Will of James A. Porter

Copied by Erin Clark Cain. Submitted by Phyllis Dye Slater.

Marshall Co., Will Bk. 2, page 230.

In the name of God amen; I James A. Porter considering the uncertainty of life do make ordain & publish this my last will & testament in manner & forth as follows to wit;

1st. I direct that all my just debts shall be paid by my executor hereafter named.

2nd I direct that no appraisment of my personal property be made but simply that my executor sell so much of my personal property as may be necessary to pay any such debts own by me, unless my executor can arrange with any creditors to wait until my property will meet for a sufficiant amount to pay such debts or until he may collect or receive a sufficiant sum of money from some other source to pay the same.

3rd I direct that my executor may at any time sell all or any portion of my personal property as he may see proper & deem best for my heirs.

4th I do hereby empower my executor to sell & convey any or all of my real estate in case he shall deem it adviseable to do & the proceeds to be by him reinvested in other real estate or the money placed on interest with good security; as my said executor may deem best.

5th In case a pension is granted me from the U.S. or to my children I desire that my executor hereafter named be also appointed guardian of my children be to invest the money & in fact any money that may come into his hands from any source in real estate or keep the same out on interest well secured, as he shall deem best for the interest of my children, and my guardian is hereby empowered in case it becomes necessary to apply any money that may come into his hands to the support of my children or either or any of them. I desire my executor to be appointed guardian of my children whether a pension obtained from the U.S. or not.

6th When my youngest child becomes of age any real estate owned by my executor guardian or my children is to be sold by my executor & the proceed arrising therefrom to be equally divided among my children then living.

7th I do hereby constitute and appoint my friend H.W. Hunter executor of this my last will & tesament hereby revoking any & all former wills by me at anytime heretofore made & also guardian of my children James E, Grace M. Mary A. & Jennie B. Porter

In testimony whereof I have hereunto set my hand & affixed my seal this 14th day of February AD 1877

James A. Porter...seal
Signed sealed published and declared by the testator James A. Porter as & for his last will & testament in the presence of us, who in his presence & in the presence of each other have hereunto signed our names as witnesses thereto this 14th day of Freby 1877.

John Hart
John Rogerson

West Virginia clerks office Marshall county court; March 30th 188_ A paper writing bearing date February 14, 1877 preporting to be the last will & testament of James A. Porter late of this county dead, was this day fully proved before me in my office by the oaths of John Hart & John Rogerson the subscribing witnesses thereto, & is ordered to be recorded & leave is given H.W. Hunter the executor & guardian therein named to some future day to qualify & give bond as such. Teste Thos Fum (?) Ck.