Will of John Frederick Sivert

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