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Will Book D, Page 364

Washington County Courthouse, Abingdon, Virginia

In the name of God, Amen.

I, J. T. Martin of Mendota, Virginia, being of sound and disposing mind and memory do make and publish this my last will and Testament, hereby revoking all other wills and codicils by me heretofore made:  

1^st I will and direct that all my just debts be paid by my Executor, as soon after my decease as practicable.

2^nd I will and devise unto my beloved wife Mattie M. Martin, my entire Estate, both real and personal during her life, or as long as she remains my widow, in order that out of the personalty, and the income arising from the realty, she shall provide for and educate my younger children yet to be raised and educated.

3^rd At the death of marriage of my said wife, then my entire estate, both as to realty and what personalty may still remain, shall be equally divided among all of my children, should any of them be dead, leaving issue, said issue shall stand in the place of the parent.  But this distribution is made subject to the following exceptions and provisions in subsequent clauses of this will.

4^th  I give and bequeath to my son and name-sake J. T. Martin, Jr. my gold watch.

5^th I have expended upon my son Dr. W. M. Martin in completing his education in his profession considerable money which I estimate at five hundred dollars, and it is my will and direction that he shall be charged with this sum against his distributive share of my estate, but without interest.

6^th I have also expended upon my son Dr. C. G. Martin in completing his education in his profession considerable money as his medical education, such as I expect to give him, is not yet completed, it is my will that the same be finished out of funds belonging to my estate, should he not get through his course till after my death.  I further will and direct that he shall have a good horse, saddle and bridle to be selected by him when he needs the same.  All of this I value at one thousand dollars and, I further will and direct that this sum shall be charged against his distributive share of my estate, but should his share not be equal to said amount he shall not be required to pay the difference.  No interest is to be charged upon said one thousand dollars.

7^th Whereas it is reasonably to be expected that others of my children may desire extra education in some particular profession or calling, I hereby will and direct that whatever money arising from my estate that may be hereafter expended upon any such child, shall be a charge against such child’s distributive share of my estate.

8^th I further will devise and direct that the portions of my estate willed to my daughter Ida L. Wagner is hereby vested in her for life, and then to her children and shall not be subject to the liabilities of her husband.  If she has no children at her death then the same shall revert to my estate.

9^th Reposing confidence in the business capacity of my son Charles O. Martin it is my will and desire that he shall take charge and supervision of my farms and business, and manage the same for my wife, as he thinks best, should he so desire to act, and for which he shall receive a fair compensation, out of the business annually.  And in the event he should not so desire, and any other of my younger sons should develop a turn for such business, or avocation, and should be steady and industrious and saving it is my will and desire that he shall occupy said position.

10^th I hereby nominate and appoint my said wife Mattie M. Martin, the Executrix of this my will, and direct that she shall act without giving Bond – Given under my hand & seal this the 27^th day of February 1907.

                                                                        J. T. Martin

Signed and witnessed
in pursuance of each other
& in presence of Testator and
at his request.

                        D. F. Bailey
                        W. S. Stickley

Virginia:  In the Clerk’s office of the Circuit Court of Washington County, on the 23^rd day of April, 1908, before the Clerk of said Court.

A writing purporting to be the last will and testament of J. T. Martin, deceased, was this day produced before the Clerk of the Circuit Court of Washington County Virginia, in his office by D. F. Bailey, one of the subscribing witnesses thereto and the said will and signature thereto was proven by the oath of the said D. F. Bailey, and the due attestation of W. S. Stickley, the other subscribing witness thereto was proven by the oath of said D. F. Bailey.  It is therefore ordered that said will be recorded as the true last will and testament of the said J. T. Martin, deceased.

                                                            S. A. Summers,  D.C.

Notes:  James T. Martin was the husband of Ida Phelps’ sister Martha.

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