Submitted by Elizabeth Davis Swiger.
Will of Isaac Davis, 1782-1850 Written 16 March 1843, Probated July 1850 Marshall Co. Virginia Will Book 1, Pages 131-2 In the name of God Amen. I, Isaac Davis, of the County of Marshall and the State of Virginia, being of sound and disposing mind and memory, do make and publish this my last will and testament. Item 1st. I direct that all my just debts and funeral expenses be paid out of the first monies which shall come into the hands of my Executor as soon after my decease as possible from any protion of my estate by this will ordered to be sold, real or personal. I also direct that a valuation or appraisement be made of all my personal estate by three judicious neighbours and after being signed with their names that a copy of the same be given to my Executor. Item 2nd. I will and bequeath to my daughter, Elizabeth Davis, for her kind attention to her Mother during her illness a good young horse, saddle and bridle. Item 3rd. I will and bequeath to my wife, Keziah, all my real and personal property during her natural life and no longer, in lieu and instead of dowry. Item 4th. I will and direct that all my personal estate shall be sold at public sale on a reasonable credit immediately after the death of my wife should she survive me, and I also will and direct that all the real estate of which I shall be possessed or entitled to have in law or equity shall be sold by my Executor for a fair valuation, getting always the most that can be got, to be sold on a credit by installments as is usual in such cases, and to effectuate this, my intention, I give and devise all my real estate to which I may die entitled as aforesaid to my Executor with full power and authority to sell and dispose of the same, as fully as I could do were I living. Item 5th. I will and bequeath the money or proceeds arising from the sale of my real or personal estate ordered to be sold, to all my children, share and share alike, to be divided by my Executor after the death of my wife, subject to the following deductions being for money and property advanced by me to the following named children, Viz, to be deducted from the share of my son Albert Davis, the sum of one hundred and twenty dollars, and from the share of my daughter Eliza Winters seventy-six dollars, and from the share of my son Hanson Davis the sum of one hundred and seventy dollars, and from the share of my daughter Ann Bonnett the sum of two hundred dollars, and from the share of my son Joshua Davis the sum of sixty-five dollars [interline] *and to my daughter Kezia Keller the sum of one hundred and eighteen dollars,* [end of interline] which sums aforesaid shall be taken from the shares of the children aforesaid, Item 6th. It is further my will that if any one of my children shall die without being -or having been- married and under the age of twenty-one years that their share or shares shall go to surviving children. If any difficulty or dispute should arise about the division of or distribution of any protion of my estate it is my desire that the same shall be referred for settlement to three honest and capable men for adjustment. I do make, constitute and appoint my son Albert Davis Executor of this my last will and testament, hereby revoking any and all former wills by me at any time made. In witness thereof, I Isaac Davis, the testator have hereto set my hand and seal to this my last will and testament written on one sheet of paper this 16 day of March in the year of our Lord 1843. Signed, sealed and delivered in the presence of Isaac Davis John Reed * This interline done in John McCuskey the presence of the Thomas A. Stewart witnesses Marshall County Court, July Term 1850 The last will and testament of Isaac Davis deceased was proved according to law by the oaths of John Reed, John McCuskey and Thomas A. Stewart, the subscribing witnesses thereto, and is ordered to be recorded. And on motion of Albert Davis the Executor therein named who made oath thereto and together with Hanson Davis and John Winters his security entered into and acknowledged their bond in the penalty of $10,000 conditioned as the law directs. Certificate is granted him for obtaining a probate of said will in due form A Copy (Date) James D. Morris, clk