WILL OF THOMAS DANIELS

Last Will and Testament

In the name of God Amen

I Thomas Daniels, born and raised in the town of Frankfort, Hampshire Co, State of VA, now Mineral Co, WV, being feeble in body but sound in mind and disposing memory, for which I thank God, do make and constitute this my last will and testament, this 10th day of Nov, 1879. After my death, I desire all my personal property to be sold and my house debts paid except what is herafter named.

I desire my son, Dennis Daniels, to take charge of my farm during his Mother's lifetime, for the support of his Motehr and for him to take good care of her.

I give and bequeath to my beloved wife, Nancy Daniels, one bed, bedstead, bedding, one bureau, one table, one cupboard and dishes, one set of chairs, carpets, one cow, and such cooking utensils as she may need. After the death of my wife, I desire my farm to be set up and sold to the highest bidder by my Executor. I give and bequeath to my son Dennis Daniels, Five Hundred dollars ($500) and my eight day clock, Henry T Daniels, son of Dennis Daniels sum of Fifty Dollars ($50). I give and bequeath to my son Daniel J Daniels, Seventy Five Dollars and what I have paid for him he is not to be charge with.

I give and bequeath to my son Benjamin N Daniels, Five hundred dollars ($500), one bed, bedstead and bedding. I give and bequeath to my daugher, Susan R Daniels, Ten Dollars ($10). I give to my Grandson, John T Daniels, son of Daniel J Daniels, Four Hundred Dollars ($400), one bed, bedstead and bedding, the bed to remain with his Grandmother her lifetime. I give and bequeath to my grandson Zimri V Daniels, son of Daniel J Daniels, Five hundred dollars ($500), one bed, bedstead and bedding, the bed to remain with his grandmother her lifetime, also one cow that he always claimed as his own to do with as he pleases. I give and bequeath to my grandson, William E Daniels, son of Joseph K Daniels, Six Hundred Dollars ($600) also to Margaret, widow of Joseph K Daniels, one hundred dollars ($100). I will and desire that none of my heirs sell their portion or share of the farm until the whole is sold by my Executor and any of the heirs offering for sale their share forfeith his right.

Lastly, if I have estimated my property too high, and it does not hold out, I wish it divided in proprtion to the several amounts herein devised after my farm is sold I wish the heirs paid off as soon as the collection is made. I do constitute and appoint my brother, Jacob P Daniels, Executor, with full power to Execute the above my wishes.

Thomas Daniels.
Signed, sealed adn delivered in the presence of us who have signed in the presence of each others.
Samuel Biser
Hiram Hamilton (X-his name)
George Biser

Mineral County, to wit

Be it remembered that on this 27th day of January, AD, 1880, the annexed will was presented in open court and having been proven onthe oaths of Samuel Biser and George Biser, two of the subscribing witnesses thereto is entered of probate and ordered to be recorded as the last will and testament of Thomas Daniels, deceased.
Teste, W T Head, Clerk County Court, Mineral Co, WV

The last will and testament of Thomas Daniels, deceased was this day presented to the court and was proven by the affirmation of Samuel Biser and George Biser two of the subscribing witnesses thereto, adn ordered to be recorded and it appearing to the court that Jacob P Daniels, the executor named in said last will and testament declined to qualify as such executor and more than thirty days having elapsed since the death of said Testator, Thomas Daniels, on motion of said Zimri Umstot, who made oath according to law Administration of the estate of said Thomas Daniels Deceased with the said last will and testament annexed is granted ot said Zimri Umstot upon his giving bond in the penalty of Three Thousand Two Hundred Dollars, and thereupon the said Zimri Umstot with Samuel Umstot as his surety executed an acknowledged and approved by the court and the court doth appoint John Umstot, George Biser and Lambert Ellifritz, who after being sworn shall appraise the estate of the said Thomas Daniles, deceased according to law.
Teste W T Head, Clerk
January 27th, 1880

TRANSCRIBED JULY 17, 2001 BY PATTI MCDONALD
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