Will of Albert Davis

Submitted by Elizabeth Davis Swiger.


Will of Albert Davis, 1805-1882

Marshall County West Virginia Will Book 2, Pages 155-7
Written 4 March 1879, Probated 9 February 1882

	In the name of God Amen.

	I, Albert Davis, of the County of Marshall and State of West Virginia
being of sound and disposing mind and memory and knowing the uncertainty of
life and the certainty of death do make and publish this my last will and
testament.

	Item 1st. I will and direct that all my just debts and funeral expenses
be paid out of the first monies that shall come into the hands of my Executor 
as soon after my decease as possible, from any portion 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 property (that is left or
remaining after my wife's bequeath is taken out) by three judicious
neighbors, and a bill of same made out, and after being signed with their
names, that a copy of the same shall be given to my Executor.

	Item 2nd. I will and bequeath to my beloved wife Mary all my right
title and claim in the home place with all the household and kitchen
furniture; also one horse, saddle and bridle, two cows, and one thousand
dollars in money or bonds as she may choose, all for her own special use
and benefit during her natural life, and no longer, in lieu, and instead
of dowry.

	Item 3rd. I will and direct that all the balance of personal property
or estate , that I may be possessed of in right or equity at my decease, be
sold at public sale on a reasonable credit, and the proceeds thereof with
what money or bonds, that I may be in possession of at my decease, as soon
as the same may be collected by my Executor, be paid over to my four
children or their heirs, to be divided in such a way and manneras to make
share and share alike, with what money or goods I have already given them,
or may yet give them, while I am living, a correct account of which may be
found in may day book pages 114, 114, 116, 117, which book I give to my
Executor for his instructions.

	Item 4th. I will and desire that there shall be no interest charged
on the bond of two thousand dollars that I paid off and two years interest
at ten percent, which was four hundred dollars, to reclaim Isaac W. Davis'
place from a mortgage given by him to Mrs. King of Peoria Co., which bond
I hold with her assignment on the same. And aslo I will and desire that
there shall be no interest charged on two notes that I hold on Isaac, one
for fifteen hundred dollars and one for five hundred dollars, which notes
are now in Peoria Ills. as office papers entered in judgement against the
said Isaac W. Davis' farm. 

	Item 5th. I will and bequeath to my son Silas R. Davis what is called
the home place on which we now live, containing two hundred and forty two
acres by measurement, more or less, under these conditions: The farm or
place I value at Eight Thousand Dollars ($8,000) and no more. He the said
Silas R. Davis is to pay the three heirs, that is to say, Eliza Jane Mooney,
Isaac W. Davis' heirs, and Matilda McCoy's heirs, six thousand dollars, two
thousand each, and to retain two thousand dollars of the price of the place
to himself.

	Item 6th. It is my will and desire that the said Silas R. Davis is to
have four years to pay the said heirs their proportion, of the price of the
place, time to commence one year after my decease, or my wife's, as the
case may be. - Say four thousand dollars to each per year without interest.

	Item 7th. If any difficulty or dispute should arise about the division
or distribution of any protion of my estate it is my desire that the same be
referred for settlement to three honest and capable men for adjustment.

	Item 8th. I do make constitute and appoint my son Silas R. Davis Executor
of this my last will and testament; hereby revoking any and all former
wills by me at any time made.

	In witness whereof I Albert Davis, the Testator, do hereunto set my hand
and seal, to this my last will and testament, written on one sheet of paper
this fourth day of March in the year of our Lord 1879 .

	Albert Davis    seal
Signed, sealed and delivered
in the presence of
               David Lutes
               John Caldwell
               Hiram McCombs  

West Virginia Clerk's office, Marshall County Court Feby 9" 1882
		In vocation.
	A paper writing bearing the date March 4" 1879 purporting to be the
last will and testament of Albert Davis late of this County, Decd., was this
day fully proved before me in my office by the oaths of Jno. Caldwell and
Hiram McCombs, two of the subscribing witnesses thereto and is ordered to be
recorded. And S. R. Davis the Executor therein named who made oath thereto
and together with Matthew Hasler, Hiram McCombs and Jno. Caldwell, his
securities who qualified as to their sufficiancy entered into and
acknowledged their bond in the final sum of $5000, conditioned and payable
as the law directs. Therefore a probate of said will is granted the said S.
R. Davis in due form. And on motion of said S. R. Davis, James Downing,
Alexander Caldwell and George Keltz he and they are hereby appointed
appraisers, well and truly to appraise the personal property of said decd.,
they being first duly sworn for that purpose. 


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