Submitted by: Sandra Fields, email@example.com, Kansas City, MO May 2, 2004
JAMES BLACK WILL DATED JANUARY 1862
In the name of God, Amen.
I, James Black of Bull Run a branch of French Creek Upshur County Virginia, a citizen of the State County and Vicinity aforesaid, do make ordain and declare this instrument which is written by my friend and neighbor E.T. Summerville to be my last will and testament revoking all others, Aall my debts are to be punctually and as speedily paid as possible, and the Legacies herein after described and bequeathed are to be discharged as soon as circumstances will permit, and in the manner directed hereinafter.
To my beloved wife Lean Black I give and bequeath the use proffit and benefit of my whole estate real and personal for the term of her natural life.
Item - My farm whereon I now reside being encumbered by three undischarged installments, purchase money it is my will and desire that my wife aforesaid shall dispose of my Bay horse in order to liquidate the first note so far as the sum so realized will discharge said note, and also dispose of other property to best advantage so as to pay up any deficiencies in its liquidation, For the liquidation of the second note, it is my will and desire that my Sorrel mare shall be sold to best advantage and the proceeds applied accordingly, and also other property to be sold to make up any deficiencies upon the same. And for payment of the last installment, all remaining personal property of every description to be sold to pay it off, if such a resort should be found necessary, and if the sum so realized should yet be found insufficient, it is my will and desire that my wife shall sell all the land above the road supposed to contain about fourteen acres, in order to realize a sufficiency to pay off said installments, as well as for the payment of all other liabilities against me yet undischarged. And now after having gone through with every thing necessary in my judgement to the discharge of my debts, I poceed to the distribution of my Estate upon the death of my wife, it is my will and desire that my Estate then remaining shall be divided between my children now living in the following manner, to wit:
First: to my son Clark M. I give and bequeath the sum of Five Dollars
Second: to my son Chapman, I give and bequeath the sum of Five Dollars
Third: to my daughter Amanda I give and bequeath the sum of Five Dollars
Fourth: to my daughter Lucinda I give and bequeath the sum of Five Dollars
Fifth: to my son James Marshall I give and bequeath the residue of my Estate then remaining after discharging the legacies above enumerated, consisting of land all other property properly belonging to my estate.
Item - I further charge my wife with the liability of schooling James Marshall our youngest son, so far as to learn him to read write and cypher in the arithmatic to the Single Rule of three.
Sevevth: I hereby constitute and appoint my dearly beloved wife Lean Black and my confidential friend E.T. Summerville Executrix and Executor of this my will and testament, the latter not to act only in case of the death of the former, or at the request of the former as an adviser.
In witnees whereof concerning all and each of the thins herein contained I have set my hand and seal this 6th day of January 1862.
James Black (Seal)
A.W. C. Lemmons
Virginia Upshur County Court, Monday, June 16th 1862.
The last will and testament of James Black, deceased, was this day presented in open Court, and proven by the oaths of E.T. Summerville and A.W.C. Lemmons, two of the subscribing witnesses thereto and ordered to be recorded. Teste David S. Haselden, Clerk