Patrick Flemming

Submitted by Kathy Futey

  • Source: Will Book Vol 11 (pages 225-226)
  • Court/Repository: Hampshire County Court House, Romney, WV

I Patrick Flemming of the County of Hampshire do make this my last Will and Testament.

First. I will and direct that my debts and funeral expenses be paid.

2. I will and bequeath to my son James Flemming the plantation upon which I now reside called the “Home place” to him and his heirs and assigns forever subject however to the following incumbrances, the said James is to pay to my daughter Ann Shirley the sum of one hundred and ninety four dollars, to my grand son James Thomas Shirley the sum of one hundred and fifty dollars, to my grand daughter Elizabeth Shirley the sum of one hundred and fifty dollars and to my daughter Catherine Flemming the sum of Four hundred and Ninety four dollars amounting in the whole to Nine hundred and eighty eight Dollars, the said sum to be paid in instalments of eighty dollars per annum to be apportioned according to the several sums above devised the first instalment to be paid within one year after my decease, the sum above devised to my daughter Ann Shirley is to be for her sole use and benefit and not to be subject to the controle of her husband or liable for his debts and my said son James is to be trustee for the purpose of carrying my will as to her into affect -

3. I will that a debt due from me of seventeen dollars & Fifty Cents to Ann Shirley my Daughter be paid to her out of my personal estate or the assets that may come to the hands of my executor -

4. I will and bequeath three undivided fifth parts of the land now in the occupancy of William S. Kline to James Flemming my son to be held by him in trust for the use and benefit of my Daughter Christiana Kline the wife of the said William S. Kline, the said James to pay her the rents and profits of the same or to let her have the use of the said land, but in the event of the death of the said William S. Kline before his said wife, the said trust is to cease and the said land become the absolute property of the said Christiana to dispose of as she may think best, and in case of the death of my said daughter Christiana before the said William S. Kline then it is my will that the lands hereby devised in trust as aforesaid shall become the property of my grand children being the children of said Christiana which she may leave at the time of her death, But the said land is under no circumstances to be vested in the said William S. Kline, nor is he ever to have any controle or authority over the same in any way whatsoever -

5. I give and bequeath the two undivided fifth parts of the land now in the occupancy of William S. Kline not heretofore devised to my son Edward Flemming his heirs and assigns forever

6. I give and bequeath to my son James Flemming to be paid out of my personal estate one hundred and ninety four dollars -

7. I give and bequeath to my son Edward Flemming to be paid out of my personal estate on the 1 day of January 1841 the sum of one hundred and fifty dollars -

8. It is my will that all the residue of my estate after the payment of my Debts, funeral expenses and the above named legacies be divided equally among the following persons, my children viz James Flemming, Edward Flemming, Ann Shirley, Christiana Kline and Catherine Flemming and that the portions of said Ann Shirley & Christiana Kline of such surplus be held by my executor in trust for the benefit and paid to them or to their use either principal or interest as to him may seem best during the time they may continue married womans, but when they or either of them shall cease to be feme covert then they shall be entitled to receive the same as they may choose -

Lastly I hereby appoint my friend John Sloan executor of this my last will and testament revoking and annulling all other and former wills by me heretofor made.

In testimony whereof I now hereunto set my hand and seal this 27th day of September 1838

signed, sealed, published
pronounced & declared
by the testator as and for
for his last will and testament
in presence of us who in his
his presence, at his request and in
presence of each other have
Subscribed the same as witnesses
Josiah Smoot
Benjamin Arnold
Patrick Flemming (Seal)

At a court held for Hampshire County on the 22d
day of October 1838 This last will and testament of Patrick Flemming dec'd was presented in court proved by the oath of Josiah Smoot and with affirmation of Benjamin Arnold witnesses thereto and ordered to be recorded; and on motion of John Sloan the executor therein named who made oath according to law certificate of the probate thereof is granted him in due form, whereupon he with George Sloan his security entered into and acknowledged bond in the penalty of $3000.00, conditioned as the law directs.
  Teste                          
John B. White CGC   

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