Will of Elijah Alley

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
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
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”