Submitted by Kay L. Mason.
Marshall County Will Book I, page 122
I Nathan Shepherd the Elder late of Belmont Co., OH but now a resident of Marshall County Virginia being in feeble health, but of sound and disposing mind and memory and mindsful fof the uncertainty of life and wishing to make a final disposition of my estate before I leave this world do hereby make my last will and testament in ? and form following:
First: I will and direct that my executors therein after named do pay to my wife Mary annually and every year during her life such sums of money as she may require each year for her confortabel support and maintenance and that this shall be observe puctually and faithfully by my executors. And furthermore I give and bequeath to my wife the personal property now in my possession viz. two bedsteads, two feather beds and their furniture all my household and kitchen furniture and also my horse and carriage. And it is my wish and desire that my wife shall dispose of said property to her daughters at such time and in such manner as she may see fit except that it is my wish she will give the largest share thereof to her daughter, Polly Calvert.
Secondly, I give and bequeath to my daughter, Polly Calvert the interest of $500 to be paid to her by my executors at such times in each year as she may require the same for the support of herself and husband Jacob who is a cripple and at the death of my daughter Polly I direct my executors to pay said sum of $500 to her son Fletcher Calvert to whom I bequeth the same to be used by him in the support of his father -
Thirdly: I give and bequeath to my daid grandson Fletcher Calvert the sum of two hundred dollars -
Fourthly: I give and bequeath to my daughter Tabitha Lynn the interest of two hundred dollars to be paid to her by my executors annually during her life and at her death I will and direct my executors to pay said $200 to such of her children as she may have previoulsy directed. The said interest and sum of $200 to be paid out of the proceeds of the sale of my farm on Stillwater in Kirkwood Township Belmont County Ohio -
5th I give and bequeath to my grandson Dr. Nathan Shepherd of the state of Iowa the sum of one hundred dollars to be paid him out of the monies arising from the sale of said farm -
6th I give and bequeath to my grandson Nathan Lynn son of James Lynn the sum of fifty dollars to be paid him out of the monies received from the sale of said farm -
7th I give and bequeath to the Methodist Episcopal Church of the Pittsburg Conference the sum of one hundred dollars to be paid in the sums of fifty dollars a year without interest out of the monies received frim the sale of my said farm on Stillwater:
8th I direct my executors to pay to the proper authorities of the church at Sand Hill in Marshall County the sum of fifty dollars to be applied towards the erection of a new meeting house on my son Joseph Shepherd's land in said county. Said sums to be paid out of the proceeds of the sale of my said farm:
9th I give and bequeath to my granddaughter Sarah Dent of Monroe County Ohio the sum of one hundred dollars and the sum of fifty dollars to my granddaughter Hannah Lynn daughter of James Lynn, both sums to be paid by my exectors out of the monies received from the sale of my said farm -
10th I give and bequeath to my executors herein after named the sum of three hundred dollars to be equally divided between them -
11th I direct my executors to pay to my attorney Wm Kernan Esq. and Joseph Ramage Esq. such sums of money as my executors may deem just and reasonable as a fair compensation for their services in defending the suit brought against me by Josiah MWCollugh's wife and children and now pepending in the Court of Belmont County Ohio:
12th I will and direct my executors to pay my son Joseph Shepherd the sum of six hundred dollars out of the monies arising from the sale of said farm on Stillwater to be applied by him in the erection of a new mill on his farm in said county of Marshall and on that part of it which is leased to me by contract dated the 1st of April 1847 when said sum is so paid it is to be taken as full satisfaction and discharge of said lease -
13th I give and bequeath to my grandson William, Asberry, John and Joseph sons of William Shepherd of Iowa the sum of two hundred dollars to be equally divided between them and to be paid them out of the proceeds of the sale of my said farm -
14th I give and bequeath to my son Francis Shepherd the sum of one hundred fifty dollars to be paid to him out fo the proceeds of the sale of said farm -
15th I give and bequeath to my granddaughters Mary and Eliza Lynn daughters of James Lynn the sum of fifty dollars to be equally divided between them and the sum of fifty dollars to their brother John. Said sums are to be paid them from the proceeds of sale of said farm -
16th I give and bequeath to my friend Thornton Fleming the sum of fifty dollars to be paid out of the said proceeds -
17th I give and bequeath to my daughter Isabel Lynn the interest of two hundred dollars to be paid to her annually by my executors during her natural life. And at her death I direct my executors to pay said $200 to such of Isabel's children as she may previously have directed the same to be distributed and paid the said interest of $200 to be paid out of the proceeds of sale of said farm on Stillwater -
18th I will and direct all the rest of my estate when converted into money after paying and satisfying the foregoing named legacies and bequests. to be paid to such of my grandchildren as my executors may deem worthy and deserving thereof and in such proportions to each as my executors may think proper -
19th I will and direct and do hereby authorise my executors to sell and sonvey by proper deeds of conveyance the tract of land herein before mentioned situate on Stillwater Kirkwood Township Belmont County Ohio so soon after my decease as practicable. And after the decision of the suit instituted by the wife and children of Joseph WCollough against me and now depending in the court of said county of Belmont: and the monies arising from the sale thereof. I direct my executors to appropriate in paying and satisfying the legacies and bequests as herein before directed and specified -
Lastly I do hereby constitute and appoint my sons Nathan and Joseph and my friend Elbert H. Caldwell executors fo this my last will and testament: and in consideration of the confidence I have in their faithfully discharging their duties as executors I hereby direct that they shall not be required or obliged to give any security. And I hereby revoke all other and former wills or testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this 25th day of September 1847.
Signed sealed and published and declared
as and for the last will and testament
Nathan Shepherd (seal)
of the above names Nathan Shepherd
in the presence of us.
I Nathan Shepherd dew od make this codicil to my last will and testament viz.
I hereby direct my executors to pay my daughter Tabitha Lynn $100 in addition to the legacy named in my will. to Jacob Calvert $100 which is to be deducted from the sume of $500 directed to be appropriated by his wife for their support To Sarah Dent the sum of $100 in addition to the legacy before paid -
To my son William $100 and to Sam, a black man $75 and to my son Nathan $100 and also to my other executors $100 in addtion to the sum heretofore allow them -
It is my will and desire that the legacy of $600 made by my will to my son Joseph shall be appropriated and paid my him for the benefit of his four children viz. Nathan, Isaac, William and Frances -
I do hereby revoke and annul the legacy contained in my will to my son Frances in consideration of the fact that he has had the use and benefits the farm I owned on Still-water in Belmont County Ohio for five years without paying me but little rent or compensation therefor -
IN witness whereof I hvae hereunto subscribed my name and affixed my seal this 13th day of July 1849
signed sealed published and
declared Nathan Shepherd (seal)
as and for the last will and testament
of the above named Nathan Shepherd, Sr. in the presence of us
Marshal County Court December term 1849
The last will and testament of Nathan Shepherd deceased and his codicils thereto was proved as follows to wit: the said will was proved according to law by the oaths of Alexander Caldwell and Ezekial Caldwell the subscribing witnesses thereton?. Adnt eh said codicil to said will was proved according to law by the oasth of Alexander Caldwell and Jeremiah Shepherd the subsribing thereto and thereupon the said will and codicil thereto are ordered to be recorded and on the motion of Joseph Shepherd one of the executors named who mdae oath thereto entered into a bond in the penalty of $8000 conditioned as the law directs certificate is granted him for obtaining a prbat of the said will in due form liberty being received to the other executors named in the said will to join th the probat when they shall think fit: the said testator directing that security should not be required my the court of his said executors -
James D. Moms? clerk