Joseph McIntire’s Last Will and Testament
Virginia, Tyler County, to wit, I Joseph
McIntire of the County of Tyler and State of Virginia, being of
sound mind and proper discretion, do hereby make my last will
and testament, hereby revoking all others in manner and form as
follows. First, I desire that all my just
debts and funeral expenses shall be paid out of my personal
property and the remainder, if any, shall go to my wife, Mary
McIntire, during her life, and at her death to dispose of as she
may think best. Second, I do hereby give to
my son James McIntire, one hundred acres of land to include the
house and improvements as they now stand.
Third, I do hereby give to my wife Mary McIntire, one hundred
acres of land to be laid off on the South East of the hundred
acres given to my son James McIntire in lieu of dower.
Fourth, I do hereby give to my daughter Caroline McIntire one
hundred acres of land to be laid off on the South East of the
hundred acres given to my wife Mary McIntire.
Fifth, I do hereby give to my sons Franklin McIntire, Jacob
McIntire, Joab McIntire, George McIntire, Luke McIntire, and
Henderson McIntire all the balance of my land except that which
I have above disposed of to be divided equally amongst them and
if my sons cannot agree amongst themselves in the division of
the land then each one of them shall choose a man being a
freeholder whose duty it shall be to divide the land equal
amongst my sons as above named, according to quantity and
quality.
Sixthly, I do desire and decree that my sons Franklin
McIntire, Jacob McIntire, Joab McIntire, George McIntire, Luke
McIntire, and Henderson McIntire shall pay unto my daughters
Melinda McIntire, Elizabeth McIntire, and Amelia McIntire
Seventy five Dollars apiece, (and to be paid no trade), each one
of my sons as above named to bear their equal proportions of the
Seventy five Dollars which is to be paid to the daughters as
above described, which said sums are to be paid as follows all
of my sons that are now of age shall pay their respective shares
to my daughters within five years from this date and my sons
that are now under age shall pay their respective shares within
five years after they become of age. I do
hereby appoint my son James McIntire Executor of this my Last
Will and Testament given under my hand and seal this tenth day
of April 1845.
Joseph McIntire
[signed by “his mark”]
Signed sealed and delivered in the presence of us
Dixon Underwood
Peter Moore
Wm. G. Williams
Jno. W. Horner
Tyler County Court April Term 1845; this
will of Joseph McIntire deceased was presented in Court and
proved by the oaths of Peter Moore and John W. Horner witnesses
to the same and was ordered to be recorded.
Lester D. Hickman, Clerk
Contributed by Deanna
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