Ohio County (West) Virginia
Will Book 2, page 156
Submitted by Elaine Murray Muldrew
(Note: Transcribed as written. After being approved twice in court this will was eventually broken.)
In the name of God Amen I John Wayt of the County of Ohio and State of Virginia on the waters of Short Creek, being frail and weakly in body, but sound in Mind and Memory, calling to mind the uncertainty of life, and the mortality of my body, and that it is appointed for all men once to die and after death to come to Judgment, do make and ordain this my last will and testament in way and Manner following
Viz, First and primerly I commit my soul to Almighty God that gave it me trusting and believing that I shall receive the full pardon of all my sins, and obtain eternal life through the merit and intercession of Jesus Christ My Savior and Redeemer and my body to the earth from whence it was taken assuredly believing in the Resurrection of the dead at the last day through the power of Almighty God.
And as for such worldly goods and estate as it hath pleased God to bless me with, I leave as followeth Imprimis, I will that all my Just debts and funeral charges be all paid out of my personal estate.
Item I give and bequeath unto my beloved wife Mary Wayt during her natural life all my Real estate and stock and household furniture during life and one hundred dollars out of my personal estate to dispose of as she shall see fit, but if my wife Mary should see cause to alter her life by marriage then my will is that she have only half the aforesaid legacy excepting the hundred dollars that she shall have as before and that there be an appraisement of the property willed to her and she may either take her half at the appraisement or let it be sold and get the half of the amount, I alter this item so far as that in either case my wife Mary shall have what is willed to her to dispose of at her death as she may think best.
Item my will is that all my money on hand and out at Interest, after paying the aforesaid legacy, and paying the aforesaid charges the remainder of my personal estate be appropriated to the use of educating poor and pious youths for the Gospel Ministry, such as cannot educate themselves, and that after the decease of My wife Mary My Real Estate be appropriated to the same use, either rented or sold as my Executors hereafter named think best and put to the aforesaid use.
Item I will and bequeath to my wifes brother Robert Pyatt fifty dollars.
Item as to Ames my negro man and Easter my negro woman my will is that they be both set free at the death of Mary my wife and that none shall have any authority over them but Mary my wife and should they have any children previous to their freedom they shall be free at the same time with their parents
Lastly I do hereby constitute ordain and appoint my trusty friends John and Adam Faris Joint Executors of this my last will and testament revoking and making void all former wills and testaments, and confirming this and this only to be my last will and testament
In witness whereof I have subscribed my name and affixed my seal this twenty ninth day of November eighteen hundred and seventeen.
Signed seal and
The presence of
Henry Dement John Wayt
Her (his mark and seal)
Rebecca X Pyatt
A supplemint or addition to this my former will is this, I will and bequeath to my nephew Nathaniel Wayt three notes of hand, of the following sums and dates viz, the first for one hundred dollars bearing date Novr. the 4th 1803 payable the 1st April 1810, the second for fifty dollars payable the 1st April 1811 the third for one hundred and one dollars and fifty cents, on which there is a credit of 33 dollars and the remainder I relinquish my right and claim to and of all the aforesaid notes principal and Interest, and lastly it is my desire that this supplemint or addition be annexed to and made apart of my last will and testament to all intents and purposes. In witness whereof I have hereunto set my hand and seal this thirteenth day of March 1818
In presence of
Her John Wayt
Rebeccah X Pyatt (his mark and seal)
I do certify that the above will and codicil thereto annexed of John Wayt decd. were
proven in Court at October Term 1818 by the oaths of Rebeccah Pyatt and John
Faris subscribing witnesses thereto & ordered To be recorded
Wm Chapline Jr. C.O. C.