Will of Charles P. Wells

Submitted by Bruce Crocker.

Marshall County Will Book 1, Page 226.

I, Charles P. Wells of the County of Marshall and State of Virginia being in sound mind but of feeble health do make and publish this as being my last will and testament. First - I do will, grant and bequeath to my beloved wife Rachel Wells all of the household and kitchen furniture together with the stock and farming implements and utensils now in use upon said premises and owned by me. Also all of my black servants consisting of five.

Also all of the railroad stock that I hold in the Cincinnati and Marietta Railroad in the State of Ohio. Also one hundred dollars worth of grain each and every year during her natural life from the proceeds of the Home Farm where I now reside.

Also the Home Mansion where I now reside, with stables, barns, gardens and orchards together with all the appurtenances and privileges, rents, etc. that have accrued or may hereafter accrue from the one hundred acres of land attached to the Home Mansion, which is not rented at this time.

To have and to hold the same for and during her natural life and at her death I desire that the personal property, or so much thereof as may remain, to be sold and the proceeds thereof to be paid to my-sons Dudley and Lemuel Wells as part of Ten Thousand Dollars to each of them.

My five servants, above designated, I desire to divide at the death of my wife between my sons Rolla N. and Charles C. Wells my five servants above designated - or they may sell them to my sons Lemuel and Dudly Wells as further payment upon the above specified sum - but I do not desire them to be sold at public sale.

Second- I do hereby will, grant and bequeath to my son Rolla N. Wells sixty five acres of land - more or less - on the north side of my farm: Beginning for the same at the southwest corner of Rolla N. Wells farm on the bank of the Ohio River in the County of Marshall and State of Virginia; thence down the river bank about one hundred and twenty rods to stone; from thence on a line with a post and rail fence direction North 60 degrees East to the County Road; thence up the road to the first run (known as Sugar Camp Run) thence up said run to the Mccolloch line; thence up said line to stone pile; thence along the South line of Rolla N. Wells farm to the place of beginning.

To have and to hold the same for himself and his heirs and assigns forever.

Third - I will, devise, grant and bequeath to my son Charles C. Wells the following tract or parcel of land lying in the county of, Marshall and State of Virginia, to wit: Beginning for the same at the above described stone on the river bank; thence down the river bank to a stone that stands on a line with a White Ash tree and a Locust on the upper side of the bank of Beaver Run - near the foot of the hill - thence from said stone a northeasterly direction to said Ash tree to said Locust on the bank of Beaver Run; thence up said run to the forks; thence up the main right hand fork of said run to the line or land of Thomas Reynolds, deceased; thence along the land of said Reynolds deceased and Jackson Sims to the southeast corner of Rolla N. Wells land; thence down Sims Run about 140 poles to a Beech tree; from thence South 60 degrees West to a stone pile; thence along the south or town side of land above devised to Rolla N. Wells to the place of beginning.

Also all of my interest in a certain tract or parcel of land containing two hundred and twenty nine acres lying between the land of John Scott and Charles C. Wells in Marshall County, Virginia. To have and to hold the same for his heirs and assigns forever.

Fourth - I will, devise, grant and bequeath to my daughter Rachel Austin all the remaining portions of my land not included in the above bequests that lies in Marshall and Wetzel Counties, Virginia-

Fifth - I will, devise and bequeath to my sons Lemuel M. Wells and John D. Wells the sum of Ten Thousand Dollars each to be paid as hereinafter provided.

Sixth - I desire that the net proceeds of the rents of the above lands bequeathed by me to Rolla N. Wells, Charles C. Wells and lands Rachel M. Austin, after the payment of taxes and keeping said in good repair, shall be put at interest by my executors annually until it shall amount to a sufficient sum to pay the bequests to my sons Lemuel M- and James D. Wells but I further desire that said Lemuel M. and James D. Wells shall receive the net proceeds of the rents of the lands aforesaid annually provided, that, they, of the rents of the lands aforesaid will pay the interest but not otherwise.

Seventh - I desire that my executors shall complete or enter into a written contract with Henry, William and Timothy Yoho for the rent of one hundred and seventy five acres of land - more or lessat Five Dollars an acre, for four years commencing March first A.D. 1856.

Also with Robert Kirkpatrick for ten acres of land, more or less at the mouth of Proctor Creek, with house, blacksmith shop and tools at Fifty Dollars per year for four years commencing March first A.D. 1856 and at expiration of Kirkpatricks lease I desire the smithing tools to be sold.

Eighth - I desire that Charles C. Wells shall sell at a proper time a lot of cattle owned by Charles C. Wells and myself, and pay over my half of the money to Lemuel M. and James D. Wells as a portion of the Ten Thousand Dollars allotted to each one of them.

Ninth - I will and bequeath to my wife Rachel Wells my horse Toby, also three colts - now at Charles C. Wells - one of them one year old, the other two, three years old. And to Charles C. Wells I bequeath one cold known as the Morgan Colt. And to Rachel M. Austin, one gray mare called Sue, now with foal, but if she does well and the colt lives, I desire the colt to belong to my estate when it is weaned.

Tenth - Whereas I am the executor of the estate of Elizabeth Wells, deceased, which remains in an unsettled condition - if upon the final settlement of said estate there should be money due from me, I desire that each one of my heirs shall pay an equal portion of the same - and do hereby bind them severally and jointly.

Eleventh - I desire that all money that I might have on hand at my death - that my executors pay it over in equal portions to my sons Lemuel M. and James D. as a portion of the Ten Thousand Dollars bequeathed to each of them.

Twelfth - I do hereby appoint and constitute Rolla N. Wells and Charles C. Wells as the executors of my last will and testament.

The above will having been written out at my request and deliberately' read in my presence - I do hereby approve of the same and have hereunto signed my name and fixed my seal this first day of May A.D. 1856.

Charles P. Wells

Thomas Pollock John W. Jackson Jno. D O'Conner

Marshall County Court March Term 1857

The last will and testament of Charles P. Wells was this day proved according to law by the oaths of Thomas Pollock, John W. Jackson and D. O'Conner the subscribing witnesses thereto and is ordered to be recorded.

And leave is given Rolla Wells and Charles C. Wells, the persons named as Executors of said will, to qualify at the next term.

A copy teste-
E.W. Caldwell, Clerk


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