Submitted by Edith J. Dorow.
Ohio Co, VA, Circuit Court Will Book 2 (Pgs 18/19) In the name of God amen, I, John Sivert of Ohio County and Commonwealth of Virginia being of a weak state of body but of sound mind and memory and knowing that it is appointed for all men once to, and the uncertainty of the time thereof, do therefore make and ordain this my last Will and Testament in manner and form following, that is to say I commit my Soul to God and my body to the earth to be decently buried at the discretion of my Executors hereinafter named and after my debts are paid I bequeath to Elizabeth my beloved wife the proceeds of the one third of all my personal estate together with the dwelling house and kitchen with the furniture thereto belonging, the remainder of my personal estate to be equally divided among my four daughters Catharine, Mary, Sarah & Elizabeth in equal shares and after my decease and the decease of my wife, my will is that my two sons George & Jacob do have and possess all my landed estate to them and their heirs forever to be divided equally between them and my will is that if they cannot make a division satisfactorily to both that they choose two honest neighbours giving them power to choose a third if they can't agree to divide and settle any disputes that might arise about the division of the land, and I likewise constitute and appoint the sole Executors of this my last will and testament my two sons George and Jacob and I do hereby revoke and disannul all former wills and bequests by me made ratifying this as my last will and testament. In testimony whereof I have hereunto set my hand and seal this thirteenth day of February 1828. Signed, Sealed and declared as his last will and testament in the presence of us, who in the presence of each other have hereunto subscribed our names. James Ewing Senr. His James Ewing John X Sivert William Ewing Mark Virginia Sct. At a Circuit Superior Court of Law & Chancery held for Ohio County on the 24th day of May 1834. A writing purporting to be the last will and testament of John Sivert deceased was this day produced in Court by George Sivert & Jacob Sivert the Executors therein named, in order to be proved, whereupon on hearing James Ewing Senr. one of the subscribing witnesses to said will, who testified, "The signature James Ewing Senr. is my signature, I wrote the will, I saw John Sivert make his mark, my sons James & William attested it as witnesses, in testators presence, Testator saw me sign my name to the will as a witness, I think Testator was of sound mind and competent to make a will, he dictated to me the terms of the will, When he made his mark, he said, that was his will and desired me and my sons James and William to put our names to it as witnesses, the will was read to him before he made his mark. Cross examined. When I wrote the will he said the old woman wanted him to alter a will theretofore made by him, and which former will he then had in his possession, he said the old woman would not be satisfied, or would not let him rest till he altered said former will." It is ordered that the said Will be continued until Friday next for further proof. - And on Friday the 30th day of May 1834, the last will and testament of John Sivert deced. was this day again produced in Court, in order to be proved, and thereupon James Ewing Junr. & William Ewing, two of the Subscribing witnesses to the said will, being sworn, depose and say, in relation to the execution of the said will, to the following effect, to wit: "That they were called into their Fathers (James Ewing Senr.) house to witness John Siverts will, that the names James Ewing & William subscribed to the will now produced in Court bearing date on the 13th February 1828 and purporting to be the last will & testament of John Sivert, are in their proper hand writing, that they severally subscribed their names to said paper in the presence of the said John Sivert, that said Sivert made his X between John & Sivert in their presence, and in the presence of each other, and in the presence of James Ewing Senr. that at the time they subscribed their names to said Will as witnesses, the said John Sivert acknowledged the same to be his last will & testament, that James Ewing Senr. also subscribed his name to said Will, in presence of said Sivert and of these deponents, that these deponents have known said Sivert from their boyhood up to the time of his death, and that they have no doubt that said Sivert was, at the time of the acknowledging and attesting of said Will of sound mind & memory, that deponent James Ewing Junr. is now about thirty years of age and that deponent William Ewing is about ___ years of age. Whereupon the Court is of opinion that the said Will is fully proven, and it is ordered that the same be recorded. And on motion of George Sivert and Jacob Sivert, the Executors therein named, who made oath thereto, and together with George Dulty and Hamilton Pollock their securities, entered into and acknowledged a bond in the penalty of five hundred dollars, conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form. Virginia, Ohio County Sct. - I, William Chapline, Clerk of the Circuit Superior Court of Law & Chancery for the said County of Ohio do hereby certify that the foregoing is a true copy of the last will & testament of John Sivert deceased and of the testimony taken in open court on the probate of the said will, and that the same was ordered to be recorded on the 30th day of May 1834. Test. Wm Chapline Clk