Will of Martin Keller

Submitted by Pat Muncy.

Date of will: 6 July 1812

In the name of God, Amen, I, Martin Keller, of Ohio County & Commonwealth of Virginia, considering the uncertainty of this Mortal life & being of sound and perfect mind & memory, Blessed be Almighty God for the same, do make and publish this my last will & testament in manner & form following that is to say:

First I Give & Bequeath unto my well Beloved wife Margaret, all & every my lands & chattels, my household furniture & all that I, at this time, process to be hers & to continue to be hers & to be at her command but not for her to dispose of any further then for her comfortable support to her to have & to hold during her natural life in case she continues to be my widow but in case of her marriage agane I give & bequeath unto her the said Margaret my wife one third of all my lands & movables to continue to be hers during her life.

I give & bequeath unto my beloved daughter Catherine forty dollars to her already paid by me in a horse creature.

I give & bequeath unto my beloved daughter Elizabeth twenty dollars to her already paid by me in a horse creature.

After my wife Margaret deceased, I give & bequeath unto my four well beloved sons George Keller, John Keller, Adam Keller & Martin Keller each of them one hundred & thirty dollars to be paid in manner & form hereafter described.

I give & bequeath unto my two sons Jacob & David Keller all that my free hold estate that is to say that piece or parcel of land that I at this time claim with all the appurtenances there unto belonging to them the said Jacob & David Keller to have & to hold forever from & after my wife Margaret decease & not before the said Jacob & David Keller them their heirs and assigns shall have full possession & from thence will receive & take the profits of the plantation to be divided as follows between the said Jacob & David that is to say beginning on to Creek bank at a white walnut tree & marked with a cross from thence running a direct cross across the bottom to strike the end of a fence that at this time the division line between that part of the plantation that my son David occupies & that part that I occupy & running with & agreeable to said fence to the upper end of said fence from thence running in such manner & form to the back line of the survey as to divide the unimproved lands equally between the said Jacob & David Keller

My will & intention is that David Keller shall have from the aforesaid hill the lower part that part that he the said David has at this time possession of also the said Jacob shall have that part I have at this time in my possession from the upper end down to the aforesaid line.

The several legacies or sums of money I will & ordain shall be paid by them their heirs executors and administrators unto the aforesaid four legaties the aforesaid sums as follows that is to say at the expiration of one year after my wife decease they shall pay the afore named four legaties each one of them fifteen dollars & continue to pay fifteen dollars yearly and every year til the aforesaid legacies be paid & in case on non payment shall have no influence upon or any tendency to weaken this my will but the said legaties shall have just right to sue & become suit as for any other demand.

And lastly as to all the rest residue & remainder of my goods & chattels of what kind & nature known I give & bequeath the same to my beloved son Jacob Keller whom I have by appointed together with James Ewing my executors of this my last will & testament hereby revoking all former will by me made in witness whereof I have hereunto set my hand & seal this July the 6th in the year of Our Lord 1812.

Signed sealed & published & declared by the above named Martin Keller to be his last will & testament in the presents of us who have hereunto subscribed our names as witnesses in the presents of to testator.

his mark X
Martin Keller

John Hover
Jesse Bonham
John Rodiffer

I do hereby certify that the foregoing will as a true copy from the original which was proven in court at Sept. Term 1816 by the oaths of John Hoover Jesse Bonham & John Rodiffer subscribing witnesses thereto & ordered to be recorded. Wm. Chapline, Jr.

Patricia Muncy
1305 U Avenue
La Grande OR 97850