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