Calendar of wills in West Virginia, no. 49, Upshur County (Buckhannon), Part 1

Author: Historical Records Survey (West Virginia); United States. Work Projects Administration (West Virginia)
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0113494


FORM 352W 3M


The Genealogical priety Library


No. 24179


Date Dec. 1941


DEC 2 1941


CALENDAR OF WILLS IN WEST VIRGINIA


NO. 49. UPSHUR COUNTY (Buckhannon)


DATE MIO DIL


MAR 1 0 204


LIB USCAN


1119


167360


Prepared by


The West Virginia Historical Records Survey Division of Community Service Programs Work Projects Administration


GENEA' : XXCAL SOCIETY OF UTAH 24179


US/CAN 975.464


975.462 Shh


Charleston, West Virginia The West Virginia Historical Records Survey August 1941


.


W.Va+ H 2


Historical Records Survey Projects


Sargent B. Child, Director Eva Margaret Carnes, State Supervisor


Research and Records Programs


Harvey E. Becknell, Director George W. Hubley, Jr., Regional Supervisor Paul B. Shanks, State Supervisor


Division of Community Service Programs


Florence Kerr, Assistant Commissioner Mary G. Moon, Chief Regional Supervisor Irene Gillooly, State Director


WORK PROJECTS ADMINISTRATION


Howard 0. Hunter, Commissioner George H. Field, Regional Director J. N. Alderson, State Administrator


TN 55848 Sponsor : West Virginia Department of Archives and History


Co-sponsor : The County Court of Upshur County


PREFACE


The Historical Records Survey was established in. West Virginia in 1936 as a part of the Federal Historical Records Survey, under the national direction of Dr. Luther H. Evans. Pursuant to an Act of Congress the Federal Historical Records Survey, with other Work Projects Administration federal pro- jects, was terminated August 31, 1939; its work in West Vir- ginia has been continued since then by the West Virginia His- torical Records Survey, sponsored by the West Virginia Depart- ment of Education until July 1, 1940 and after that date by the West Virginia Department of Archives and History. Mr. Sargent B. Child succeeded Dr. Evans as Director of Historical Records Survey Projects March 1, 1940. Up to the present time the Survey throughout the nation has issued approximately 1,315 publications.


The volume here presented is the first of a series of calendars of wills which will be prepared and published by the West Virginia Historical Records Survey from the recorded wills of the 55 counties in our State. It is hoped that the abstracts of this series will present a picture of the persons who resided in the county prior to 1885 and of the property which they owned. Later series of publications will supplement this information by listing appraisements and bills of sale.


The Record of Wills series in each county have been care- fully abstracted by the county worker and rechecked by the State editorial staff. Proper names and descriptions of prop- erty are spelled as they appear in the recordings. The en- tries are entered chronologically by date of probate and are arranged as follows: name of testator, occupation of testator if shown, place will made, date will made, date of probate, names of devisees, name of executor, abstract of will, names of witnesses to will, book and page number of recording, and assigned calendar number. Abbreviations are used whenever per- missable in order to shorten the abstracts. Because of the frequent use of names in boundary descriptions, names of lega- tees are set out in solid caps in order to avoid confusion.


Initial work on this volume was done by Mrs. Beatrice Arnold Giffin and Miss Ruth Hawkins of Buckhannon. Compila- tion of entries and rechecking was done by the State editorial staff under the direction of John M. Carr, assistant project technician.


Acknowledgment of assistance is given to Allen B. Cutright, clerk of the county court of Upshur County, for the advice and help which he gave to Mrs. Giffin throughout the abstracting of the wills. Acknowledgment is also made to the County Court of Upshur County, co-sponsor of the project, for their coopera- tion and contributions.


iv


Preface


Appreciation is also expressed to Joseph N. Alderson, State Director of Work Projects Administration, Mrs. Irene Fallon Gillooly, Director of Community Service Programs, and Paul B. Shanks, State Supervisor of Research and Records Pro- grams, for their kind cooperation in administration of the project.


A list of completed publications of the Historical Rec- ords Survey in West Virginia will be found in the back of this volume. Requests for information concerning these publications should be addressed to the Historical Records Survey, 210 Smallridge Building, Quarrier Street, Charleston, W. Va.


Tva Marquent Carnes


EVA MARGARET CARNES State Supervisor The West Virginia Historical Records Survey


Charleston, West Virginia August 5, 1941


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, I 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.2 The executor then gives 3 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


1. W. Va. Const., 1872, ch. 24, art. 8.


2. Va. Code, 1849, ch. 30, art. 3; ibid., 1860, ch. 1.30, art. 3; W. Va. Code, 1868, ch. 85, art. 3; W. Va. Acts, 1872- 73, ch. 122, art. 3; Code, 1923, ch. 85, art. 3.


3. Va. Code, 1849, ch. 130, art. 5; ibid., 1860, ch. 130, art. 5; W. Va. Code, 1868, ch. 85, art. 5; W. Va. Acts, 1872- 73, ch. 122, art. 5; ibid., 1903, ch. 13, art. 5; ibid., 1907, ch. 56, art. 5; Code, 1923, ch. 85, art. 5.


vi


Introduction


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.2 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.3


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.4 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-


1. W. Va. Acts, 1903, ch. 13, art. 5; ibid., 1907, ch. 56, arts. 1, 5; W. Va. Code, 1923, ch. 85, arts. 1, 5.


2. W. Va. Acts, 1863, ch. 36, art. 1; ibid., 1882, ch. 68, art. 6; ibid., 1883, ch. 28, art. 6; ibid., 1885, ch. 26, art. 6; W. Va. Code, 1923, ch. 87, art. 6; W. Va. Acts, 1933, Ex. Sess., ch. 57.


3. Va. Code, 1849, ch. 130, art. 12; ibid., 1860, ch. 130, art. 12; W. Va. Code, 1868, ch. 85, art. 12; W. Va. Acts, 1872-73, ch. 122, art. 12; ibid., 1904, ch. 7, art. 12; ibid., 1907, ch. 56, art. 12; W. Va. Code, 1923, ch. 85, art. 12; W. Va. Acts, 1937, ch. 66.


4. Va. Code, 1849, ch. 132, art. 3; ibid., 1860, ch. 132, art. 3; W. Va. Code, 1868, ch. 87, art. 2; W. Va. Acts 1872-73, ch. 234; ibid., 1882, ch. 68, art. 2; W. Va. Code, 1923, ch. 87, art. 2; W. Va. Acts, 1937, ch. 64.


vii


Introduction


er of accounts together with the proof thereof and after exam- ination by the commissioner and approval of the court the account is recorded.1


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. 3 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.4


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 Mer ill l'as JOHN MERRILL CARR Assistant Project Technician


1. Va. Code, 1849, ch. 132, art. 4; ibid., 1860, ch. 132, art. 4; W. Va. Code, 1868, ch. 87, art. 3; W. Va. Acts, 1872-73, ch. 234, art. 4; ibid., 1882, ch. 68, art. 3; W. Va. Code, 1923, ch. 87, art. 3.


2. Va. Code, 1849, ch. 132, art. 7; ibid., 1860, ch. 132, art. 7; W. Va. Code, 1868, ch. 87, art. 6; W. Va. Acts, 1872-73, ch. 234, art. 7; ibid., 1882, ch. 68, art. 6; ibid., 1885, ch. 26, art. 6; W. Va. Code, 1923, ch. 87, art. 6. Ibid.


3.


4. W. Va. Code, Michie, 1937, sec. 4170.


ABBREVIATIONS


a.


acre ackn. acknowledged afsd. aforesaid


Bk.


Book


bro(s). brother (s)


dau(s). daughter(s)


and so forth


etc.


executor (s)


ex(s).


grdau (s). granddaughter (s)


justice of the peace


j.p.


months mos.


n.d.


not dated


notary public n.p.


nr. near p. page pd.


paid pmt (s). payment (s)


pp. pages pvt. private sd.


said


teste. testated


township tshp.


Va. Virginia Va. Vol. Inf. Virginia Volunteer Infantry W. Va. West Virginia yr (s). year (s)


........... .......


CALENDAR OF WILLS UPSHUR COUNTY


(1, 2)


WOOD, JOSEPH, farmer, Upshur County, Va., n.d .; June term, 1851.


L.L.D.Loudin, ex.


Testator desires pmt. of debts and funeral expenses from first money pd. to ex. from accounts, if funds insufficient enough property to be sold; slaves to remain "on farm" until youngest child (not named) becomes of age then to be equally divided among "all my children"; widow to retain her 1/3 inter- est during life, at her death her share to be sold and pro- ceeds to be divided among children; household and kitchen fur- niture and other necessary personalty to remain on farm; farm to be kept in use of family until youngest child reaches legal age then to be sold with reservation of dwelling house and 1/3 of realty to wife for life use; remainder to be equally divided among children and at widow's death same division to be made.


Teste., Mary F. Rothwell, Jac. Waugh, J. B. Shreve. Bk. 1, pp. 1, 2.


JACK, JACOB, Upshur County, Va., 3 Jan. 1852; Feb. term, 1852.


Wife EASTER, sons, JONATHAN S. JACK, HENRY M. JACK, JOHN S. JACK, daus., SARAH S. SIMS, NANCY JANE BURR, ANGELINA JACK, EASTER S. JACK, ANDSON R. JACK, HENDERSON JACK. Wife Easter, ex.


Testator desires pmt. of debts and funeral expenses; be- queaths to son JONATHAN S. JACK, 1094 a. tract of land on which sd. son resides; to son HENRY M. JACK, 100 a. adjoining afsd. bequest; to son JOHN S. JACK, $50; to dau. SARAH S. SIMS, $50 to be pd. in 5 yrs. after date of will; to dau. NANCY JANE BURR, $10 to be pd. in 5 yrs. after date of will; to wife EASTER remainder of personalty and realty for use during life- time and at her death to be divided equally among "four child- ren living at home" ANGELINA JACK, EASTER S. JACK, ANSON R. JACK and HENDERSON JACK.


Teste., David Bennett, Aaron Gould, Jonathan Hefaner. Bk. A, p. 3. /2/


HYRE, PETER, Upshur County, Va., 8 Jan. 1852; Feb. term, 1852.


Wife, ELIZABETH, sons ELMORE HYRE, JOHN HYRE, TURNER HYRE, STEWART HYRE, HENRY HYRE, TAYLOR HYRE, daus. RUHANNAH SIMMONS, MINNIE /HYRE/. Son Elmore Hyre, ex.


Testator bequeaths to wife ELIZABETH, "sorrel mare and young black horse," 4 cows, 15 sheep, 7 hogs, 2 yoke of oxen, farming equipment to carry on farm, all household furniture "except a good bed to each of the girls" use of farm for widow- hood; to dau. RHUHANNAH SIMMONS, prior gifts consisting of cow, calf, 3 sheep, one side saddle, bed clothes, valued at $38; to son ELMORE HYRE, horse and saddle valued at $100 and 100 a. tract on Beaver Run where sd. Elmore resides, ex. to make deed with provision that he pay $70, prior pmts. having


-2-


(3, 4)


amounted to $30, pmt. to be made to "Turner and the rest of the boys younger than he when they are of age"; to son JOHN HYRE, prior gift of horse and saddle and cow valued at $100, and also 100 a. tract on Left Hand Fork of Bulls Run where sd. John now resides with provision that he pay $100 as in afsd. bequest; to son TURNER HYRE, prior gift of one young bay mare and saddle; to son STEWARD HYRE, "my dun mare's youngest colt"; to HENRY and TAYLOR, "colts or horses equal to Turner and Steward"; to dau. MINNIE, "sorrells youngest colt"; remainder of realty and personalty to wife ELIZABETH.


Teste., Pascal P. Young, Benjamin Gould, William S. Bready. Bk. A, pp. 4, 5. 3


JACKSON, HENRY, Upshur County, Va., 20 Nov. 1848; Mar. term, 1852.


Wife, ELIZABETH, son, EDWARD C. JACKSON, daus. ELISABESS P. PREBBELL, AMANDA M. PREBBEL, RACHEL C. MILLER, MARY S.M. ROSA WYRICK, children, DECATURE, SAMUEL, DEXTOR, JAMES ALONZO, MARRION ORLANDO, MELISSA, GEORGE WASHINGTON, ARTEMISHA, GALIPSO MERO. Wife, Elizabeth Jackson, ex.


Testator bequeaths as follows "I have given unto my sons by the first wife all that I intend to or can except EDWARD C. JACKSON. I give to my three daughters ELISABESS P. PREBBELL, AMANDA M. PREBBEL, RACHEL C. MILLER the land that John Cozad let me have known as Crutslow Bend to be sold at one, two and three year payments for AMANDA M. PREBBELL to have one halfe and the other to be divided between other two daughters, To my son EDWARD the land promised to me by John B. Shrev and Henry 0. Middleton where Benjamin Miller lives, a cow worth Twelve dollards, a Horse and saddle worth Fortyfive dollars but the one hundred acres is not conved Middleton and Shrev for him to have two hundred dollars mony, Notes or land. The land or money to be on intrest for him as he is not of sound mind ... He has pat of land that his mother owned that is to be on interest to support him. To my daughter MARY S.M. ROSA WYRICK fifty dollars when there is so mutch of the land soald to pay her without pressing on my wife, One cow one saddle worth thirty doles. To my wife ELIZABETH as long as she is my widow the whole of my land and moveable property not otherwise disposed of for Shool and board and raise my children on that she is the mother of, to wit: DECATURE, SAMUEL, DEXTOR, JAMES ALONZO, MARRION ORLANDO, MELISSA, GEORGE WASHINGTON, ARTEMISHA, GALISPO MERO as she may think best but she must sell that worth- less Negro garlo if she is not sold in my time also I have sev- eral law suits now pending and if I go out of time before they are desided, then suites to be renewed in the names if my last wife's children. School the children if possible, If any of my children or wife after my death shall dispute my right to dispose of foregoing property they shall be cut off from all that is devised to them that it shall be divised to the last wife's children"; states that foregoing will is "wholy in my own handwrite."


Teste., James T. Hartman, David Hall, Robert Johnson, John B. Shreve.


Bk. A, pp. 5-7. /4/


-3-


(5-7)


ABBOTT, DANIEL, Upshur County, Va., 17 May, 1853; June term, 1853.


Mother, FRANCIS ABBOTT, bro. JOHN W. ABBOTT, bro .- in-law, ROBERT PRITT. John D. Simin, ex.


Testator desires pmt. of debts and funeral expenses; be- queaths to mother FRANCIS ABBOTT, $10; remainder of property to bro. JOHN W. ABBOTT and bro .- in-law ROBERT PRITT to be equally divided, sd. JOHN W. ABBOTT to have "my rifle gun, " sd. ROBERT PRITT to have "new gun."


Teste., A. W. C. Lemmons, David E. Casto.


Bk. A, p. 8. /5/


FRETWELL, SARAH J., Upshur County, Va., 10 Mar. 1853; May term, 1854.


Son, SAMUEL B. FRETWELL, other children not named. Son,


Samuel B. Fretwell, ex.


Testatrix desires pmt. of debts from personalty; bequeaths to son SAMUEL B. FRETWELL a negro boy named William "for his services in support of my family and the education of my in- fant children"; if sd. Samuel die without lawful issue ; sd. William to be sold and proceeds thereof to be divided among surviving children of testatrix; devises that "the four slaves and the future increase of the females should pass and go in fee simple" by deed on record in Albemarl, Lewis, and Upshur Counties, sd. slaves to be kept together until testatrix's youngest child becomes of legal age, then executor to sell slaves and distribute proceeds equally among children, or make equal division of the slaves; remainder of realty and personal- ty to be distributed as preceding bequest.


Teste., Henry Ours, M. Y. Humphery, R. Fretwell. Bk. A, pp. 10, 11. /6/


STRADER, JONAS, Upshur County, Va., 8 April 1854; May term, 1854.


Wife and children, not named. Bro., Valentine Strader, ex


Testator desires ex. to sell "the tract of land purchased of Hinkle and that portion of the home place lying on the southeast side over the hill be both sold after my death. My cattle is to be pastured on my lands and to be sold in the fall, also, the McCan horse after the planting, all bonds coming to me or debts to be collected and debts paid"; bequeaths remain- der of personalty to wife for widowhood and to children (not named); desires that ex. contract with Jacob B. Strader "or some other workman" to build and finish a house 26' x 16' for wife and children; bequeaths to wife "as many milch cows and heifers as she desires."


Teste., D. S. Haselden, D. S. Pinnell, James E. Slaughter. Bk. A, pp. 9, 10. /7/


-4-


(8, 9)


MAYO, NANCY H., Upshur County, Va., 29 Apr. 1854; July term, 1854.


TASVILL MARSHALL, CLAUDIUS B. MAYO, MALINDA HURNDON, ANN E. DURETT, SOPHIA MARSHALL, (relationship not shown ). Tasvill Marshall, ex.


Testatrix bequeaths to TASVILL MARSHALL, $100; to CLAUDIUS B. MAYO, MALINDA HURNDON, ANN E. DURETT, and SOPHIA MARSHALL equal division of all money, bonds or other personalty.


Teste., Claudius B. Mayo, Valentine H. Dicenson, Mary E. Haris.


Bk. A, p. 17. /8/


GIBSON, ALEXANDER I., Upshur County, Va., 14 Oct. 1854; Nov. term, 1854.


Sister COLUMBIA A. GIBSON, bro. CHARLES W. GIBSON, step- mother MARGARET GIBSON, children of sister CAROLINE LAWHORN. Father, Enoch Gibson, ex.


Testator bequeaths "Whereas my grandfather the late John Jackson in his bequests give unto my later mother Elizabeth Gibson who was Elizabeth Jackson a certain tract or parcel of land now lying in the county of Upshur and in the possession of my father Enoch Gibson which will descend to the lawful heirs of her body in fee simple" sd. land to be divided into 3 equal parts, one part to sister COLUMBIA A. GIBSON, and two parts to bro. CHARLES W. GIBSON when they reach legal age; if either of afsd. devisees die property to survivor, if both die one share in fee simple to testator's step mother MARGARET GIBSON, other share to remain in executor's hands for education and support of children of testator's sister CAROLINE LAWHORN; sister COLUMBIA A. GIBSON and bro. CHARLES W. GIBSON, to be educated as part of bequest to them.


Teste., Henry Ours, R. Fretwell.


Bk. A, pp. 18, 19. /9/


POST, ABRAHAM, Upshur County, Va., 22 June 1854; March term, 1855.


Wife, CHRISTENA, sons ABRAM, DANIEL, ISAAC, GEORGE, daus . FANNY RADABAUGH, BARBARA SWECKER, MARY BENNETT, grdaus. CAROLINE ROHRBOUGH, ELIZABETH ROHRBOUGH, MARGARET LINCH, GEMIMAH CLARK, Sons, Abram Post and Daniel Post, exs.


Testator desires pmt. of debts and funeral expenses ; queaths to wife CHRISTENA, "sufficient sum of money to main- tain her comfortably for life to be paid by executors each year or when demanded by her not to exceed one hundred dollars each year"; exs. to collect all debts and sell all property except "my two-horse wagon and blacksmith tools"; to son ABRAM, sd. wagon and tools; to son ISAAC, in addition to prior gifts, $50; to son GEORGE, in addition to prior gifts, $50; to dau. FANNY, wife of Benjamin RADABAUGH, in addition to prior gifts, $50; to dau. BARBARA, wife of Daniel SWECKER, in addition to prior gifts, $20; to dau. MARY, wife of Simon BENNETT, $400; to grdau. CAROLINE ROHRBOUGH, $50; to grdau. ELIZABETH ROHRBOUGH


-5-


(10-13)


$50; to grdau. JEMIMAH, wife of Reiley CLARK, $50; to grdau. MARGARET, wife of Daniel LINCH, $50; remainder of estate to sons ABRAM and DANIEL POST.


Teste., G. W. Berlin, Fred'k. Berlin, H. McFaddin. Bk. A, pp. 20-22.


Codicil: 8 Feb. 1855.


/107


Testator bequeaths to grdau. GEMIMA CLARK, $300 to be in- vested in land as follows: son Daniel Post is indebted to testator for $400 of which he is to pay $300 for a tract of land to be selected by Riley Clark, husband of sd. Gemima, deed to be made in Gemima's name; to son DANIEL POST, remainder of $400 note.


Teste., Jac. Waugh, Ira Post.


SEE, ANTHONY/ B., Upshur County, Va., 30 June, 1855; July term, 1855.


Wife JULIA, son RANDOLPH. Ezekeal Townsent and William Townsent, exs.


Testator desires pmt. of debts and funeral expenses from sale of homestead in French Creek and of stock; to wife JULIA and son RANDOLPH, tract of land known as John Burr farm with provision that they care for rest of children, not named; to wife JULIA all household and kitchen furniture and farming equipment.


Teste., Amos Brooks, John Shobe.


Bk. A, p. 25. /117


BROWNING, WILLIAM H., Upshur County, Va., 17 March 1856; April term, 1856.


Wife MARY, children SARAH JANE, JULERATTA, JOHN WESLEY, MARY SUSAN, GREENBEERY FULTON, JAMES HOPKINS. Wife, Mary, ex. Testator bequeaths to wife MARY, choice of 2 negroes, homestead to use as she pleases; after death of sd. Mary prop- erty to be sold and divided equally among children SARAH JANE, JULERATTA, JOHN WESLEY, MARY SUSAN, GREENBERRY FULTON, and JAMES HOPKINS; remainder of personalty to be sold and used for pmt. of debts; any residue of afsd. sale to be used for care and education of children; executrix to give deed to James Matheny for moiety for which he holds testator's title bond "with all the purchase money paid on it."


Teste., M. Boatwright, D. H. Shumaker.


Bk. A, p. 23. /127


HAMNER, THOMAS, Upshur County, Va., 10 Apr., 1856; May term, 1856.


Wife MARIA B. HAMNER, children not named. Wife Maria, ex. Testator desires pmt. of debts and funeral expenses; to wife MARIA B., all personalty and realty for life; at death of sd. Maria property to be sold and equally divided among testa- tor's children, not named.


Teste., Nathanial Moon Jr., Schuyler T. Moon, Nathaniel Moon Sr., Nathanial H. Hannah, William G. Harlin. Bk. A, p. 24. /137


-6-


(14, 15)


GOULD, NATHAN, Upshur County, Va., 31 July, 1855; Oct. term, 1856.


Wife CEMANTHA, sons, JOSEPH, JOEL FREEMAN, NATHAN, JONA- THAN, WATSON, JOSEPH, daus. ESTHER PHILLIPS, CELIA, ROXANA, CYNTHA ANN HOWES, MARTHA RICE, ELIZABETH BUTTON, JULIA CURTIS and LYDIA BROWN. No ex. named.


Testator bequeaths to son JOSEPH, all personalty with ex- ception of household furniture and all realty with exception of 100 a. (testator's homestead) with provision that he care for testator's wife CEMANTHA for lifetime; also that sd. Joseph allow testator's sons JONATHAN and WATSON to reside with him, and work for him, until they reach legal age; should Joseph fail to support sd. Cemantha then realty and personalty to her for lifetime or widowhood; to wife CEMANTHA, all house- hold furniture; to son JONATHAN 1/3 of remaining realty with provision that he pay testator's dau. ROXANNA $15; to son WATSON, 1/3 of realty with provision that he pay testator's dau. CELIA, $15; to son MARSHALL, prior gift of 50 a., on French Creek with provision that he pay testator's dau. ESTHER PHILLIPS, $15; son JOSEPH to pay testator's dau. CYNTHIA ANN HOWES, $15; to daus. ROXANNA and CELIA, same amount of house - hold articles as "sisteres Esther and Cyntha Ann have"; to sons JOEL FREEMAN, and NATHAN, $1 each; to daus: MARTHA RICE, ELIZABETH BUTTON, JULIA CURTIS, and LYDIA BROWN, $1 each.




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