Submitted by Sara Richardson Kelly
Will of Margaret McKay
Wheeling, Ohio County
In the name of God, Amen. I, Margaret McKay of the City of Wheeling in the State of Virginia, being old and infirm, but of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking and annulling any and all former wills by me made.
First: I desire that all my just debts and my funeral expenses be first paid out of the funds herein after mentioned
Second: out of the same fund I give and bequeath unto William Ferguson, the son of my brother George Ferguson of Troy, New York, a legacy of Three Hundred Dollars, to be paid out of said fund immediately after the payment of my debts and funeral expenses.
Third: Out of the same fund I give and bequeath unto Mary Galmurty (who is now living with me) the sum of one hundred dollars to be paid to her as soon as the money can be realized after the payment of said last mentioned legacy. Provided however. that the said Mary Galmurty remains with me until my death. It being my intention that if said Mary Galmurty leaves me before my death, this third clause of my will shall be null and void and said legacy shall not be paid to her.
Fourth: Out of the same fund I give and bequeath unto my executor hereinafter named, a sufficient sum for the purpose of procuring four tomb stones of marble, one to be placed over the grave of my deceased husband William Mckay, one over my Sister Jeanette Mooreland's grave, one over my daughter Margaret's grave, and the fourth over my own grave. The three first named are buried in the East Wheeling Grave Yard, where I desire to be buried also. The said tombstones not to exceed in cost forty dollars each or one hundred and sixty dollars in all.
Fifth: I give and bequeath the rest and residue of said fund, if any there be, unto my executor hereinafter named, in trust as follows, that is to say: that after the payment of said debts, funeral expenses, the expenses of administering my estate and the above mentioned legacies, my Executor shall pay over the said residue to the Treasurer for the time being of the Methodist Missionary Society in the City of New York, and hereby direct and declare that the receipt of said Treasurer, shall be a good and sufficient voucher and acquittance to my said executor for such payment.
Sixth: In order to create a fund to meet the payment, of my debts, funeral expenses and those, of administration and the said legacies. I give and devise unto my said executor lots numbered ninety five and ninety six and the appurtenances, situated on the east side of Market street, immediately south of Jefferson street in the City of Wheeling in the State of Virginia, to have and to hold the same unto him, his heirs and assigns, on the following trusts and for the following purposes, that is to say, to sell the same at public or private sale, and for cash or on a credit at his discretion, and to collect the proceeds thereof and apply the same as above directed. And I hereby authorize my said executor to make all necessary and proper deeds and acquittances, and to execute, acknowledge and deliver, all instruments necessary to perfect such sale and to carry out my wishes as before mentioned. The above named two lost descended to me as the wife of William McKay deceased, the said William McKay having died intestate, leaving no father, mother, brother or sister, nor any descendants of either, and having neither maternal or paternal Kindred living at the time of his death.
Seventh: My personal estate shall be disposed of in the same manner as my real estate has been disposed of
Eighth: I nominate and appoint Daniel C. List of the City of Wheeling executor of this my last will and testament.
Given under my hand and seal this day of June in the year of our Lord one thousand eight hundred and fifty seven.
Mark and seal by Margrett McKay
signed, sealed , published and declared by the testatrix as and for her last will and testament in the presence of us, who in her presence and at her request and in the presence of each other have hereto subscribed our names as attesting witnesses thereto
John Fisher Sr.
Virginia, Ohio County Court, January Term 1858
the last will and testament of Margaret McKay, deceased, was this day produced in Court, and proved according to law by the oaths of John Fisher Sr. and Mathew Warren, subscribing witnesses thereto, and is ordered to be recorded.
Jno. McColloch. Clk.