Will of James Winters

Submitted by Elizabeth D. Swiger.


Will of James Winters, 1803-1872

Written 20 May 1872, Probated 28 June 1872
Marshall County WV Will Book 2, Pages 15-6

	I, James Winters of Sand Hill Township Marshall County and State of
West Virginia, being of sound mind and memory and considering of human life
do therefore make ordain publish and declair (sic) this to be my last will
and testament. That is to say;

	First, after all my lawful debts are paid and discharged the residue
of my Estate real and personal I give, bequeath and dispose of as follows,
to wit; To my beloved wife the sum of one thousand ($1000) dollars, one
horse, saddle and bridle and to be supported on the place so long as she
lives. To my son John Wesley I bequeath the farm he now occupies and he is
to pay my son Daniel one thousand ($1000) dollars in three years from date.
To my son Daniel I bequeath the farm he is now living on. To my son James
Franklin I bequeath the farm he is now living on together with five hundred
($500) dollars. To my son Thomas Jefferson I bequeath forty acres of land
situated on Wetzel Run adjoining the Demson place together with one thousand
($1000) dollars. To my son William Hearvey I bequeath the old homestead
together with all my personal property. To John Beal I bequeath one horse,
saddle and bridle together with fifty ($50) dollars when he arrives at
twenty-one years of age. Furthermore I will that after the death of my wife
William Hearvy is to pay to each of his brothers two hundred ($200) dollars
beginning with the eldest and pay $200 a year until each receives his
portion. Furthermore I will that in the case of the death of either Thomas
J. or  William H. that the property by me willed id to belong to their
widows as long as they remain such, and in case that they marry the said
property is to go to the children of the aforesaid Thomas J.  and William
H. Likewise I make constitute and appoint my sons  John Wesley and Daniel
together with my nephew Isaac Winters to be Executors of this my last will
and testamentthereby revoking all former wills by me made. In witness
whereof I have thereunto subscribed my name and affixed my seal the 20th
day of May in the year of our Lord One Thousand Eight Hundred and Seventy
Two.
                                                           his
                                             James Winters  X     
                                                           mark
The above written instrument was subscribed by the said James Winters in
our presence and acknowledged by him to each of us and he at the same time
published and declared the above instrument so subscribed to be his last
will and testament and we at the Testators request and in his presence have
signed our names as witnesses thereto and opposite our names and our
respective places of residence.

Witnesses    Isaac D. Winters   Sand Hill Twp. Marshall Co. WVa.
              John W. Winters   Sand Hill Twp. Marshall Co. WVa.
              Daniel  Winters   Sand Hill Twp. Marshall Co. WVa.

		Article of agreement made and entered into this 20th day of June
one thousand eight hundred and seventy two. We the heirs of James Winters
Deceased each of us being present when his last will and testament was read
all agree to receive and comply with said will. In testimony whereof we
assign our hands and seals on this above date.

	James F. Winters     Seal
	Thomas J. Winters    Seal
	William H. Winters   Seal
	Daniel Winters       Seal
	John W. Winters      Seal

	West Va. Marshall County Recorders Office June 28th 1872.
	The foregoing writing paper bearing date May 20th 1872, purporting to
be the last will and testament of James Winters late of this county Decd was
this day fully proved before me in my office by the oaths of Isaac D.
Winters, John W. Winters and Daniel Winters the three subscribing witnesses
thereto and admitted to record and John W. Winters who made oath thereto as
required by law and togeether with Daniel Winters and Isaac D. Winters his
security who qualified as to their sufficiency, entered into and
achknowledged their bond in the penalty of three thousand dollars
conditioned and payable as the law directs. Thereupon a certificate is
granted the said John W. Winters for obtaining a probate of said will in
due form and the agreement entered into by the heirs of said Decd is also
admitted to record
	Teste   Thos. Finn, Recorder


BACK