Will of Elizabeth Tomlinson

Submitted by Phyllis Dye Slater.


MARSHALL COUNTY WILL BOOK 1, Page 40

WILL OF ELIZABETH TOMLINSON OF MOUNDSVILLE, (W). VA. In the name of God amen: I Elizabeth Tomlinson being advanced in years and mindful that my days can be but few in the land...do make and declare this to be my last will and testament. When my spirit shall have left its earthly tenament and returned to him who gave it is my desire that my body be decently intered and as to such estate real and person as I may die seized or possessed of I desire and bequeath as follows: 1st. My executors herein after named shall pay all my just debts and funeral expenses and after selling off from my real estate the particular lands herein after devised. Shall destribute the residue or proceeds thereof as follows. To Drusilla Bukey, Lucy Hoskins and my sons, Joseph Tomlinson, Samuel Tomlinson & Jess Tomlinson each one share. To the children of my daughter Elizabeth McMahon who shall be living at my death one share. To my grandson Joseph son of Robert Tomlinson, I devise in fee simple two hundred acres of land being the track where Peter Spoon now lives to be laid off so as to be bounded on the east and west sides by the runs which lie on the east and west. of Spoons house. To my grandson Robert the son of Robert aforesaid. I devise in fee simple fifty acres of land adjoining a tract called Molly's garden to be laid off on the north side of said track where my said grandson is preparing to build a cabin. To my mulatto woman Clare I devise in fee simple, fifty acres of land adjoining land sold by Jess Tomlinson to P. Sharp including George Hammonds improvement being the same whereon said Clare now lives. To the children of my son Isaac Tomlinson I devise in fee simple the tract of land known by the name of the Kelly place adjoining lands of James Freeland. To the children of my son Nathaniel Tomlinson I devise in fee simple two hundred acres of land more or less on the right hand fork of Big Grave Creek. Forty acres whereof, were purchased from David Jones being the same land the use whereof was devised to him for life by my late husband, remainder to the heirs of said Nathaniel Tomlinson. I will and bequeth to Sarah Catlett, my black girl Mary to her , her heirs executors and administrators. I will and bequeath one hundred dollars to be paid by my executors to any committee to be appointed for erecting an Univeralist Meeting House at Elizabeth town in the Flats of Grave Creek to be paid provided said house shall be commenced before ten years from this date. To my daughter Mary Kennaird, I bequeath a mouring ring valued at five dollars to be delivered her by my executors within one year after my decease. In order to an equal and prompt division of the residue of my estate real and personal it is my will that my executors dispose of the same after satisfying the legacies I divise before set forth at public or private sale for cash or on credit with good security as they may deem proper and most beneficial and out of the proceeds make the distribution as herein before requested retaining in their hands the share allotted & bequeathed to the children of my daughter Elizabeth McMahon on interest the principal to be paid as they the said children severally attain the age of twenty one years, the interest only to be applied to their wants annually. but it is my will that this legacy to said children is to be full discharge of all claim and demand which they may have against my estate or that of my late husband for the rents and benefits of a tract of land belonging to their mother in which land their father Joseph McMahon had a life estate and its rents & profits have been received since the death of said Joseph McMahon. and I do appoint my son Joseph and Samuel Tomlinson and Isaac E. Hoskins executors of this my last will and testament hereby revoing and annulling all other by me heretofore made. In testmony whereof I have set my hand & seal this 23rd day of June 1830. Elizabeth Tomlinson Signed sealed and published as and for the last will and testament of Elizabeth Tomlinson who requested in her presencse and in the presence of each other to my witness the same who we did. P. Martin Jos. Witten Wm. Springer I Elizabeth Tomlinson do make this codicil to my will, it is my will that my mulatto woman Clare and her two children Johnston and Julia Ann and my mulatto boy Noah be free at my death, saving that my executor or any two of them shall have the power of binding said Noah, to some trade with the usual privilages of clothing and education contained in indentures of apprentership until said Noah shall attain the age of twenty four years. witness my hand and seal this day of Jun. 23rd 1830. Elizabeth Tomlinson signed sealed and published as a coliil to the last will of Tlizabeth Tomlinson before us who at her request and in her presence and the presence of each other wittnessed the same P. Martin Joseph Witten Wm. Springer I Elizabeth Tomlinson do make publish, & declare this codicil to my will and testament. Having devised to my grandspm Robert Tomlinson fifty acres of land adjoining Mollys Garden and having lately conveyed to said Robert a tract of land at the forks of the road in Ohio county in lien of the said fifty acres. The devise of said fifty acres. I hereby revoke and declare void confirming & again declaring all other parts of the said will to which there is a codicil and the codicils executed by me on the 23rd of June 1830and the 21st of January 1832. In testimony whereof I have hereunto set my hand & seal this 11th day of Feb. 1835 Elizabeth Tomlinson Signed sealed & published in the presence of us who have witnessed this codicil at the request of the testative & in her presence John H. Reid William Jacobs Rolla N. Wells I Elizabeth Tomlinson relict and widow of Joseph Tomlinson dec'd being of sound mind & disposing memory do make and ordain this codicil to my last will and testament. I will and direct that my executors named in my will or the survivors of the sell all the lots within the plat of the town of Elizabeth town in Ohio county and the several additions thereto and which are not already sold the sale thereof to be made in convenient time after my death. But if I should die before the first of March next then the sale be be made in the Month of April next and for the purpose of enabling my executors certainly to sell & make good title. I herby bequeath and devise to them to be sold so aforesaid, the lots aforesaid and I do also direct and order that my executors or the surviviors of them make conveyances of my lands or lots which I may have sold but not conveyed and as the proceeds of the lots in said town which I have already sold has not been disposed of by me. I will and bequeath unto my son Jesse Tomlinson for and during his natural life and no longer the interest upon eight thousand dollars to be paid to him by my executors annually each and every year during his natural life and I further will & direct and bequeath to my said son Jesse Tomlinson the interest arising from the proceeds of the lots which my executors are directed to sell so aforesaid for and during his natural life to be paid to him annually during his life by my executors or the survivors of them. And after the death of my said son Jesse Tomlinson I will and bequeath the said capital of eight thousand dollars and the said proceeds of the said lots which I have before directed to be sold boy executors to if my son Jesse Tomlinson should have heirs of his own body the hole capital and proceed to be paid them if not to be divided as my will directs. and as I have sold a tract of land willed by me to heirs of my son Isaac Tomlinson I will and bequeath to each of said heirs being five i number and being the children of said Isaac one hundred dollars each to be paid to them without interest as they respectively become of age. I will and beueath to my grand daughter daughter Elizabeth Tomlinson daughter of my grandson Robert Tomlinson the lawful interest of one hundred dollars to be paid to her annually tell she comes of age and then said one hundred dollars is to be paid to her said Elizabeth whenever my executors are authorised to do any thing or any thig is devised to them. The meaning is that such of them as may prove the will & take letters testamentary or the survivorss or survivors. Shall take or act according to my will & this my codicil to my said will. And list by posibility the funds arising from the sale of lots already made or to be made as is before directed should not be sufficient to raise the capital out of which to pay the interst before directed to be paid to my son Jesse Tomlinson let it be understood that none of my other property is to be taken or used to make it up but the legacy to said Jesse is to abate accordingly. In testamony whereof I have hereunto set my hand and seal the 21st day of January 1832. Elizabeth Tomlinson signed seal and published in the presence of us who have witnessed this codicil in the presence of the testatria & at her request. J. Williams Samps Thistle William Jacobs. I Elizabeth Tomlinson do make publish & declare this codicil to my will and testament. Having devised to my grandson Joseph son of Robert Tomlinson two hundred acres of land being the tract where Peter Spoon formerly lived. I now by this codicil revoke and declare null and void that devise and in lien and stead thereof I will and bequeath to my said grandson Joseph two hundred dollars to be paid & given into the hands of my said grandson Joseph & to no other person whatever should he be alive at my death and should he not be alive than the said two hundred dollars to be paid to his legal representatives which said sum of two hundred dollars is to be taken from the proceeds of the sale of the before mentioned tract of two hundred acres of land. which will be sold by my before mentioned executors under the clause of my will directory them to sell the residue of my estate real and personal. witness my hand and seal this 1st day of May 1840. Elizabeth Tomlinson Signed sealed and published as a codicil to the last will and testament of Elizabeth Tomlinson before us who at her request in her presence sign the same Geo. W. Henderson Jam H. Henderson Peter Sheppard James Sheppard Marshall county court. October term 1841 A writing purporting to be the last will and testament of Elizabeth Tomlinson with several codicils thereto amended was this day produced in court by Samuel Tomlinson and Isaac E. Hoskinson two of the executors therein named and thereapon the following proof was offered in support of the said will which bears date on the 25th day of June 1830 to wit Sampson Thistle who being duly sworn deposed that Joseph Witten and William Springer two of the subscribing witnesses to said will were deceased that he was well acquainted with the hand writing of the said Joseph Whitten and William Springer and that he had no doubt of the genuniness of the signatures of the said Witten & Springer to the said will. Also Charles P. Wells who being duly sworn deposes that he is well acquainted with the hand writing of Joseph Witten above named and that he has no doubt of the genuiness of the said Witten to the said will. The following proof was offered in support of the codicil to said will bearing date on the 23 rd day of June 1830 to wit; Sampson Thistle being duly sworn deposed that Joseph Witten and William Springer two of the subscribing witnesses to said codicil are dead. that he is well acquainted with the hand writing of the said Witten and the said Springer and that he has no doublt of the genuiness of the signatures of the said Witten & Springer to the said codicil and in support of the codicil to said will dated 21st January 1832 the proof following was offtered to wit; Sampson Thistle and Jeremiah Williams two of the subscribing witness to said codicil who being duly sworn deposed that Elizabeth Tomlinson the testarix signed sealed and published the same in their presence and in the presence of each other. And that the said Sampson Thistle and Jeremiah Williams subscribed the said codicil in the presence of the said Elizabeth and at her request and in presence of each other. The said Thistle and Williams further deposed that the said Elizabeth at the time of the signing sealing and publishing of said codicil was of sound mind and disposing memory. The proof following was offered in support of the codicil to said will dated the 11th day of February 1835. to wit.John H. Reid and Rolla N. Wells who being duly sworn deposed that the said Elizabeth Tomlinson the testatrix signed sealed and pblished the said codicil in their presence and in the presence of each other. And that they the said John H. Reid and Rolla N. Wells subscribed the said codicil at her request in her presence. and in the presence of each other. And that at the time of the signing sealing and publication of said codicil by the said Elizabeth, she the said Elizabeth was of sound mind and disposing memory. And in support of the codicil to said will dated May 4th 1840. The following proof was offered to wit; James Shepherd one of the subscribing witnesses to said codicil being duly sworn deposed that Elizabeth Tomlinson the testatrix acknowledged that she had signed sealed and published said codicil for the purposes therein mentioned. And requested him the said Sheppard to sign the same as a witness which he accordingly did in the presence. The said Sheppard further deposed that at the time of the attestation of the said codicil as aforsaid she the said Elizabeth Tomlinson was of sound mind and disposing memory and on motion no other proof being offered in support of said will and codicils. It is ordered that further proof of said will and codicils be continued till the next term. James D. Morris, clk Marshall county court...November term 1841 A writing purporting to be the last will and testament of Elizabeth Tomlinson deceased with several codicils thereto amended was this day produced in court for further proof which was offered in support of the said will bearing the date the 23rd day of June 1830 to wit; Presly Martin one of the subscribing witnesses to said will and a codicil of same date who being duly sworn deposed that Elizabeth Tomlinson the testatrix signed sealed and published the same in his presence and in the presence of the other witnesses and that he subscribed the said will and codicil in the presence of said Elizabeth Tomlinson was of sound mind and disposing memory. The following proof was offered in support of the codicils to said will. and dated the 11th day of Febrary 1835. and the other dated January 21st 1832. to wit. William Jacobs who being duly sworn deposed that the said Elizabeth Tomlinson the testatrix signed sealed and publishted the said codicils in his presence and in the presence of the other subscribing witnesses and that he subscribed the said codicils at her request and in her presence and at the time of the signing sealing and publishing of said codicils by the said Elizabeth she was of sound mind and disposing memory. And no other proof being offered in support of said will and codicils it is ordered that further proof of said will and codicils be continued of. James D. Morris, clk Marshall county court...December term 1841 A writing purporting to be the last will and testament of Elizabeth Tomlinson deceased with several codicils therto amnended was this day produced in court for further proof which was offered insupport of the codicil being date the 4th day of May 1840 and attached to said will. Peter Sheppard and George W. Henderson two of the subscribing witnessess to said codicil being duly sworn depose and say that Elizabeth Tomlinson the testatrix signed sealed and published the said codicil in their presence. And in the presence of each other and in the presence of the other subscribing witnessess. And that they subscribed the said codicil in the presence of the said Elizabeth and at her request and at the same time she was of sound mind and disposing memory. Where upon the said will and codicils are ordered to be recorded. And on the motion of Isaac Hoskinson and Samuel Tomlinson two of the executors therein named who made oath there to and together with Simeon P. Purdy their security entered into and acknowledged a bond in the penalty of $20,000. Conditioned as the law directs certificate is granted them for obtaining a probat of the said will in due form. And the other executions Joseph Tomlinson by his writing here in court filed refused to take upon him self the burthen of the execution thereof. James D. Morris ..Clk


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