perdue in open Court and accepted said 
trust, entered into and acknowledged a bond in the penalty of the sum of One 
Hundred ($100.00) Dollars, conditioned as the law directs together with Darwin 
Perdue her surety thereon, thereupon the said Tennie Perdue took the several 
oaths as prescribed by law as such Administratrix, de-bonus-non.
     On motion of the Administratrix and the Court being of the opinion that 
they are fit and proper persons to act as such, it is hereby ordered that 
Willard Perdue, Jay Kendrick and Sherman Medley be, and they are hereby duly 
appointed as Appraisers of the Estate of J. M. Perdue deceased.
     Fiduciary settlement of the Accounts of the said Administratrix are to be 
made before B. L. Osburn, Commissioner of Accounts, Wayne County, West Virginia.

Additional Comments:
James Milton Perdue born 17 May 1872 Wayne Co., WV to Sylvester and Chloe Holt 
Perdue. He was married to Martha A. Perdue in 1896, she died in 1908. He 
married to Tennie Ball in 1909. James Milton Perdue is buried Dock's Creek, 
Wayne Co., WV.

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