Transcribed by Nancy Jackson from Upshur Co., WV Will Bk: B:237
I Benjamin Basssel of the County of Upshur and State of West Virginia do make and publish this my last will and testament.
I give bequeath to my wife Elizabeth Ann Bassel, one third of my personal estate to have and to hold the same absolutely with full right to use and dispose of the same as she pleases, and one third of my real estate which shall include my present dwelling or mansion house together with its appurtenances, the said interest in real estate to be held by her, for and during her natural life, with remainder heretofore provided.
I have already given to my son Joseph H. Bassel all that I think him entitled to, out of my estate, and I therefore make no further provision for him.
I give and bequeath to my daughter Mary the wife of ______ (blank) Carpenter, the sum of fifteen hundred dollars, to be paid to her, without interest, two years after my death and I charge my real estate and personal estate with the payment of this legacy.
To my son Montgomery Bassel I give and bequeath the sum of two thousand dollars to be paid to him without interest, two years after my death and I charge my real estate and personal estate with the payment of this legacy.
To my granddaughter Augustine Lutz, I give and bequeath the sum of fifteen hundred dollars to be paid to her without interest when she arrives at the age of twenty-one years, or when she marries, in case she should marry before she becomes of age and I charge my real estate and personal estate with the payment of this legacy.
To my grandson, Harry Lutz, I give and bequeath the sum of fifteen hundred dollars to be paid to him without interest he arrives at the age of twenty-one years, and I charge my real estate and personal estate with the payment of this legacy.
In case either of my said grandchildren Augustine Lutz or Harry Lutz should die without issue before receiving their respective legacies, then the share of such as dies, shall be paid to the one that survives, but at such time as the same would have become due in case there had been no death, and in the event both of my said grandchildren should die without issue then their legacies shall lapse to my estate and my executor shall be exonerated from paying the same.
I give bequeath and devise to my son Benjamin Bassell all the residue of my estate real and personal, of whatever kind not herein before bequeathed including the remainder in fee in lands and mansion house which I have given for life to my wife.
I hereby constitute and appoint my son Benjamin Bassel executor of this my last will and testament and having full faith in his capacity and integrity. I degree and direct that he shall not be required to give security upon his bond, as such executor, and resting in the hope than my earthly affairs may be wound up and my estate distributed without wrangling or disputes among those who are to share in the benefits of this instrument, and revoking all former wills heretofore made by me, I hereunto set my hand and affix my seal the 5th day of June 1894.
Benajmin Bassel (seal)
Signed and acknowledged by Benjamin Bassel on the 5th day of June 1894 as and for his last will and testament in our presence, and we in his presence, and in the presence of each other, and at his request subscribes our service as attesting witnesses.
J.J. Morgan
G.M. Fleming
Codical No. I
I Benjamin Bassel of the County of Upshur and State of West Virginia hereby make t his codicil No. I to my last will and testament, which will is above written and dated the 5th of June 1894.
By reason of the fact that since I made and executed my will above written Eugene Lutz, father of my two grandchildren, Augustine Lutz, and Harry Lutz have abandoned my said grandchildren and has left them to me to support and I have been at a very considerable expense in educating them, I hereby revoke the fifth, sixth and seventh sections of my said will in which I provided for the payment of fifteen hundred dollars to each of my said grandchildren, and in place thereof, I give and bequeath to my granddaughter Augustine Lutz the sum of five hundred dollars, to be paid to her without interest, when she arrives at the age of twenty-one years and I charge my real and personal estate with the payment of this legacy and I do also give and bequeath to my grandson Harry Lutz the sum of one thousand dollars to be paid to him without interest when he arrives at the age of twenty-one years and I charge my real and personal estate with the payment of this legacy. And I do will that in case either of my said grandchildren shall die without issue before the legacy of such is entitled to be paid, the same shall lapse and shall not be paid but shall revert to my estate. Witness my hand and seal this 14th day of January 1898.
Benjamin Bassel (seal)
J.J. Morgan
G.M. Fleming,
West Virginia
In Upshur County Court May 7th 1900
The foregoing will bearing date June 5th 1894 and Codicil No. I thereto, bearing date January 14th 1898, of Benjamin Bassel deceased was this day presented in open court and was justly sworn by the oaths of G.M. Fleming and J.J. Morgan
Benjamin B. Bassel Sr. m. Elizabeth Ann Gusman d\o Joseph and Mary E. (Jackson) Gusman. Mary E. was the d\o John Jackson Jr. and his second wife Elizabeth Cozad.
Compiled and submitted by Nancy A. Jackson.