Will of Nathaniel Wayt

Ohio County, (West) Virginia

Will Book 3, pages 382-385

 

Submitted by Elaine Murray Muldrew

(Transcribed as written)

 

Know all men by these presents that I Nathaniel Wayt of Ohio and State of Virginia considering the uncertainty of live and being of Sound mind and memory do make and ordain the following to be my last will and testament Item first I order all my Just debts be paid

 

2d I bequeath to my wife Sarah During her life time one hundred and Thirty five acres as conveniently as may be to include the home buildings taking in all the land adjoining Isaac Mitchells thence along the line of Absalom Ridgely to a white Walnut corner thence down Ridgley line to a Stone thence up the line dividing the old tract formerly belonging to John Wayt Decd to a Stone at the falls of the run thence up the right hand fork to the head of it in the old meadow and from thence in a Straight line to the South Side of the place betwixt me and Marlin So as to leave the house My Son James built on the ridge road out of this bequeath and my Son William is to inherit the Said tract of land at his mothers death and is to live or not live with his mother as they can agree but if he lives with her and his sister Susan and works the land he is to Keep and provide for them both so long as both parties are agreed and he is to take care of Susan as long as she lives Single

 

3d I bequeath to my son James one hundred and twenty acres described as follows Beginning at a Sugar tree on line between me and Ridgely twenty five rods from the Stone corner in the bottom thence along my old line thirty rods thence to a Bridge across a run below James House thence with the fence on the top of the bank on the right Side of the Run going up it untill you come to a large tree Lucust forty rods or so The largest Locust near to it Standing on the bank betwixt the fence and run and thence to Hemphills line So as to include the one Hundred and twenty acres being the tract on which he now lives

 

4th I bequeath the remainder of my land to my Son John and Susan my daughter to be equally divided between them the east Side to John and the west Side to Susan and I hereby order that if any disputes arise among my heirs as to this will and its meaning it is to be Settled by three judicious men chosen by the parties & if they should not agree arbitrators then to be appointed by the County Court and their award to be final

 

5th I will and bequeath to Polly Pollock my Daughter in Married with David Pollock of Knox County Ohio one thousand dollars to be paid as follows My Son James is to pay her eight hundred dollars one fifth part to be paid two years after my decease and one fifth yearly untill the eight hundred is paid and my Son William is to pay Six hundred dollars as follows two hundred dollars two years after my decease to the Said Polly Pollock her heirs or assigns

 

6th I order that my son William is to pay the four eldest of my Son Nathaniels Children as they come of age one sixth part of seven hundred dollars untill the four hundred dollars are expended and my Son John is to pay two hundred dollars as follows Viz beginning to pay the Said Children of Nathaniel where William left off as they come of age and Susan is to pay one hundred dollars to the youngest when it comes of age which will give each of them Viz the Six children the one Sixth part of Seven hundred dollars  And be it observed that the reason I allow John to pay so Small a sum is that the note he holds against me is to be void and given up

 

7th I order Susan to pay one hundred dollars five years after my decease to Lewis Taspan of New York or the Treasurer of the Mendi Mission for the use of Said Mission and if in case that Mission should be broken up by wars or otherwise then to the union Missionary Society to be paid to its Treasurer in being when paid

 

8th I order that if ever my Son Andrew comes back Those who are named in this will in different liabilities  Viz James John William and Susan are to pay him four hundred dollars in proportion to their different liabilities or pro Rata to the Sum each one is allowed to pay 

 

9th I Bequeath to my wife Sarah all my personal property in the house and out of it 

 

10th I hereby appoint my Sons James and William to be my Executors of this my last will and testament As witness my hand and Seal this Twenty fourth day of December in the year of our Lord one thousand eight hundred and forty five

 

Signed and acknowledged

In presence of us who were                                         Nathaniel Wayt

Desired by the Testator to Sign as Witnesses                                         (SEAL)

William Maxwell

Jermiah Terril

John Maxwell

 

 

Ohio County Court November Term 1849 The last will and testament of Nathaniel Wayt decd Was proved by the oaths of William Maxwell Jeramiah Terrel & John Maxwell Subscribing witnesses Thereto and ordered to be recorded

                                                                                    Test    Jno McColloch Clk