Submitted by Sylvia Sligar.
MARSHALL COUNTY WILL BOOK 2, Pages 166/167
In the name of God, Amend
I Daniel Dague of Sand Hill District Marshall County West Virginia, being of sound mind and disposition memory & intending now to dispose of my worldly affairs as to me seems best. I thereby making and annuling all other wills by me at anytime made & do humbly make and ordain & constitute this to be my last will and testament. As following: viz: After all my lawful debts are paid and discharged, the residue of my Real and personal property I give devise & bequeath as follows:
I give and bequeath unto my dear wife Eliza Jane one hundred and fifty Dollars yearly as long as she shall live, in lieu of her dower. Also all the household furniture that is in my homestead. Also the sitting room & the bed room at the North West end of the house. Also a cow and pasture and feed for the same all the year round.
I give devise and bequeath unto my son John W. Dague all of my Real Estate which consists of my Homestead farm in Sand Hill District Marshall County West Virginia. Also all my personal property outside my house: For which he shall fulfile, the paying unto his mother (Eliza Jane) the yearly amount of one hundred and fifty dollars & c. Also the following:
I give and bequeath to my children as follow. I have paid unto my daughter Mary Ann all of her share in my life time.
I have paid unto my son Frederick all of his share in my life time.
I have paid unto my son William all of his share in my life time.
I have paid unto my son James A. all of his share in my life time.
I have paid unto my son Daniel all of his share in my life time.
I have paid unto my daughter Jane Five Hundred Dollars of her share. My son John W. will pay her the balance which is five hundred dollars as follows: One hundred Dollars in one year after my death, & then One Hundred Annually until all is payed-- No interest on any of it.
I have paid unto my daughter Elizabeth A. Six Hunderd Dollars. My son John W. will pay unto her which I will and bequeath four Hundred Dollars as follows. One Hundred Dollars in one year after my death, & then one hundred dollars annually until all is payed.-- No interest on any of it.
My son John W. will pay unto my daughter Lucy E. One Thousand Dollars which I give & bequeath, as follows: One hundred Dollars in one year from my death.Then one hundred dollars annually for three years thereafter. Then two hundred dollars annually until all is paid. -- No interest on any of it.
I give & bequeath also unto my youngest daughter Amanda Laura, One thousand dollars, which my son John W. will pay unto her as follows -- One hundred dollars in one year from my death. Then one Hundred Dollars annually for three years thereafter. Then two hundred dollars annually untill all is paid. -- No interest on any of it. My will and desire is that if my son John W can pay to the heirs this aforesaid amounts sooner than I have mentioned, he will please do so. - - Without deducting any interest for so doing.
I have appointed & constitute my son John W. to be the Executor of this my last Will & Testament.
All receipts for money paid by John W. to the heirs shall be accepted as cash.
In testimony whenof I herewith set my hand & affix my seal. At my residence aforesaid this 28" day of September A.D. 1882.
Daniel Dague (Seal)
Witnesses- - Signed, sealed, published, and declared as & for the last will and testament of the testator in the presence of us, who in his presence, & at his request, & in the presence of each other have hereunto susbscribed our names as witnesses this 28th day of September A.D. 1882
Samuel H. Ewing
My desire is that my wife Eliza Jane live with my son John W. as long as she can do so pleasantly & John to deduct the sum of Seventy five dollars a year from the one hundred and fifty -- for mother's board. Daniel Dague
West Virginia Marshall County Court Janary. Term Janry. 16 1883. In the matter of the Probate of the last will and testament of Daniel Dague late of his County deceased & the petition of the Executor for the proof thereof. And it appearing to the court that proper process, & an order of publication having been duly exercise did as required by law & none of the parties interrested therefor the paper writing having date September 28th 1882 purporting to be the last Will & testament of Daniel Dague late of the County dead. Was this day fully proved by the oaths of Alfred Turner & Samuel H. Ewing the subscribing witnesses thereto & is ordered to be recorded. And John W. Dague the Executor therein named who made oath thereto as required by law & together with William Dague his security, who gratified as to his sufficiancy entered into and acknowledged this bond in the final sum of five thousand Dollars conditioned and payable as the law directs. ---------- Certificate is grantee the said John W. Dague for obtaining a probate of said Will in due form.
Thos Finn Clk