Submitted by Phyllis D. Slater.
Will Book 1- p 83 Marshall County, WV
In the name of God, I AaronPorter considering the uncertainty of this mortal life and being of sound mind and memory (blessed be almighty God for the same) do make and publish this my last will and testament in manner and form following: -
First I will that my just debts as shall be by me owing at my death together with my funeral expenses. And all charges from the proving of or otherwise concerning this my last will, shall in the first place out of my personal estate and effects be fully paid and satisfied. And from and after payment thereof and subject thereto. Then my will is that all the residue of my goods, stocks, chattels and household furniture shall be indiffirently appraised and after such appraisement made that the same shall be divided as follows:
1st. I give and bequeath unto my wife Ann my real estate and moveable property so long as she lives and continues my widow. But should my wife Ann change her way of life by marriage then my will is that she have only the one third of the moveable property.
2nd. I give and bequeath unto my son Alexander one horse saddle and bridle.
3rd. I give and bequeath unto my son Aaron one horse saddle and bridle whenever his mother shall see proper to give the same to him.
4th. I give and bequeath unto my daughter Sarah Jane one bedstead, bed and bedding. Also one cow.
5th I give and bequeath unto my daughter Avaline one bedstead, bed and bedding. Also one cow.
6th. I give and bequeath unto my daughter Mary the wife of Charles Stewart the sum of three dollars.
7th. I give and bequeath unto my son Garret the sum of three dollars; also Eleanor the wife of Edward Penix and Katherine the wife of Lazarus Hays three dollars each.
8th. I give and bequeath unto my son Nathaniel W.Porter one horse saddle and bridle. Also it is my will that the real estate be divided equally between Alexander and Nathaniel W.Porter upon the decease of their mother. My will is that the said respective legatees be paid within six months after my decease except Aaron's man.
Now I make and ordain and executors of this my last will and testament. And I hereby nominat and appoint overseer of the same this day of 1836.
Sealed signed and delivered: signed Aaron Porter
in the presence of
Marshall county court. August term 1846.
The last will and testament of Aaron Porter deceased was proved by the oath of Charles Stewart one of the subscribing witnesses thereto and the same is continued for further proof to be had at the next court.
Marshall county court: September term 1846. The last will and testament of Aaron Porter deceased was again brought into court and proved by the oath of William Gosney.Another of the subscribing witnesses thereto and is ordered to be recorded.
James D.Morris clk.
Where as Aaron Porter by his last will and testament designated to my wife Mary Stewart daughter of the said Aaron Porter the sum of three dollars. Now be it understood that for and in consideration of the natural love and affection I bear to my mother in law Anne Porter the wife of said Aaron Porter and in consideration of the sum of one dollar to me in hand paid. I do hereby release and fully acquit assign over to and convey to said Ann Porter all my interest under said will without recourse on me. Witness my hand and seal this 17 August 1846.
signed: C. Stewart G.W. Thompson
James D. Morris clk.
(Spelling and punctuation as written.)