Hardy County Wills

Will of Rudolph Shobe 1827 - 1829
This document was transcribed by Margaret Lew from Leonard Hire's xeroxed copy of the original records. Illegible words are indicated by [...]
In the name of God amen, I Rudolph Shobe of the county of Hardy State of Virginia being weak
of body but of sound and disposing memory (for which I thank God) in calling to mind the
uncertainty of human life and being desirous to dispose of all such worldly estate as it hath
pleased God to bless me with ---   I give and bequeath the same in manner following, that is to
say, I give and bequeath to my beloved partner Magdalene Shobe all the land I purchased of
Christopher Strother during her natural life and no longer, and also one negro boy named Joseph
her life time and two negro girls, Lucy and Nelly; three head of horses of her own choice, three
cows of her own choice, three heifers of her own choice, and also all my household and kitchen
furniture, two pair of gees, one big plow, one shovel plough, one loom & tackling belonging
thereto, all the above bequest except the land and negro Joseph to be disposed of by her as she
may think best.

Item I give and bequeath to my son Isaac Shobe, one negro boy Joseph after the death of my
wife, and also one negro boy named Willie as Also the use [...] For five years from the date
hereof; the two negro boys Levi and Henry hereinafter bequeathed to my sons Solomon &
Samuel, also one 8 day clock, he the said Isaac paying to his brother Daniel the sum of thirty
dollars on account said clock, also one sett of blacksmiths tools two wagons and gear, one wind
mill and all my livestock (except the three in the devise to my wife) for which he must pay to my
executor hereafter named part on the south side of said Creek with the exception of a five acre
lot. ----- it is, likewise to understood that in the event of my son Daniel leaving this country, only
a part of said Landers place, which we shall hereafter mention, will be for the use and benefit of
said Daniel -- namely, from the Moorefield road up the creek to Fishers line, and with Fishers line
to the Moorefield road again -- should Daniel remain at home he is to have the part first above
mentioned, only with the exception of the five acre lot which is to be for the use and benefit of
Isaac. ----

My son Isaac to have the remainder of said Landers land on the north side of said creek, and in
the event of Daniel's going away the balance on the south side, with the exception of the part
above mentioned which Daniel is to retain namely, from the Morefield &c.  The above to be for
their use and benefit for the term of six years, to commence after my decease, and at the end of
said term they are to leave it in good repair not destroying the crop(?) fences which are now
standing, but keeping them in good order, in failure of which to pay such damages as my
executors shall determine, they being the judges; -- and to pay all manor rents and taxes on the
same during the time they have it in possession.--

It is my will after my sons Daniel and Isaac's six years, shall have expired that my executors
hereafter named, sell at public or private sale as they may think best all my lands, and make title to
the purchaser or purchasers, with the following exception, viz -- provided the whole be sold at
once no possession to be given of that part in the devise retained for my wife Magdalene Shobe,
untill after her decease, and payment for said part only to be made when put in possession of the

From the monies arising from the sale of my lands it is my will that one thousand dollars, from the
first payment be paid, one half to my son Daniel, and the other half to my son Isaac Shobe, and
the balance to be equally divided amongst all my children, namely Daniel Shobe, Jacob Shobe's
heirs, Solomon Shobe, Samuel Shobe, Isaac Shobe, Elizabeth Shobe now Alkire, Mary Shobe
now Judy, Clory Shobe now Judy.--

In case the hundred dollars I have left to my son Isaac Shobe should not be sufficient to discharge
all my debts, I hereby order that my executors dispose of as much of my son Isaacs & of my wife
Magdalenes property as shall discharge all such claims at my decease, --

It is my will that my son Samuel Shobe pay to my son Isaac Shobe three hundred dollars out of
his share arising from the sales of my land in the following manner, one hundred fifty dollars out
of the second payment and the same sum out of the third payment and my son Solomon to pay to
my son Isaac the same amount and in the same payments out of the shares arising to him from
said sales.

It is my will that Daniel Shobe son of Jacob Shobe, or my son Samuel Shobe or either of them ,
draw all the money coming to my son Jacobs children, (with the exception one hundred dollars to
be paid to the widow of said Jacob Shobe deceased) and pay the same out in land where they may
think best for the use of said children, and the aforesaid Daniel & Samuel Shobe or either of them
divide said land and give to each one his or her just proportion equally, it is my wish if possible
that the above be drawn by the aforesaid Danl & Samuel Shobe out of the fourth payment should
said payment be sufficient for that purpose, and if insufficient the balance to be drawn from some
other payments.

It is my will that my daughter Clory Judy draw five hundred dollars of what may fall to her in the
equal division of the proceeds of my land, and that the balance over and above said sum be
distributed equally amongst her children.

I wish my wife Magdalene Shobe to take out her six heads and the balance of the cattle sheep and
hogs to be divided equally between my sons Daniel and Isaac, as also the balance of moveables
not herein mentioned.

I wish my executors to take notice of Woods and Greers law-suit, that in the event of any
damages being created by said suit, said damages are to be drawn out of the whole and not out of
any of my heirs individually.

I do hereby constitute and appoint Aaron Welton, Jacob Hire, Job Welton and my son Daniel
Shobe, executors of this my last will and testament, hereby revoking all other or former wills or
testaments by me heretofore made.  

In witness whereof I have hereunto set my hand and affixed my seal, this 16th day of June in the
year of our Lord One thousand eight hundred and twenty seven.

Signed, sealed, published                         His
 and [...] By Rudolph                   Rudolph    R        Shobe (SEAL)
Shobe as [...] For his last
will and Testament, in the                        Mark
presence and hearing of us, who,
at his request[...] And in his,
presence have subscribed our
names as witnesses

John Barkdoll
Jonathan Barkdoll
R. Barryside

Codicil: To t his my last will and Testament as follows     I do give and bequeath to my son
Isaac Shobe [...] A negro boy named Joseph to be his and his heirs and assigns forever.

Whereas a dispute now exists between my son Daniel Shobe and my son-in-law Michael Algire
for the lands Daniel purchased for said Algire --

It is my will and I do hereby direct that if my son Daniel Shobe should sustain any damage or loss
by any suit conducted by said Algire against him for the lands then the amont of said damage of
loss so sustained shall be deducted from the part devised in my last will to said Michael Algire.  In
which hereof I have hereunto set my hand and seal this 23 of March in the year 1829

James Gray                              His
John Borkdoll                 Rudolph   RS   Shobe (seal)
Jonathan Barkdoll                       Mark

At a court held for hardy county the 12th day of May 1829.

This last will and testament of Rudolph Shobe decd was presented in court and together with the
codicil thereto annexed proved (each) by the oaths of John Barkdoll and Jonathan Barkdoll two of
the witnesses thereto and ordered to be recorded.


And at a court held for said County the 18 day of February 1834

On the motion of John Welton, one of the executors therein who made oath according to law a
certificate is granted him for obtaining a probate thereof in due form on entering into bond with
security whereupon he with security entered into and acknowledged bond conditions as the law
                              Jos Carr Gamble

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