Will of James M. Howard.

Submitted by Claudette Adams.


Book 2 Page 124
1880

In the name of God Amen:  I James M. Howard of the County of Marshall and
State of West Virginia being of sound mind and disposing memory do make this
my last Will and testament hereby revoking all other wills by me heretofore
made in manner and form following that is to say:  First to my wife Sarah
Howard the one third part of my personal Estate after the payment of my debts
and funeral expenses also all of my land north of the Baltimore and Ohio Rail
Road.  said land and personal property to be in lien of dower.  Second to my
son Mems Howard my lower farm on Big Run he paying one hundred Dollars as
hereinafter provided. Third to my son Wilie J. Howard one hundred acres of
land off of my upper farm on Big Run he paying one hundred dollars as
hereinafter provided.  Fourth to my son Lewis Lee Howard all the remainder of
my land South of the Baltimore and Ohio Railroad he paying for all over one
hundred acres of the same whatever it may be worth divided equally between his
Sisters Mary Cooper, Margaret Jane Fitzgerald, Elizabeth Richey and Cassey Ann
Howard and paying also one hundred dollars as hereinafter provided.  Fifth to
my son George Washington Howard, at the death of my wife, one good horse and
all the land bequeathed to my wife as her dower with the privilege of getting
firewood off the land bequeathed to my Son Lewis Lee Howard.  Sixth to my
daughters Mary Cooper Margaret, Jane Fitzgerald and Casey Ann Howard the sum
of one hundred Dollars each to be paid to them by my three sons Mems Howard,
Wilie J. Howard and Lewis Lee Howard within two years after my death my
daughter Elizabeth Richey having already received one hundred Dollars.
Seventh the remainder of my personal property to be equally divided among
all my daughters.  Eight I do hereby appoint William R. McDonald Sen. and
Thomas Howard as my Executors of this my last will and testament as witness
my hand and Seal this 28th day of May Eighteen hundred and Sixty Eight.
                                                           James M. Howard
Teste
        John Woodburn
        F.M. Wayman
        Wm. H. Bentley.
I James M. Howard of Marshall County State of West Virginia having made my
last will and testament bearring date the Twenty Eighth day of May Eighteen
hundred and Sixty Eight do now make this Codicil and direct that it shall be
taken as part of the same.  The land devised by me in the Will aforesaid to
my Son Wylie J. Howard he having since died it is my desire if it is not sold
before shall be sold after my death and from the proceeds of such sale, I
direct that my wife Sarah Howard shall be paid five hundred Dollars that
each of my daughters be paid one hundred Dollars, and the remainder shall
be equally divided among all my children.  I also desire that my sons George
and Lee togeather keep my wagon my Mowing Machine and my Cider Mill as I
consider they should go with the land bequeathed to them.
In witness whereof I have hereunto set my hand and Seal this twenty fourth
day of October one thousand eight hundred and seventy nine.
                                                           James M. Howard
Teste
        S.B. Stidger
        John Howard
The words erased in the body of the within codicil, as follows Except my
daughter Elizabeth she having already received its value in a horse were
erased before Signing and sealing of the same
        Teste            Attest                        S.B. Stidger
                                                       John Howard
West Virginia Clerks office Marshall County Court Nov. 27th 1879.
A paper writing bearing date May 28th 1868 purporting to be the last Will
& testament of James M. Howard late of this County Decd.  Was this day
partially proved before me in my office by the oath of Wm. H. Bently? one
of the subscribing witnesses thereto and on motion of Wm. R. McDonald Sr.
the Executor in said Will named it is ordered that a commission be issued
to O. Moore a Justice of Marshall Co. W. Va. directed to take the proof
of Dr. S.B. Stidger as a witness to a codicil to said will, it appearing
that said Dr. S.B. Stidger is unable on account of ill health to attend
as a witness before me.                        
                                                        Teste
                                                            Thos. Finn

West Virginia Clerks office Marshall County Court January 6th 1880.
A paper writing bearing date May 28th 1868 together with the codicil
thereto dated Oct. 24 1879 purporting to be the last Will & testament
& codicil thereto of J.M. Howard Decd.  Was returned to me in my office
together with the commission thereto annexed for taking the attestation
of the witness therein named and the certificate under the hand of O.
Moore a Justice of Marshall County W. Va. of the execution of said
Commission and the said certificate being inspected by me and the other
witness to said Codicil John Howard being by me this day duly sworn
upon his oath the said Codicil to said Will is considered fully proved
and the hand writing of John Woodburn Decd one of the witnesses said
will being fully proved by the oaths of J. L. Parkinson and W.R.
McDonald Jr. the said Will and Codicil is considered fully proved &
is thereupon ordered to be recorded as and for the last Will & testament
with the Codicil thereto of James M. Howard Decd. and Wm. R. McDonald
Jr. & Thomas Howard the Executor in said Will names who made oath thereto
& together with W. R. McDonald Jr. & Mems Howard their Securities who
qualilfied as to their sufficiancy entered into and acknowledged their
bond in the final sum of $2,000.
Conditioned and payable as the law directs.  Thereupon certified for
obtaining a probate of said Will & Codicil in due form and it is ordered
that Robert A Sticks, Brice Howard, J.B.Sticks and Samuel Howard be &
they are appointed appraisors of said Estate they being first duly sworn
for that purpose.
                                A Copy Teste
                                            Thos Finn


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