Will of Daniel Winters

Submitted by Elizabeth D. Swiger.


Will of Daniel Winters, ca 1780-1839

Written 3 December 1836, probated March Term 1839
Marshall County, West Virginia, Will Book 1, pages 26-28

	The last will and testament of Daniel Winters of Marshall County Virginia.
	In the name of God, I, Daniel Winters, considering the uncertainty of this
mortal life and being of sound mind and memory, (blessed be God for the
same,) do make and publish this my last will and testament, in manner and
form following. (viz)

	First, I give and resign my soul unto God who gave it unto me; and my body
to the dust of the earth , in hope of the resurrection of both at the last
day, and my remains to be decently interred by my heirs and executors.

	Secondly, I will that all my just debts, as shall be by me owing at my
death, together with my funeral expenses, and all charges touching the
proving or otherwise concerning this my will, shall in the first place, out
of my personal estate and effects be fully paid and satisfied, and from and
after payment thereof, and subject thereunto, I will and bequeath all of my
real and personal estate in the form and manner following. (viz)

	Of my real estate, that is my plantation, which contains one hundred and
fifty five acres, I will and bequeath unto my eldest son James Winters
fifty five acres of it, to be laid off from the south end, joining the said
James place where he now lives, according to the full width at that end, to
hold to him, the said James, his heirs and assigns forever, by him the said
James paying twenty six dollars unto Elizabeth Creighton in one year after
my decease.

	The remaining hundred acres of said plantation, with all the
appurtenances thereto belonging, I hereby give and bequeath unto my other
three sons (viz), John Winters, Samuel Winters and Daniel Winters, share
and share alike, i.e. each one third of the above one hundred acres of land
and appurtenances thereto belonging, to them and their heirs and assigns
forever; by each of them paying one hundred and thirteen dollars in manner
and form following. (viz)
	John Winters to pay at the expiration of the year following my decease,
one hundred dollars to my daughter Mary, and thirteen dollars to Elizabeth
Creighton, and Samuel Winters to pay unto my daughter Nancy one hundred
dollars at the expiration of a year after my decease, and thirteen dollars
to Elizabeth Creighton, and Daniel Winters to pay unto my daughter Rebecca
Jane Winters one hundred dollars, at and when he will arrive at the age of
twenty-one years and six months and at the same age and time, thirteen
dollars to Elizabeth Creighton; and it is my will that these three sons ,
John, Samuel and Daniel, do think fit not to divide the land unto the three
parts that any one of them may purchase from the other two their shares, at
a fair price as they can agree. Also I will and bequeath unto my daughter
Easther Wharry the sum of one hundred dollars, to be paid as will be
hereafter specified. I also will and bequeath unto Elizabeth Creighton,
eighty dollars to be paid in manner following (viz) the twenty six dollars
that James is to pay her as specified above, and the thirteen dollars that
each of the other three sons is to pay her, also specified, and fifteen
dollars that her husband John Creighton owes me, which sums together to
make the eighty dollars I bequeath to her. Also I will and bequeath unto my
daughter Mary Winters one hundred dollars which bequest is the hundred
dollars that John is to pay her as specified before, and to Nancy I will
one hundred dollars which is the hundred dollars specified that Samuel is
to pay her, and I will one hundred dollars to Rebecca Jane which is the
hundred dollars that Daniel is to pay her as specified above. I also will
and ordain that after my decease, that all my goods, chattels, household
furniture and effects whatever to me belonging, shall be indifferently
appraised, and sale made of the same, and strict account kept of the
proceeds, so that the hundred dollars that I have bequeathed to my daughter
Easter, be paid out of the proceeds of the sale thereof and my will is,
that whatever remains of the proceeds of the sale, after paying Easther her
one hundred dollars, it is my will that it be divided between my three
daughters, Mary, Nancy, and Rebecca Jane, share and share alike as herein
directed, and 

	Lastly, my express will and meaning is, and I do hereby order and
appoint,that if any difference, dispute, question, or controversy shall be
moved,arise, or happen, concerning any gift or bequest in this my will,
given and bequeathed, expressed or contained, that then no suit or suite,
in law or equity, or otherwise shall be brought, commenced or proscecuted,
for and concerning the same, but the same shall be referred wholy to the
award of some two judicious men of the neighborhood, and according to their
order and determination, be finally settled and their award shall be binding
and conclusive to all and any person or persons therein concerned, and

	I make and ordain my son James Winters, and my son John Winters Executors
of this my last will and testament, hereby revoking all former wills made
by me. In witness whereof I have hereto set my hand and seal this third day
of December, in the year of our Lord one thousand eight hundred and thirty
six.
                                                    his
                                             Daniel  X   Winters 
N.B. the interlining at the foot of the             mark 
first page which is (the thirteen dollars
that Samuel is to pay to Elizabeth Creighton) 
was made before signing. James Baird

	Signed, sealed, published and declared, by the above Daniel Winters
to be his last will and testament, in the presence of us, who at his request,
and in his presence, have subscribed our names as witnesses thereunto.
	James Baird
	James Wharry
	John Wharry 

Marshall County Court                   March Term 1839
	The last will and testament of Daniel Winters dec.d was proved by the
oaths of James Baird and James Wharry two of the witnesses thereto and is
ordered to be recorded. And on motion of James Winters and  John Winters
the Executors therein named who made oath thereto and together with John
Bukey and James Wharry their securities entered into and acknowledged,
their bond in the penalty of $600 conditioned as the law directs.
Certificate is granted them for obtaining a probate of said will in due
form. A copy teste
	James D. Morris, Clerk


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