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WILL OF ALETHEA BRIGHAM
In the name of God Amen
I Alethea Brigham of the City of Louisville in the State of Kentucky do hereby make this my last Will and Testament hereby revoking all others Wills, Testaments and Codicils by me heretofore made.
First, I desire that all my just debts and funeral expenses be paid by my Executor hereinafter named.
Second, I give devise and bequeath one equal undivided half part of all estate of every kind and description whatever and wherever situate, to the Rev Stuart Robinson, to be held by him for the sole and separate use and benefit of my daughter Mary Elizabeth Robinson wife of Rev Stuart Robinson free from the debts, liabilities and .. of all previous whomsoever for and during her natural life and with power and authority to the said Mary Elizabeth to dispose of said property and estate by last Will and Testament at her death, among the children and grand children in such proportions and shares as she may see fit. And in the event the said Mary Elizabeth shall depart this life without having made her Will, then all said property and estate shall descend to the children and grand children of the said Mary Elizabeth according to the statute of descents and distributions now enforce in the State of West Virginia.
Third, I give devise and bequeath the other equal undivided half part of my estate of every kind and description whatsoever, and whereever situate, to my grand son Walter B. Brooks to be .. held for the sole and separate use and benefit of my daughter Lavinia Virginia Pat Brooks wife of W C Brooks, Esq, free from the debts, liabilities, and .. of all persons whosoever .. and during her natural life, and with power and authority to the said Lavinia to dispose of said property and estate by last Will and Testament at her deaths she may see fit. And in the event the said Lavinia shall depart the life without having made her will, then all said property and estate shall .. to the children and grand children of the said Lavinia, according to the statue of descents and distributions now in force in the State of West Virginia.
Fourth, This Will is made while my two daughters aforesaid Mary and Lavinia are in life, and with the natural expectation that they will survive me. Should my daughter Mary depart this life before my death the and in that event the property devised to her use by the second clause of this Will shall go directly to her descendants in the manner provided by the statue of descents and distributions now in force in West Virginia. And should the said Lavena depart this life before my death then and in that event, the property devised to her use by the third clause of this Will, shall go to her descendants in the manner provided by the same statue.
Fifth - I hereby nominate and appoint Rev. Stuart Robinson Executor of this Will
In witness of all of which I have hereunto set my hand and affixed my seal this 19th day of June, 1872.
This will was signed and acknowledged by Alethea Brigham in our presence, all of us being present at the same time, and attesting this Will, in the presence of the Testator, and of each other.
W T Goshorn
Ja H Roger
Wm A Quarrier
Louisville October 5th, 1875
Bjm A Quarrier, Esq
I have added to the coy of my will here the following codicil. Please append this to the copy in your possession.
For Codicil to my last Wills and Testament dated the 19th of June, 1872 I do hereby revoke so much of the devise made in the third clause of said Will as gives the property therein named to my grandson Walter B. Brooks as Trustee and I devise and bequeath the property therein mentioned to my nephew James Henry Rogers ( now of Charleston, West Virginia) to be .. him held in the same manner and same trusts as all at said clause set forth, the sole object of this Codicil being to substitute him as Trustee and in the place and .. of said Walter B. Brooks
In Witness whereof I have hereto set my name and affixed my seal at Louisville Kentucky this 5th day of October, 1875.
This Codicil was signed and acknowledged by Alethea Brigham in our presence all of us being present at the same time and attesting the said Codicil in the presence of said Testatrix and of each other
Tho W Bullittt
Jno E Green
W W Weazlitt
At a Circuit Court held for Kanawha County at the Court House thereof on the 28th day of November, 1877.
The last Will and Testament of Mrs. Alethea Brigham deceased, was proved by the oaths of Wm. A Quarrier and Wm T Goshorn subscribing witnesses thereof, and is ordered to be recorded, and a codicil attached to said will was proved by the oaths of W A Quarrier and Stuart Robinson, to be an . The signature .. in the hand writing of said decedents and said Codicil is also ordered to be recorded with said Will as a part thereof. And it is further ordered that the said Will and Codicil together with this Order, be recorded in the Clerks Office of the County Court of this County and in the motion of Stuart Robinson the Executor named in the said Will, who made oath according to law and together with . Wm Reynolds his security, who justified to the sufficiency .. into and acknowledged as bond in the penalty of $10,000.00 conditioned to the law requires, certificate is granted the said Stuart Robinson to obtain a probate of the said Will in due form.
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Transcribed from Microfilm by Tammy and Steve Barber.
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