INTRODUCTION 

Wills have long been of interest to genealogists because 
of the many names appearing therein and the definite relation- 
ships usually set forth in the distribution of the testator's 
accumulated property. From the standpoint of social history 
they may be considered equally valuable because we find listed 
here much of the property owned by the testator and special 
emphasis is usually placed on what he considered the most 
valuable of his possessions. The studious man carefully dis- 
poses of his library, the cattle dealer gives his best stock 
to his favored son or daughter, the agriculturist definitely 
defines his land ownership and sometimes even specifies the 
crops which shall be planted, the store owner describes his 
property and the contents of his store. The industrial life 
of the county is reflected in the wills as property ownership 
indicates change of investments. Upshur County Wills show the 
development of the agricultural pursuits of the county, the 
purchase or the acquiring of free land as it was opened 
throughout the west, and the development of towns and town 
property. 

Upshur County's will records are complete from 1851, the 
date of establishment of the county. In compiling the calen- 
dar it has been deemed wise to limit the publication to wills 
recorded prior to 1885. Thus only Will Book A has been used. 
These records will be found in the office of the Clerk of the 
County Court. 

Wills in West Virginia are probated in the county court, 
whose jurisdiction is exclusive and original in all matter of 
probate, appointment and qualification of personal representa- 
tives, and the settlement of their accounts. The will is pre- 
sented to the court in regular session by the executor, if an 
executor has been named, who makes oath that to his best know- 
ledge and belief the will is the last testament of the decedent. 
The oath is attached to the will and the order of probate and 
recording is issued by the court. The executor then gives 
bond to the court for the faithful performance of his duties. 
At the time of the qualification of the personal representa- 
tive he is required to present to the court, or to the clerk 
thereof who acts in vacation of the court, a list of all heirs 
of the estate, together with their addresses and relationship 
to the testator and the list is recorded. 

Following the qualification of the personal representa- 
tive the county court refers the estate to a commissioner of 
accounts who acts as an agent for the body, examines and ap- 
proves all reports of the executor or administrator, determines 
the amounts of distribution, accepts claims against the estate, 
makes reports to the court of all matters in the estate, and 
in general relieves the court. The court, or the clerk in 
vacation, then appoints not less than three or more than five 
persons to appraise all real and personal property in the es- 
tate and an equal number in any other county or counties in 
which property is owned. The appraisers so named, after hav- 
ing taken oath, list and appraise all property held in the es- 
tate and present the list, which is signed by them, to the 
commissioner of accounts to whom the estate has been referred 
and who examines the list, presents one copy to the clerk of 
the county court for recording and sends one copy to the Tax 
Commissioner of West Virginia.  

Within two months after qualification the personal repre- 
sentative presents to the commissioner of accounts an inven- 
tory of all property received by him to be administered, the 
list being prepared in duplicate and setting forth a full de- 
scription and the location of all property. The commissioner 
examines this inventory and presents it to the county court 
for approval and recording. Within two months after the sale 
of any property in the estate the personal representative is 
required to make an accounting of such sale to the commission- 
er of accounts together with the proof thereof and after exam- 
ination by the commissioner and approval of the court the 
account is recorded.  

Annual accountings are made to the commissioner by the 
fiduciary of all receipts and disbursements of funds in the 
estate except in the case of small estates in which an account- 
ing may be required only once in three years. After the pay- 
ment of all claims and settlement of all debts against the es- 
tate the fiduciary makes report to the commissioner as a final 
settlement which the commissioner in turn reports to the coun- 
ty court. The court then issues an order for the payment of 
legacies and the distribution of all funds remaining in the 
estate. 

Additional information relating to estates in this volume 
such as bills of sale, appraisements, and settlements, may be 
obtained from the records of the clerk of the county court of 
Upshur County. 

JOHN MERRILL CARR 
Assistant Project Technician