The Will of Thomas Emmett Clements
Albemarle County, Virginia
Will Book 35, Page 117-121
1932
Transcribed by Sharon K Barrett
I, T. E. Clements of Scottsville, Albemarle County, Virginia, being of sound and disposing mind do hereby make, publish and declare this to be my last Will & Testament, and revoking all other Wills by me at any time made.
First: I direct that all my just debts shall be paid if I shall owe any at my death, and I direct said debts, if any, shall be paid from the income and rents from my property but the same shall not be paid for a period of twelve months after my death and no money that I may have on hand at the time of my death shall be paid for any of my expenses but if there should be any urgent debts I direct my Executrix to make a negotiable note and have the same discounted at bank by attaching one of my bonds to same as security, to be plain I do no want my estate of any portion thereof to be dispersed for a period of twelve months after my death.
Second: I give devise to my Cousin Maggie O. Clements for and during the period of her natural life the house and lot with all improvements, including stable, situated on the west side of Valley Street in the Town of Scottsville, in Albemarle County, Virginia, the dwelling being now occupied by Professor W. D. Smith as a residence; and at the death of the said Maggie O. Clements the said house and lot with improvements including stable shall go to and become the property of Eliza Ball the wife of William Ball.
Third: I give and devise to my Cousin Maggie O. Clements, the house and lot now occupied by Mr. McNutt, situate near Woodridge Road in Albemarle County, Virginia and adjoining the lands of Mrs. Edna Owens, Herbert Faulconer and William Cook.
Fourth: All of my other real estate I give and devise to my brother, E. O. Clements, in the event I should sell before my death any of this real estate devised to my brother E. O. Clements, I will and direct that he be paid out of my estate a sum of money equal to the amount that I may derive from such sale.
Fifth: I give and devise to my cousin Maggie O. Clements the sum of ($500.00) five hundred dollars to be paid in lawful money of the United States.
Sixth: All the rest and residue of my money, securities and personal estate which I may own at my death, I give and devise to my Sisters Laura B. Davis, Mary L. Herndon, and my brother James D. Clements, to be divided equally between them, each being paid one third by my Executrix twelve months after my death, in regard to the share of my sister Mary L. Herndon, that in case the same is not paid to her in full before her death that any residue thereof shall be paid to her son Schuyler Herndon as his in fee simple.
Seventh: During her life time my deceased sister Miss Fannie M. Clements placed in my hands for investment a sum of money amounting to fourteen hundred dollars ($1400.00) and it was her expressed desire and request and direction that I should have the income from this sum of money during my life time, and at my death six hundred dollars ($600.00) of this money shall go to our Cousin Miss Maggie O. Clements and the residue to wit: Eight hundred dollars ($800.00) shall go to our brother E. O. Clements. Whereas this money is now represented by three notes of Dr. L. B. Stinson payable to me aggregating eight hundred and some dollars and the balance of the aforesaid fourteen hundred dollars ($1400.00) I have invested and money in hand. Now in accordance with the said desire and request and direction of my deceased sister Fannie M. Clements, I request and direct that at my death that the Executrix pay to over the said Maggie O. Clements ($600.00) six hundred dollars of the above sum of money and the residue thereof ($810.00) be paid over my said brother E. O. Clements.
Eighth: I do hereby nominate and appoint my Cousin Maggie O. Clements, Executrix, of this my last will and Testament, and I ask the Court to let her qualify without surety, in Witness thereof I hereunto subscribe my name to this my last Will & Testament at Scottsville, Virginia, this 8th day of April 1926.
T. E. Clements
The above signature of the Testator, T. E. Clements was made and the foregoing will was acknowledged by the said T. E. Clements in the presence of us three competent witnesses to hereunto subscribe the said will in the presence of the said Testator and of each other at the request of the said Testator this 8th day of April 1926.
E. H. Kent
Amelia M. McNute
Jackson Beal
Codicil Number one:
I, T. E. Clements to hereby make this Codicil to my last Will & Testament known as Codicil #1.
In the body of my last Will & Testament dated 8th day of April 1926, whereby I bequeathed to my brother E. O. Clements certain real estate and one of the properties that I conveyed was the dwelling and lot that I sold and conveyed since making my last Will & Testament to Mrs. W. W. Tapscott situated on the East side of Valley Street in the town of Scottsville being my former residence and I derived from the sale of the foresaid lot the sum of twenty five hundred dollars ($2500.00) in cash.
Now the purport of this Codicil is that if I have to expend any of the part of the aforesaid twenty five hundred ($2500.00) before my death for my personal use or otherwise that the aforesaid E. O. Clements shall be paid the balance of the aforesaid $2,500.00 or the remainder if there be any in cash.
I hereby direct that my Executrix as named in my Last Will & testament to carry out the above named provision as named in the above Codicil.
Given under my hand this 3rd day of June 1930
T. E. Clements
The above signature of the Testator, T. E. Clements, was made and the foregoing Codicil was acknowledged by the said T. E. Clements in the presence of us three competent witnesses do hereunto subscribed the said Codicil in the presence of the said Testator at the request of the said Testator this the 3rd day of June 1930.
Helen G. Harris
Annie W. Phillips
Jackson Beal
Codicil number two.
Whereas in my Last Will & Testament dated the 8th day of April 1926, whereby I bequeath in the second clause of my Will the house and lot now occupied by W. D. Smith and the stable thereon to my Cousin Maggie O. Clements for her natural life and at the death of the said Maggie O. Clements the said house and stable should pass and become the property of Eliza Ball the wife of William Ball to have and to hold or her heirs or assigns forever.
Now the purport of this Codicil to my last Will & Testament is that I have erected a dwelling on the ground formerly occupied by the stable being the stable named in my last will & Testament as conveyed to Maggie O. Clements and Eliza Ball. I hereby give and bequeath to my brother E. O. Clements and to my cousin Maggie O. Clements for their natural lives the aforesaid dwelling that I have erected on the lot formerly occupied as a stable and the aforesaid dwelling is shown on insurance map #70 on the west side of Valley Street.
The aforesaid E. O. Clements and Maggie O. Clements are to have jointly any emoluments that may be derived from the above described dwelling and in case of the death of the either above named to wit: E. O. Clements and Maggie O. Clements the conditions are to continue as to the survivor and at the death of both E. O. Clements and Maggie O. Clements I direct that my emoluments derived from the rent or sale of the aforesaid dwelling and lot shall be deposited in some safe way and the amount derived therefore shall be used for the upkeep of my family section situated in the Presbyterian Cemetery at Scottsville, in the County of Albemarle, State of Virginia.
Given under my hand this 3rd day of June 1930.
The above signature of the Testator T. E. Clements to Codicil #2 was made in our presence and the foregoing Codicil was acknowledged by the said T. E. Clements in the presence of us three competent Witnesses and do hereunto subscribe to the said Codicil in the presence of said Testator at the request of said Testator this the 3rd day of June 1930.
Helen G. Harris
Annie W. Phillips
Jackson Beal
VIRGINIA:
In the Clerk’s Office of Albemarle Circuit Court, August 2, 1932
A paper writing bearing date the 8th day of April 1926 with Codicil #1 dated the 3rd day of June 1930 and Codicil #2 dated 3rd day of June 1930, purporting to be the last will and testament of Thomas E. Clements, deceased, late of Albemarle County, Virginia, was produced before me W. L Maupin, Clerk, in the Clerk’s Office aforesaid and offered for proof and probate.
The Will dated April 8th 1926 was proved by the oaths of Jackson Beal and E. H. Kent, two of the three subscribing witnesses thereto. Amelia M. McNute, the other subscribing witness not being present.
Jackson Beal and E. H. Ken testified that they and Amelia M. McNute were personally present when the said Thomas E. Clements, the testator signed and declared said paper writings to be codicils #1 and #2 to his will of April 8th 1926, and at his request and in his presence and in the presence of each other they subscribed their names as attesting witnesses.
And the said Jackson Beal, E. H. Kent and Annie W. Phillips further testified that on the dates above mentioned the said Thomas E. Clements was of sound mind and disposing memory and perfectly capable of making and executing a will and codicils thereto.
The said paper writings are therefore considered fully proved and are admitted to probate as and for the true last will and testament of Thomas E. Clements, deceased.
Teste:
W. L. Maupin, Clerk
LIST OF HEIRS OF THOMAS EMMITT CLEMENTS, DECEASED, TESTATE
Names Age relationship residence
Clements, E. O. over 21 brother Scottsville, Va
Clements, J. D. over 21 brother Esmont, Va.
Davis, Laura B. 56 sister Esmont, Va.
Herndon, Lucy M. over 21 sister Free Union, Va.
I, Maggie O. Clements, who was on the 2nd day of August 1932 duly appointed and qualified as Executrix of the estate of Thomas E. Clements, deceased, do hereby affirm that the foregoing list of heirs of the said decedent, together with their names, relationship, ages and residences, is true to the best of my knowledge and belief.
Given under my hand this 2nd day of August 1932
Maggie O. Clements, Personal Repr.
Subscribed and sworn to before me this 2nd day of Aug. 1932
W. L. Maupin, Clerk