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CLEMENT
Genealogy - |
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Will of James M. CLEMENT, dated 7 Nov 1848
Pittsylvania County, VA, Will Book 2, pages 320-322 Transcript by Tom Jones and Marna L. Clemons, August 2001 |
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I James M. Clement of the County of Pittsylvania and State of Virginia being of sound mind and in my ordinary state of health make my last Will and Testament in manner and form as follows: I give to my wife Catharine F. Clement all my Estate both real and personal including my interest in the dower property now held by my mother Nancy Clement for & during her widowhood and in case she should marry then I give her one half my Estate afforesaid forever to Will and dispose of as she may think proper & the other half of said Estate I give to Mary A. Smith and the heirs of her body forever and in case Catharine F. Clement should never marry then at her death I give to Mary A. Smith as afforesaid and the heirs of her body the whole of my afforesaid Estate. I appoint Vincent Witcher my sole Executor this my last Will and Testament In Witness whereof I have hereunto set my hand this 7th day of November 1848 Witness James
M. Clement I James Clemment of the County of Pittsylvania and State of Virginia do make this Codicil to the within Will. I hereby revoke and attest the within Will so fare as the within gift is made to my wife in case she marries again. and hereby give to her the wole of my Estate as herein provided for so long as she remains a widow and whenever she dies or marries then I give the whole of my Estate both real and personal as within aforesaid to Mary A. Smith didow of Albert G. Smith and the heirs of her body forever. In Witness whereof I hereunto set my hand and seal this 23 day of September 1852 Witness }
Jas M. Clement At a County Court held for the County of Pittsylvania on the 21st day of May 1860 the last Will and Testament of James M. Clement dec'd together with his Codicil thereto attached was brought into Court into Court in order to be proved whereupon the said will was proved by the three subscribing Witnesses thereto and the Codicil by V. Witcher a subscribing Witness and it is ordered that the said Will be recorded. and it appearing to the Court that Nancy Witcher the other subscribing witness to the said Codicil is unable from sickness to attend the Court it is ordered that a commission be issued to take the deposition of said witness annexed to the said Codicil or a copy thereof and directed to any person authorized by law to take depositions in other cases. Teste L. Scruggs clk The Commonwealth of Virginia to any Justice of the peace or Notary Public of Pittsylvania County Greeting Know ye that we trusting to your fidelity and provident circumspection in diligently examining Nancy Witcher one of the subscribing witnesses to the Codicil annexed to the Will of James M. Clement which was offered for probate at May term 1860 of the County Court of said County and which said Will and Codicil are hereto attached command you or any two or more of you that at such certain day and place as you shall appoint. you assemble yourselves and the witnesses aforesaid before you. you call and cause to come and diligently examine on the Holy Evangelist of Almighty God. and her examination unto our said Court distinctly and plainly without delay you send and certify enclosed and have then there this writ. Witness Langhorne Scruggs Clerk of our said Court and the Court House this 23 day of May 1860 in the 87th year of the Commonwealth L. Scruggs Pittsylvania County to Wit } The deposition
of Nancy Witcher of [indecipherable] and of said County taken by me Thos.
L. McDearman a Justice of the peace of said County at Vincent Witchers
dwelling house in said County on the 31st day of May 1860 in obedience
to a Commission issued from the Clerks office of the County Court of the
aforesaid County on the 23 day of May 1860. After being first sworn, the
deponent saith that she did subscribe her name to the Codicil attached
to the Will of James M. Clement bearing date the 23 day of September 1852
and after examining the Codicil aforesaid she says that the signature
attached to said Codicil as one of the witnesses is in her hand writing
and that she witnessed the same in the presence of said James M. Clement
and at his request and that she wrote her name in the presence of Vincent
Witcher. and that she bleives that the said James M. Clement was in his
proper senses and of disposing memory when she witnessed said Codicil
and further this deponent saith not. Nancy Witcher Subscribed and sworn to before me at the time and place first above written. Thos. L. McDearman JP |
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Marna
L. Clemons |
Created December 2000 |