Submitted by Elizabeth D. Swiger.
Will of John Winters, 1806-1885 Written 6 June 1883, probated 25 May 1885 Marshall County Will Book 2, Pages 233-4. I, John Winters, farmer in Sand Hill District, Marshall County W. Va., hereby make my last will and testament this twenty-six day of June 1883. I hereby devise and give to my son Alonzo the farm I now reside on known as the Home Place and all improvements thereon containing, one hundred acres more or less, subject to the following condition: that he pay to my daughter Esther Rebecca wife of William Dague the sum of one thousand dollars in the following installments viz. Two hundred dollars one year after my death and each succeeding year the same amount, without and interest until the above-mentioned one thousand dollars are paid. I devise and give to my son Isaac D. the farm my son Alonzo now lives on known as the Terrel Tract, containing about 56 acres, also the piece adjoining it known as the Morrow Tract, containing 23 acres more or less with all the improvements on them, subject to the following condition: that he pays to the three sons of my daughter Elizabeth, Decd., wife of James Rogers, the sum of five hundred dollars without interest this to be divided equally among said three heirs whenever they are of age. The above mentioned five hindred dollars shall be paid in the following installments; One year after my death one hundred and sixty-six dollars and sixty-six cents, and each succeeding year the same amount until paid, should two or all of said heirs be of age at that time of said payments shall be divided among them equally. I hereby devise and give to my son Joshua the farm he now lives on, known as the Daugherty Tract, with all improvements thereon containing 95 acres more or less, the fence as it now stands between the Daugherty and Wharry Tracts to be the division fence between the two places; subject to the condition that he pays my funeral expense individually. I hereby give and devise to my two daughters Kezia Jane and Annie Maria the farm adjoining the home place and known as the Wharry Tract containing 60 acres more or less, the present fence to be the division line between the Wharry and Daugherty Tracts. I further bequeath and give to my daughters Keziah Jane and Annie Maria all my household and kitchen furniture and one cow each. I hereby bequeath and give to my daughter Nancy wife of Hudson J. Davis the sum of one thousand dollars payable one year after my death. I hereby bequeath and devise to my daughter Eliza A. wife of James Dague the sum of one thousand dollars. I hereby bequeath and give to my three sons, Alonzo, Isaac and Joshua, my 1/3 share of the grain, this to be equally divided among them. I hereby order that the Executor hereinafter named shall after my death proceed to collect any money due me on notes and accounts and first of all pay the funeral expenses and the remainder shall be divided equally among my sons Alonzo, Isaac and Joshua, any residue not otherwise disposed of in this will. I hereby bequeath and give the abovementioned three sons of mine in equal shares. I hereby appoint my three sons Alonzo, Isaac D. and Joshua as Exectutors of this will with the condition that if any difference of opinion shall prevale among them in matters concerning the execution of this will the decision of the majority shall govern the division. There shall be no bond required of them as Executors except their own recognisance. I hereby affix my hand and seal in the presence of the witnesses below. The Testator signed this foregoing will in our presence and of each other. John Winters seal Isaac D. Winters Alonzo Winters Joshua Winters West Virginia Marshall County Court May 25th 1885. A paper writing bearing date June 26th 1883 purporting to be the last will and testament of John Winters late of this county [end of page 234. Need 235]