Daniel Hains' Last Will
Submitted by Anita Palmer

In the name of God, Amen; I Daniel Hains of the County of Tyler and State of Virginia being of sound mind and disposing memory, and being fully impressed with the knowledge that we are all born to die, and having already lived beyond the years allotted to man I therefore make this my last will and Testament in manner and following towit,
ITEM 1st after my death I will that all my Just debts and funeral expenses be paid by my Executors hereinafter named, out of such part of my Estate as shall be hereinafter directed.
ITEM 2nd I will and bequeath to my daughter Mary the following personal property towit, four beds & bedding, one bureau, one cupboard and cupboardware, one mantle clock, two tables, ten chairs, all my cooking utensils, two iron kettles, one roan mare, two cows, all my sheep & geese together with all and every other article of household goods that may belong to my estate at the time of my death, except one bed and bedding.
ITEM 3rd I will & bequeath to my said daughter Mary Five Hundred Dollars by my Executors out of such means & in such manner as shall hereinafter be provide for the payment of this and all the succeeding bequest hereby and herein after made.
ITEM 4th I will and bequeath to my son James the sum of Fifty Dollars together with one bed & bedding and all my Horse gears & farming utensils of every description.
ITEM 5th I will my Daughter Susan Malson one Dollar and this bequest shall be to the entire exclusion of the said Susan Malson from any other or further claim to any part or portion of my estate either real or personal.
ITEM 6th I will to my Daughter Elizabeth Malson one Dollar and this bequest shall be to the utter & entire exclusion of the said Elizabeth Malson from any other or further claim to any part or portion of my Estate either real or personal whatever.
ITEM 7th I will and desire that my land upon which I now reside be sold by my Executors at public sale at the expiration of one year from the time of my death (unless my Executors who are hereby authorized and empowered to sell the same at private sale, on such terms as shall be prescribed if sold at public sale, shall have sold the same at private sale at that time) on the following terms, towit, one third of the purchase money in hand and the residue in three equal annual payments and out of the proceeds of said sale my Executors shall after the payment of my Just Debts and funeral expenses if a sufficiency remain, pay to my daughter Mary the sum of Five Hundred Dollars as hereinbefore bequeathed to her, to the exclusion of all other bequests hereinbefore made, or hereinafter to be made, and if a sufficient sum should not be left after the payment of my debts and funeral expenses as aforesaid to pay the said bequest of Five Hundred Dollars to my daughter Mary, then in that event whatever sum may be left, shall be paid to her in discharge of the said bequest, as far as the same will each and if more than a sufficient sum be left after the payment of my debts & funeral, to pay the said bequest to my daughter Mary, then my Executors out of the residue if sufficient be left, shall pay to my son James and to my daughters Susan and Elizabeth the bequests hereinbefore severally made to them.



And whatever may be left after the payment of my debts and funeral expenses and the several bequests hereinbefore made shall be equally divided among my sons Robert, Benjamin, William, Daniel, Samuel and James, and my daughters Hannah, Drusilla and the heirs of Rebecca Jones dec'd, the said heirs to receive Jointly; an equal share with my other children above named And my executors shall pay all monies arising from the sale of my lands as the same may be paid to them by the purchaser, or as the same may be collected by them in accordance with the tenor of this Will and in the event that my land should be sold under Deed of trust executed by me to Rodney Hickman Trustee, dated the 31st December 1846 and of record in the Clerk's Office of Tyler county Court, which Deed of Trust was given to secure the payment of certain Debts therein mentioned or if sold under any Trust by me subsequently executed. It is my will and desire that after the payment of the debts therein mentioned that the provisions of this will be carried out as far as practicable by my Executors.
ITEM 8th I will and desire that any & all money or monies that may be recovered by my Executors from the Commonwealth of Virginia or from any other source, for damages by me sustained by the construction of the Sistersville & Salem Turnpike through my farm, shall be applied to the payment of my Debts & funeral expenses, unless the same have been paid by the means hereinbefore provided for that purpose, then in that event the same shall be equally divided among my sons Robert, Benjamin, William, Daniel, Samuel & James and my daughters Mary, Hannah, Drusilla and the heirs of Rebecca Jones dec'd the said heirs to receive Jointly an equal share with my other children above named.
LASTLY- I do hereby appoint my son James Hains and Christian Engle Executors of this my last Will and Testament, hereby revoking all other Wills or Testaments heretofor by me made; In Witness whereof I have hereinto set my hand and affixed my seal the 4th day of July 1853.
Signed, Sealed and Published and declared as and for the last Will and Testament of the aboved named Daniel Hains, in presence of us with the several alterations, erasures & interlineations therein made.
Jacob Carrell
James Keller

(Signed) Daniel Hains (with Seal)

Tyler County Court September Term 1853; this Last Will & Testament of Daniel Hains deceased was presented in court & proven by the oaths of Jacob Carrel & James Keller subscribing Witnesses to the same, and thereupon the said Will was ordered to be recorded as & for the last Will & Testament of the said Daniel Hains dec'd
Test D. Hickman Clerk [$1.09]

 

 

 

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