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VOL 3 Pg 210

Kanawha Co. WV

I Michael Derrick, of Kanawha County, West Virginia, being of sound and disposing memory, and being desirous to dispose of all such worldly estate as it has pleased God to bless me with, I hereby make this my last Will. I give devise and bequeath my estate and property real and personal, as follows, that is to say,

I desire that all my debts and funeral expenses be paid out of my personal property.

I bequeath to my wife Julia Derrick during her life or so long as she remains my widow, the home farm, 159 acres, and all of my personal property including all bonds, money, debts, accounts, etc.

I bequeath to my wife Julia Derrick the land conveyed to me by Joel S. Quarrier containing 30 acres more or less, and known as the Scott place, to have as her own to sell, convey, or dispose of as she may think proper.

I bequeath to my son Franklin L. at the death of my widow the home place of 159 acres, on the following conditions that is to say, in case he does not marry John Miller's daughter, Mr. Frank Thaxton's daughter, or live with them or either of them without marrying, and in case he does not marry neither of those girls and gets the home place, he is to have no part of the personal property whatever, for this reason. I consider the value of the home place makes him equal with the rest of the children in value, provided he does not get the land, he then is to have an equal share with his brothers and sisters in the personal property, money, debts, etc. that may be left at the death of my widow. In case he the said Franklin L. Derrick fails to comply with the conditions before mentioned and does not get the home farm, I desire that it go to my four children viz: S. W. Derrick, Elmore M. Derrick, Adaney Aultz, Elmina M. Mairs. I desire that some of the children buy the other out and keep the home farm in the family.

The graveyard on the home farm, I desire to be kept for a burying ground for all the Derrick connection that wishes to be buried there and to be kept in good order, clean, etc. I bequeath to my son Elmore M. 110 1/2 acres of land during his life time, at his death to go to his children if any. If no children to go to his brothers and sisters.

The said land lies on the South Side of Poca, joins S. W. Derrick's land and being the same land on which he the said Elmore M. has built a house.

I bequeath to my four children S.W. Derrick, Elmore M. Derrick, Adaney Aultz, Elmira M. Mairs, all of my personal property, money, bonds, etc. that may be left at the death of my widow.

I appoint Julia Derrick my widow Executrix of this my last will.

As witness whereof, I have hereunto set my hand and Seal this the 30th day of May 1880. I desire that my two daughters have one hundred Dollars each before the division.

Michael Derrick Seal

Signed, Sealed and delivered as the last will and testament of the above named Michael Derrick, in the presents of the undersigned subscribers.

P.S. Shirkey

Andrew Derrick

In Vacation Kanawha County Court Clerks Office August 11th 1880.

This paper writing purporting to be the last Will and Testament of Michael Derrick dec'd late of this county, was this day presented to me in my office, and duly proven by the Oath of P. S. Shirkey and Andrew Derrick subscribing witnesses thereto, and thereupon ordered to be recorded.

Submitted by Marieda DERRICK EDENS

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