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