Patrick County Virginia USGenWeb Archives Wills.....Martin, Ella R. Foley April 27, 1955
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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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