Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-26
THE WILL
OF THE LATE BENZ. FISHER ADMITTED TO
PROBATE.
The Essential Provisions Of the Document Given
in Full-Annuiiss Directed TO be Paid
During Mrs. Fishers Life

/ Ub Will VI VIC AGbO AsSbJ'
admitted to probate at Clerk Hooks
! Office, yesterday. Below will be found
the leading provisions of the document
Uerbatim, with a synopsis Of other
changes:
K,lolO all men By these presents:
That I, Benjam Fisher, Of the city
of Wheeling, in the county OF Ohio and
State of West Virginia, being OF sound
and disposiLg mind and memory, and
revoking hereby and forever annulling
all other former wills by me at any Time
heretofore made, do make and declare
and publish my last will and testament
in manner and form following, that is
TO say:
First-I hereby direct and re-
ouire that all my just debts and legal
liabilities shall be paid of and dis
charged out OF my estate by the execu-
tor of this, my will, hereinafter named,
as soon as the same may be conveniently
done.
Second-I hereby give, bequeath and
dvise unto my beloved wife, Emma
Fisher, is case she shall survive me, the
sum of So, 900 for each and every year
she shall survive me for and during
each and every year of the natural life
Of her, the said Emma Fisher, to be
paid unto my said wife during each and
every year she shall survive me, by the
executor of this my will, hereinafter
named, in Semi-annual installments, be-
ginning from and after the date OF my
decease, and the said payments shall be
in lieu of dover to her in my estate,
and shall be her absolute property, TO
be by said Emma Fisher used, enjoyed
and disposed as she may deem best.
Third further devise and bequeath
unto my daughter Nancy, the sum Of $500
for and during each and every year she
may survive me, and like sum OF $500
unto my daughter Gertrude, for and
during each and every year she may
survive me; said sums to be paid by my
executor, hereinafter named, out OF my
estate, unto my said daughters Nancy
and Gertrude, in semi-annual Install
ments unto each daughter during each
and every year my said daughters and
each OF them shall survive me, to be by
them and each OF them used and dis
posed as they may deem best, whether
they or either Of them, at the time OF
such payments, shall have attained the
age of twenty-one years or not; and
their personal receipts in any case Tor
such payments shall be sufficient dis
charge and acQuittSnCe to my said eX-
ecutor.
FOURTH further give, bequeath and
devise unto my daughter Clara List,
wife of Daniel Carter List, Jr., the sum
of 5000 for and during each and every
wear she may survive me, 10 be paid
unto my said daughter Clara out of my
estate in semi-annual installmentS, by my
executor, hereinafter named, and is to
be used and disposed of as she may deem
best and her separate receipt therefor
shall be in every case sufficient.
Fifth hereby direct and require
that no beuuest, or any part of the same,
hereby made unto my daughters or
either of them, shall be used, applied or
taken for the payment Of any debts con-
tracted by my said daughters or either
of them prior to such payment as is
herein directed; nor shall such bequest
or any part Of the same be taken or ap'
piled for the payment Of any debts pre-
yiously contracted by their said hus-
bands, or by the husband Of either OF
my said daughters, or to liquidate or
satisfy any legal liability OF any such
husband.
SIXTH further direct and require
the executor of this, my will, to pay
out of my estate the sum OF 5000 for
and during each and every year unto
my son, William i. Fisher, and a like
sum each year unto my son, Charles Nj.
Fisher; also like sum each and every
year to my son, Frederick d. Fisher, to
be paid to each of my said sons, VII.
B., Charles N, and Frederick D., in sums
and installments of 5000 each, unto
each of nv said sons, beginning from
and after the date of my death. And L
further direct that no bequest or any
part OF such beQuest made by this sixth
clause OF my will shall be used or APP
piled in payment Of or in satisfaction
of any debt or legal liability of my said
sons or either of them contracted or in
Cured prior to my death or prior to the
decease of my said wife, Emma Fisher.
Seventh-All the household furniture
and other personal property in the home
stead is beaueathed to his wife.
Eighth-It is directed that all Of his
estate remaining at the death Of his
wife shall descend and pass to and be
distributed among his heirs at law &C
cording to the statute OF deScents and
distributions now in force in the State
of West Virginia, but in the said distri-
button it is charged that his daughter,
| Clara List, and her heirs shall have the
sum of SO, 900. It's further directed that
the executor in equalization among the
children to pay out Of the estate unto
his daughters Nancy and Gertrude, at
| their marriage, each the sum of 81, DOC
as a marriage settlement, whenever
| such marriage shall occur previous to
the death ofahis wife, and in case they
are single when the distribution Of the
property is made they shall receive the
said sums.
Eighth-The executor of the will is
given authority to continue the bust
ness Of the testator for two years, II he
| shall consider the same necessary, fol-
! the purpose Of closing said business, and
to prosecute the said business longer II
he deems the same profitable. The ex'
ecntor is empowered and directed tC
sell and convey real estate belonging to
the estate wheresoever the same Is
situate.
Ninth-The executor is further d.
rected to cause family monument tc
be erected in the family burial ground
In Greenwood cemetery within one year
after his death, to cost not more than
So, 500, provided the same can be done
without serious detriment to the estate
Tenth-Daniel Carter List, Jr., the
testator's son-in-law, is appointed ex
ecutor, with full power and authority &c
1 oo1uo, hx, 1aad rool astafa ha.