Transcribed and submitted by Teresa Mondelli.
IMAGES OF WILL
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Will of Samuel Cockayne
Marshall County WV
Will Book 1, Page 174
April 12, 1850
In the name of God Amen. I Samuel Cockayne of the county of Marshall and the state of Virginia, being of sound mind and disposing memory do hereby ordain this instrument of writing as my last will and testament hereby working and annulling all other heretofore by me made. In the first place I will and bequeath to my two sons Bennett Cockayne and Vincent Cockayne and their heirs forever, all the three several tracts of land on which I reside containing five hundred and thirty nine acres more or less and being the same purchased from Adam Woolford, James Riggs, and Bennett Cockayne, to them the said Bennett Cockayne and Vincent Cockayne their heirs and assignees forever. And I do hereby require and charge upon the estate affordsaid the payment of four hundred dollars to my son Samuel Cockayne. The sum of four hundred dollars to my son Hiram Cockayne and the sum of five hundred dollars to my daughter Margaret intermarried with William McFarland and the sum of four hundred dollars to be equally divided amongst the heirs of my deceased daughters Jane and Elizabeth, and the further sum of one thousand dollars to my dearly beloved wife Hannah provided she accepts the provisions made in this my last will and testament in lieu of her dower, and in the event of her refusing to accept, and claiming her dower interest then and in that case all the grants & bequests made or to be made to her and the bequest of Five hundred dollars heretofore made to my daughter Margarett, together with whatever grants, bequests or devices made or to be made to my wife Hannah and my daughter Margarett in this instrument of writing, shall in the event of my said wife Hannah refusing to accept the provisions therein made in lieu of her dower intend shall be null and void and of non? effects.
It is my further will and desire that my sons Bennett and Vincent shall pay to the respective legator? the bequests herein named in two and four years, with the exception of the bequest to my wife which they are required to pay in three annual installments.
And I further grant and devise to my son William Cockayne the sum of Five hundred dollars to be paid by sons Bennett and Vincent and for which the lands divided totally. Sons Bennett and Vincent is charged as in the several cases before recited and to be paid in equal payments of two and four years as before named. I further give and divise to and my dearly beloved wife Hannah during her natural life (provided she accepts the provisions of this will in lieu of dower) two lots in Elizabethtown No thirteen and seventeen to have and to hold the same during her natural life. And the remainder over to my son Bennett Cockayne and my daughter Margaret their heirs and assigns forever. The grant of the moeity of the lots aforesaid to my daughter Margarett as well as the bequest made herefore to her to depend upon her mothers acceptance of the provisions of this will in lieu of her dower. If she fails to accept then the bequeath and devises if this instrument of writing to my said daughter Margarett and my wife Hannah to be null and void.
Lastly I give and bequeath to my sons Bennett and Vincent all my personal estate, goods, chattels, moneys and effects and hereby constitute and appoint them Executors of this my last will and testament.
After due reflection and considerations I do hereby render the grants and devices made in this my last and testament, to my daughter Margarett absolute, and not in any way depending upon her mothers acceptance of the provisions heretofore made in lieu of her dower.
In witness Whereof I have hereunto set my hand and seal this 12" day of April in the year of our Lord one thousand and eight hundred and fifty.
Signed sealed published and delivered by Samuel Cockayne. (His signature)
as and for this last will and testament in the presence and hearing of us who at his request and in his presence have subscribed our names as witnesses:
James D Morris
G M Price
John Thompson Jr.
Virginia Marshall County County June Term? 1854:
The last will and testament of Samuel Cockayne dec'd was this day proven in open court by the oath of James D. Morris, John Thompson, Jr. & Gov. M. Price, the subscribing witnesses thereto, and is ordered to be recorded. And on motion of Bennett Cockayne and Vincent Cockaynem the Executors named in said will, who togehter with Richard Morton, who was qualified as to his sufficiency, entered into & acknowledged a bond in the penalty of six thousand dollars, conditioned as the law directs, and the said Bennett & Vincent Cockayne being duly qualified as such executors certificate is granted them for obtaining a probate of said will in due form of law.
(A copy) (Teste) E. H. Caldwell, clk.
TO MARSHALL COUNTY WILLS
To Return to the Cockayne Farm Site.