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