Will of John Shell
In the name of God, Amen!
I John Shell Sr. of the County of Hardy in the state of Virginia being
now in the enjoyment of Good health, of sound mind and disposing
memory do make this my last will and testament:
Firstly: I will that as soon as convenient after my death all my personal
property shall be sold, and the proceeds of such sale as far as necessary
shall be applied to the payment of the expenses of my funeral and of my
just Debts.
Secondly: To my youngest daughter Dorothea I bequeath will and devise
all my lands with the buildings and improvements thereon and all the
appertenances thereto belonging and the surplus (if left after the payment
of my debts) of my personal property on conditions that she pay or cause
to be paid within one year after the sale of my personal estate property to
my other children the sums bequeathed to them hereinafter.
Thirdly: To each of my other children which may be living at my death, I
bequeath the sum of five dollars to be paid or caused to be paid to them
and each of them by my said daughter Dorothea as above directed. If any
of these other children should die leaving issue the latter shall be entitled
to such bequest of five Dollars.
Fourthly: Should my said duaghter Dorothea die unmarried, or if married
should die without leaving children, then my daughter Martha shall inherit
all the property, personal and real hereuntofore bequeathed and devised to
Dorothea in the like condition. And if Martha also die unmarried or if
married, die without issue then my daughter Elizabeth Ann shall inherit said
personal and real property on the same conditions.
Fifthly: Of this my last will and testament constituted and appoint my
friend John Michael Esq. Sole executor hereby revoking and annulling all
other wills heretofore made by me and declaring this my only last will and
testament.
In testimony whereof I herewith set my hand and affixed my seal this
twentieth day of January AD One thousand eight hundred and fifth-eight
(20th January 1858)
John Shell
{seal}
Signed sealed and delivered
by John Shell Sen as his
last willand testament in
the presence of us who in his
presence and at his request
have subscribed our names
as witnesses thereto.
Ernest Muntzing
Henry Hetzler
Ferdinand Muntzing
At a special term of the Circuit Court of Hardy County held at the
courthouse thereof on the 24th day of February 1860.
The last will and testament of John Shell Sen dec'd was presented in
court by John Michael the Executor therein named and proved by the
oaths of Henry Hetzler & Ferdinand Muntzing two of the subscribing
witnesses thereto who subscribed to the said will in the presence of
the testator & of each other and ordered to be recorded.
And thereupon the said John Michael entered into bond with security
in the penalty of Two thousand Dollars conditioned as the law directs
and took the oath as such Executor by law prescribed (the securities in
said Bond having justified in open court to their efficiency) and a
certificate is granted him for obtaining a probate thereof in due form.
(Teste) Chas Lobb CCHC
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