Will of J. D. Castellaw - Dated 7 Sep 1943

I, J. D. CASTELLAW, being of sound mind and disposing memory do make and publish this my last will and testament, hereby revoking and making void any and all other wills and testomentary dispositions heretofore made by me.

I: I direct that my executors, hereinafter named, shall pay any and all just and legal debts owing by me at the time of my death, including all doctor's bill, funeral expense and other expenses that may be incurred during my last illness, out of the first money that may come into their hands as such executors.

II: I give, devise and bequeath to my beloved wife, LUCINDA CASTELLAW, subject to the limitations hereinafter expressly set out, the small dwelling and one acres of land surrounding it, which dwelling is on the Public road just North from my main home dwelling, and also 78 acres of land lying immediately west of the real estate hereinafter bequeathed to my son ALGIE CASTELLAW. Now this real estate I give to her for her natural life should she remain my unmarried widow, but at her death or at any time she shall again marry then this real estate shall pass to and be the property of my son ALGIE J. CASTELLAW, for and during his natural life, and at his death then to my Grand daughter JOE ANN CASTELLAW, for life, and at her death to her heirs, which is to mean the heirs of her body, and should she die without bodily heirs, then the same shall pass to and become the property of my nearest of kin then living.

III: I give, devise and bequeath to my said son ALGIE J. CASTELLAW subject to the restrictions and limitations hereinafter set out, the farm on which is located my home dwelling which consists of 80 acres, and which is known as the lands inherited by me from my Mother together with about two acres on the west side, which is offset in the west line of what I now have fenced and use and call apart of this 80 acre farm, but this includes the small dwelling and one acre divised to my wife, and which small dwelling and one acre is expressly excluded from this devise to my said son. Now this real estate I do give and devised to my said son for and during his natural life, and at his death then it shall pass to and become the property of my Grand daughter JOE ANN CASTELLAW, for her natural life, and at her death to her heirs, which is to mean the heirs of her body, should she die without bodily heirs, then the same shall pass to and become the property of my nearest of kin then living.

IV: I give, devise and bequeath to my said wife, to be hers absolutely, any and all money that I may have on hand at the time of my death, except such as may be necessary to pay my just debts as provided for in the first paragraph of this will, and all household furniture.

V: I give and bequeath to my said son, ALGIE J. CASTELLAW all the farming tools and all the hogs that I own at the time of my death, and farming tools includes all harness and gear.

VI: I give and devise to my said wife and my said son, equally share and share alike, all the other live stock on hand at the time of my death, which is to say that all live stock, except the hogs, owned by me at the time of my death shall be equally divided between them.

VII: It is here recited that there is a graveyard located on my farm, and though I have limited the title to certain lives in said lands, these limitations shall not prevent any one of my devisees, in possession of said lands under this will, from selling to indiduals or families lots that are needed for the burying of their dead, but such lots shall only be sold, adjacent to the present graveyard, and only as needed, and for no purpose whatever except the burying of the dead.

VIII: I hereby name my said beloved wife, LUCINDA CASTELLAW and my son, ALGIE J. CASTELLAW joint executors of this my last will and testament, and they shall not be required to give any bond as such, nor to report to the Court the way and manner in which they have carried into effect the provisions of this will.

In witness where of I have hereunto set my hand and seal this the 7th day of September 1943, in my home, and in the presence of J. R. BARNES and R. T. TUCKER, whom I have requested so sign this will as subscribing witnesses.

J. D. CASTELLAW, Testator

Witnesses:
J. R. BARNES
R. T. TUCKER