Submitted by Joe Jacobs.
Marshall County Will Book I, page 148
In the name of God Amen.
I Jacob Sivert of Marshall County and state of Virginia being sick and weak in body but of sound mind and memory considering the certainty of death and the uncertainty of the time there of do make and ordain this my last will and testament in manner and form following that is to say. First and principally I commit my soul into the hand of Almighty God and body to the earth to be decently buried at the discretion of my executors and after my debts and funeral charges are paid and my wife's third taken out. I divise and bequeath as follows. I do hereby appoint my loving wife Nancy Executrix of this my last will. Also William Warden and William Ewing both of Marshall County Executors to settle all matters relating this my last will. To make sale of all the personal property, pay my just debts and collect any outstanding debts. My wife to hold and posses the farm during her natural life, keep the children under age with herself and at her demise the land to be sold and the proceeds to be equally divided among my children share and share alike. In testimony of the above I have hereunto set my hand and affixed my seal this 26th day of October in the year of our Lord our thousand eight hundred and forty six.
Jacob X Sivert
Signed sealed published and declared by the above name testator who in his presence and the presence of each other have hereunto set subscribe our names as witness thereto.
Marshall County Court Sept. term 1856
The last will and testament of Jacob Sivert was proved according to law by the oath of James Ewing and William Ruth two of the subscribing witnesses thereto and is ordered to be recorded and on the motion of William Warden and William Ewing the Executors therein named who made oath thereto and together with William Ruth and James Ewing their securities who qualified to their sufficiency entered into and acknowledged their bond in the penalty of $2000.00 with condition according to law, certificate is granted the said William Warden and William Ewing for obtaining a probate of the said will in due form.
James D. Morris, Clk.