Submitted by Harry Steele.
Will of Elijah Alley Marshall County WV Will Book 2, Page 120 March 8, 1879 I Elijah Alley of Marshall County West Virginia considering the uncertainty of life and the duty of being prepared for death do make and ordain this my last will and testament, hereby revoking all former wills at any time made. 1. I direct that all my just debts shall be paid by my executors; and if the debts due me and the proceeds of the sale of my perishable property not specifically bequeathed, be insufficient for that purpose, my executors are authorized to sell so much of my other estate, real and personal as may be necessary. 2. I give and devise to my wife Hannah Alley all the household furniture and all the livestock belonging to me at my death. 3. To my children Hezekiah Alley John Alley Nancy Richmond the wife of Isaac Richmond and Caroline Gunn the wife of Samuel Gunn, I give and devise five dollars each, except Nancy Richmond to whom I devise one hundred dollars. 4. I give and devise to my son Samuel T. Alley the lower or North west portion of my farm on Wheeling Creek to be cut off from the upper or South East portion as follows. Beginning at a rock on or near the line and near the School House an thence up said creek to the mouth of Croop’s run thence up said run to the forks, thence up the Virginia road to David Steel’s farm, purchased of Henry Wilson, these lines divide my home farm into parts. I also direct the property devised to my Son Samuel Alley shall be bound for the good and sufficient maintenance of his mother during her natural life. 5. I give devise the proceeds of the residue of my home farm to my daughters Rebecca wife of James Abercrombie, Melissa wife of Samuel McDonald, and Loucinda wife of John Crider and Jane wife of Thomas Dinsmore, to be apportioned so as to give said Rebecca and Melissa each six hundred dollars to my daughter Loucinda three hundred dollars and to Jane eight hundred dollars, and to the aforesaid Nancy Richmond one hundred dollars above mentioned and to be paid out of said residue, to be paid in five equal yearly payments without interest. The first payment to be made within one year after my death. And in case he should not elect to keep the whole of my home farm, then the executors are authorized to sell the upper portion of said farm after thirty day public notices upon a credit of one, two, three and four years at public sale to the highest and best bidder with interest, and distribute the proceeds among my five daughters as above authorized. And my son Samuel shall have sixty days to elect, to keep the whole of the farm or not, after my devises, on payment of the above men- tioned legacies in the manner directed and amounting to twenty four hundred dollars, the election shall be made in writing in any event to be filed with the clerk of the County Court of Marshall Co. West Virginia. 6. Lastly I nominate and appoint my son Samuel Alley and my son-in-law John W. Crider to be my executors of this my last will and testament, with full power to sell and make deeds and to complete any and all contracts made by me in my lifetime. Either one of said executors may act and carry this will into effect. In testimony whereof I have to this, my last will, consisting of four pages, set my hand and seal this 8th day of March 1879 Elijah Alley (SEAL) Signed, Sealed published and delivered by the testator Elijah Alley as, and, for his last will and testament in the presence of us who in his presence and at his request have hereunto signed our names as witnesses thereto. George W. Crow William Harsh Samuel Wilson West Virginia Clerks office Marshall County Court Dec. 2nd 1879 A paper writing bearing date March 8th 1879 purporting to be the last will and testament of Elijah Alley late of this County, Dec’d. was this day fully proved before me in my office by the oaths of William Harsh & Samuel Wilson two of the subscribing witnesses thereto & is ordered to be recorded Neither the Circuit or County Courts of this County being in session at this time & under the laws of this State when neither of said courts are in session the clerk of the County Court has probate jurisdiction & leave is given Samuel Alley & John W. Crider the executors therein named to some future day to qualify as such & execute their bonds as such as required by law & T. S. Alley filed a paper writing duly signed by him which is in words and figures as follows to wit. “To whom it may concern. I Samuel T. Alley in pursuance of the will of my Father Elijah Alley, Dec’d. do hereby elect to take the whole of the home farm named in said will”