Submitted by Sara Richardson Kelly
Will for James Richards
Book 4, p. 131 July 21, 1857
I, James Richards, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my last will and testament.
My will first that my funeral charges and Just debts shall be paid by my executors hereinafter named as soon after my decease as may be convenient.
The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges, and the expense attending the execution of this my will and the administration of my estate, I give, devise and dispose thereof as follows, to wit:
I give and devise to my dear wife, Mary Richards, for an during the term of her natural life the undivided one half of Lot no. (181) one hundred eighty one, lying and being situate on John street in East Wheeling in the City of Wheeling, State of Virginia, it being a portion of the same property mentioned and devised in the will of Mary Richards decd. which said will bears date June 21, 1842 and which is of record in the Clerks Office of Ohio county in Will Book No. 3 folio 226. And from and after the decease of my said wife Mary Richards, it is my will that the same go to my children and their heirs forever.
And I give and bequeath unto my dear wife Mary Richards, so long as she continues to be my widow, that certain property lying and being situate on Boggs Run and on which my family reside and which is known as the home property, containing about one acre and three quarters of an acre giving her full power and authority to dispose of the same, should it be necessary in her opinion for the purpose of sustaining and supporting herself, and family but in the event of my said wife intermarriage then it is my will that the same shall go to my children and to their heirs forever.
And as to all the rest and residue of my personal and real estate and effects, not before herein mentioned, and which shall remain after the payment of my debts and funeral expenses and the expenses attending the execution of this my last will and testament. I give and bequeath the same to my dear wife Mary Richards and her heirs for ever.
And I do hereby nominate and appoint my James M. Dillon and William Exley to be the Executors of this my last will and testament. And I do hereby revoke and make void all other former and other will and wills by me at any time or times heretofore made. and do hereby declare these presents to be and contain my last will and testament.
In witness whereof I, the said testator James Richards, have to this my said last will, set my hand and seal this 21 day of July A.D. 1857
Signed, sealed, published and declared, by the testator James Richards as and for his last will and testament in the presence of us, who, in his presence, at his request, and in the presence of each other, have hereunto signed our names as witnesses.
James M. Dillon
John F. Thompson
Virginia, Ohio County Court
September Tern, 1857
The last will and testament of James Richards deceased, was this day produced in Court for Probate whereupon the same being proved according to law by the oaths of James M. Dillon and John F. Thompson, the subscribing witnesses thereto, who were duly sworn in open Court, is ordered to be recorded as and for the last will and testament of David Richards, deceased.
Jno. McColloch, Clk.