THE WILL OF MAGGIE O. CLEMENTS
ALBEMARLE COUNTY, VIRGINIA
WILL BOOK 36, PAGE 102-105
April 1935
Transcribed by Sharon K Barrett
LAST WILL AND TESTAMENT OF MAGGIE O. CLEMENTS
I, Maggie O. Clements, of the town of Scottsville, Virginia, being of sound and disposing mind, do hereby make, publish and declare this to be my last will and testament, hereby expressly revoking all wills and codicils by me at any time heretofore made.
FIRST. I desire all my just debts to be paid.
SECOND. I give, device and bequeath all of my real estate, wheresoever located, to my beloved niece MARGIE CLEMENTS for the period of her natural life, and upon her death to my beloved niece MRS. ELEIZA BALL and my nephew DR. JAMES D. CLEMENTS, in fee simple and absolutely. Since my cousin, T. E. Clements, by his last will and testament, duly recorded in the Clerk’s Office of the Circuit Court of Albemarle County, did leave to me, for the period of my lifetime only, the dwelling house located on Valley Street, in the town of Scottsville, Virginia, known as the “Smith House,” and which adjoins my present residence, and sine he did provide in said last will and testament that upon my death that said property should pass to my niece Mrs. Eleiza Ball, I make no disposition of same.
THIRD: If SARAH PORTER, my maid-servant, shall be in my employee at the time of my death, then and in that event, I give unto the said SARAH PORTER the sum of five hundred dollars ($500.00), and enough furniture from my household furniture and effects to completely furnish one bed room.
FOURTH: I give to my cousin E. O. Clements whatsoever automobile that I shall be possessed of at my death.
FIFTH: All of the remainder of my personal property, other than my household furniture and effects, I give, in equal proportions to my cousin, E. O. Clements, my niece MARGIE CLEMENTS, my niece MRS. ELEIZA BALL, my nephew DR. JAMES D. CLEMENTS and to my deceased brothers widow, MRS. CARRY CLEMENTS.
SIXTH: All of my household furniture and effects, other than those given to SARAH PORTER, I give to my niece MRS. ELEIZA BALL, DR. JAMES D. CLEMENTS and MRS. CARRY M CLEMENTS, to be divided among them as they shall see fit.
SEVENTH: I appoint my niece MARGIE CLEMENTS, of Gloucester County, Virginia, Executrix of this my last will and testament; and I direct that no security be required of the said MARGIE CLEMENTS as Executrix; and because of the bequests and gifts made in this my last will and testament to the said MARGIE CLEMENTS, I request that no commissions be charged by her for her services as said executrix.
EIGHTH: In order to carry out fully the wishes and desires of my beloved cousin T. E. Clements, as expressed in his last will and testament, and a certain codicil, numbered number two, said last will and testament and codicil being duly probated in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia, I request of my executrix, to be performed ONLY in the event that my cousin E. O. Clements should predecease me, that she carry out fully the wishes and desires of the said T. E. Clements as relates to the income from the rent or sale of the dwelling house as mentioned in said codicil number two being used for the upkeep of his family section, situated in the Presbyterian Cemetery at Scottsville, Albemarle County, Virginia; and I do recommend to my said executrix, in the said event of my cousin E. O. Clements predeceasing me, that she become qualified by law to convey said property, and to see that said wish of T. E. Clements is performed.
Given under my hand and seal this 16th Day of April, 1935.
Maggie O. Clements (SEAL)
The above signature of the testatrix was made and the foregoing will was acknowledged to be her last will and testament by the said testatrix, in the presence of us, three competent witnesses, present at the same time; and we, the said witnesses do hereunto subscribe the said will on the date last above written, in the presence of the testatrix and of each other, at the request of the said testatrix, who was then of sound mind and over the age of twenty-one years.
L. T. Stinson
R. J. Nicholas
Jackson Beal, Jr.
CODICIL NUMBER ONE (1) TO THE LAST WILL AND TESTAMENT OF|
MAGGIE O. CLEMENTS
WHEREAS, I, MAGGIE O. CLEMENTS, did on the 16th day of April, 1935, make my last will and testament in writing, and whereas I desire to change the same in the respects following, now I, the within named MAGGIE O. CLEMENTS, do make this codicil to my within will, which is to be taken as a part thereof.
I do hereby revoke the devise and bequest contained in the second (2) clause of my said will; and in lieu thereof, I do give, devise and bequeath the part of my real estate which is situated on Harrison Street, in the town of Scottsville, Albemarle County, Virginia, and which is known as the “Dillard House”, being located in front of the Scottsville Baptist Church, to my beloved Cousin, E. O. Clements, for the period of his natural life, and upon his death to my beloved Niece, Margie Clements, in fee-simple absolute. All the remainder of my real estate, wheresoever located, I do give, devise and bequeath to my beloved Niece, Margie Clements, for the period of her natural life, and upon her death to my beloved Niece, Mrs. Eleiza Ball and to my beloved Nephew, Dr. James D. Clements, each an equal part therein, in fee-simple absolute.
In witness whereof I hereunto subscribe my name and affix my seal to this codicil to my last will and testament, at Scottsville, Virginia, this 1st. Day of June, 1937.
Maggie O. Clements (SEAL)
The above signature of the testator was made and the foregoing will was acknowledged to be her last will and testament by the testatrix, in the presence of us, three competent witnesses present at the time; and we, the said witnesses, do hereunto subscribe the said will on the date last above written, in the presence of the testatrix and of each other, at the request of the said testatrix, who was then of sound mind and over the age of twenty-one years.
L. R. Stinson
R. J. Nicholas
VIRGINIA:
In the Clerk’s Office of the Circuit Court of Albemarle County, October 8th 1937.
A paper writing bearing date the 16th day of April 1935, and another dated the 1st. Day of June 1937, purporting to be the last will and testament and codicil thereto of Maggie O. Clements, deceased, she having departed this life Sept. 25th 1937, late of Albemarle County, Virginia, were produced before me, Eva W. Maupin, Clerk, in the aforesaid office and offered for proof and probate, and was proved by the oaths of L. R. Stinson and R. J. Nicholas, two of the attesting witnesses to the will, Jackson Beal Jr not being present and the two attesting witnesses to the codicil.
L. R. Stinson and R. J. Nicholas testified that they and the said Jackson Beal Jr. were all personally present as to said codicil, when the said Maggie O. Clements signed and declared her paper writings to be her will and codicil thereto, at her request and in her presence, and in the presence of each other they subscribed their names as attesting witnesses thereto.
The said L. R. Stinson and R. J. Nicholas further testified that on the 16th day of April, 1935 and on the 1st. Day of June 1937, the days said paper writings bear date, the said Maggie O. Clements was of a sound mind and disposing memory and perfectly capable of making and executing a will and codicil thereto.
The said paper writings are therefore considered fully proven and admitted to probate as and for the true last will and testament of the said Maggie O. Clements, deceased.
Teste:
Eva W. Maupin Clerk
LIST OF HEIRS OF MISS MAGGIE O. CLEMENTS, DECEASED, TESTATE.
Names age relationship residence
Clements, Margie 45 niece Gloucester, VA
Ball, Eliza 41 “ Schuyler, VA
Clements, James 44 nephew Gloucester, VA
I, Margie Clements, who was on the 8th day of October 1937, duly appointed and qualified as Executrix of the estate of Maggie O. 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 8th day of October 1937
Margie P. Clements, Personal Repre.
Subscribed and sworn to before me this 8th day of Oct. 1937.
Eva W. Maupin, Clerk