Submitted by Ann Riding.
Will Book 1A, pp 154-155; FHL Film No. 853,855. In the name of God Amen I Hilsburough Scott of the county of Marshall and State of West Virginia being of sound and disposing mind and memory do make this my last will and testement that is to say my desire is to be burried by my Executor herein after named and that all my first debts and funeral expenses be paid as Soon after my decease by him as he Conveniently can out of my personal estate. First I give unto my beloved wife Anne out of my personal estate so much as She would be entitled to under the law touching married women, and out of my real estate I give her for and during her natural life the one third of all the real estate of which I die Seized the same to be set apart from my other real estate for her use during her natural life and at her decease the same to be sold and proceeds divided among my Children as hereinafter mentioned by my Executer. Second I give unto my daughter Margaret Tobin out of my estate and to her heirs after her an equal share with my other children of my Estate. Third I devise that when my youngest child shall become twenty-one years of age that my Executer Shall Sell to the highest and best bidder for one third cash and the residue in one and two years from day of sale all the real estate of which I die seized except that first set apart for my wife Should she survive the time of my youngest child becoming twenty-one years of age and should my wife be dead at the time of my youngest child becoming twenty-one years of age then all my real estate is to be sold at the same time. Fourth I desire after paying all my just debts and liabilities out of my personal estate that my Executer shall loan out the residul until my youngest Child shall become twenty one years of age and then distribute among all my Children that may then be living the said money belonging to my estate and all that my Executer may have received from my real estate from the time of my decease until my youngest child becomes of the age of twenty one years each of my children to Share equally in said personal estate. Fifth I nominate and appoint John H. Jefferson to be my executer of this my last will and testament. Sixth My desire is that all of my Estate Shall be distributed equally among my children herein after named to wit William Wylie Scott Robert Scott Mary Scott Joseph Scott John T Scott and Margaret A Tobin. Seventh I will in addition to my son William Wylie she horse saddle and bridle that he now has and calls his. Eighth I will and bequeath to my brother Horatio Scott Should he survive me four dollars per month to be paid him by my executer out of my estate during his natural life. Ninth It is my desire that all the legacies shall be paid as soon by my executor as he can collect the same as aforementioned. Tenth And I do revoke hereby and make void all Jonnes Wills or will by me made at any time heretofore and I do hereby declare these presents to be and contain my last will and testament. In witness thereof I the said Hillsborough Scott have to this my last will written upon one sheet of paper and to the said will and testament set my hand and seal this 31st day of March 1878. Hillsborow Scott [seal] Levi Cunningham Signed sealed published declared by the testator W.D. Wagt(?) Hillsborow Scott as and for his last will and testament Jeremiah Null in the presence of us who in his presence at his request and in the presence of each (…) have here unto subscribed our names as witnesses. West Virginia, Marshall County Circuit Court March … 1878 April 9, 1878 The last will and testament of Hillsborow Scott deceased was this day proved in open court by the oaths of Levi Cunningham and Jeremiah Null two of the subscribing witnesses thereto and it is ordered to be needed and on motion of John H. Jefferson the executer therein named who made oath thereto and together with Jeremiah Null and John S. Cunningham his securities entered into and acknowledged a Bond in the penalty of Ten Thousand dollars conditioned as the law hereby cirtificate is granted him for obtaining a probate of same will in due Time And is is Justhen ordered that John S. Cunningham, Levi Cunningham and John Jefferson after being first duly Swon before a Justice of the peace do truly and justly apprais the personal estate of Hillsborow Scott deceased and return the appraisment under their hands ot this court. A Copy Test