Charles County MD Archives Wills.....Martin, Aquila January 31, 1881
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Kathleen Brown kbrown@mmri.org April 19, 2007, 3:27 pm

Source: Monongalia Co. W.va. Will Book 4 P.2
Written: January 31, 1881
Recorded: February 26, 1886

I, Aquila Martin of the Co. of Monongalia State of W.Va. do hereby make my last 
will and testament ss:

First.  I will and bequeath that my funeral expenses and just debts shall be 
paid from money arising from the sale of my personal property in the Co.s of 
Monongalia and Taylor and money that I may have on hand or deposit.  I then 
direct that my executor hereafter named shall (if there remains in his hands a 
sufficient surplus) apply fifty dollars of said surplus to the purchase of 
monuments and the erection of the same at the graves of my deceased children 
whose names are as follows Sophia H., Luther, Eliza J. Sansorn, and Julia H. 
and the balance to be equally divided between John A.F. Martin and my two 
daughters Sophia and Emaline or their legal representatives. As to my farm in 
the Co. of Taylor and State aforesaid, it being the same that I purchased of 
John Wiseman: said farm situate about two miles North of Pruntytown on branches 
of Lost Run in said Co. and State.

Second.  I will bequeath and devise my said farm as follows: that is to say to 
my son John A.F. Martin and his heirs.  I devise one hundred and forty three 
(143) acres being part of my said farm and all my wearing apparel or clothing 
and rifle gun.

Third. I bequeath and devise to my daughter Mrs. Emaline Breakiron ninety-four 
(94)acres part of my said farm and my lot in the town of Fetterman Co. of 
Taylor and State aforesaid and at her decease to go to her children.

Fourth.  I bequeath and devise to my daughter Sophia A. or her children two 
hundred acres of land in the Co. of Calhoun and State aforesaid.  And my son 
John A.F. Martin is to make to my said daughter or her children a good and 
sufficient deed for said two hundred acres (for his doing so I have compensated 
him by part of my devise to him).

Fifth.  My daughter Alcinda having departed this life and also all her lineal 
off-spring (or children), I therefore make no beqeath or devise to or for her.

And I further constitute and appoint my son John A. F. Martin my Executor with 
such power and authority as may be necessary or required to carry into effect 
the provisions herein aforesaid and no bond to be required of him.  And I 
hereby revoke all other and former Wills and testaments by me heretofore made.  
In witness whereof I have signed and sealed and published and declared this 
instrument as my will at John Haris near Granville in the Co. of Monongalia and 
State aforesaid on this 31st day of January 1881.
Aquila Martin (Seal)

The said Aquila Martin at John Haris on said 31st day of January 1881 signed 
and sealed this instrument and published and declared the same as and for his 
last will.  And we at his request and in his presence and the presence of each 
other have hereto written our names as subscribing witnesses.
Robinson Hare
S.W. Hare

I hereby make the following Codicil to my foregoing will- No part of my 
personal estate to go to my daughter Sophia (deceased) nor her children but my 
said personal estate shall be equally divided between my son John A.F. Martin 
and my daughter Emaline Breakiron after reasonable charges and costs for 
collection and erection of the monuments aforesaid.  I give to my daughter 
Emaline Breakiron my bed and bedding and to my grandson David Breakiron my 
overcoat, one dress coat, one fur, and one Panama hat, and one pair boots.  The 
division of my farm as aforesaid: the line shall commence near the Co. Road on 
the East side of said farm and run so as to include the cool spring (if 
desired) thence north to a stake thence westerly to the Reynold or Armstrong 
land parallel with the lines of the South side of my said farm so as to include 
the nine-four acres and in consideration of the buildings being on my son Johns 
part, he shall pay to Emaline One Hundred Dollars on or before the expiration 
of one year after my decease.
Witness my hand and seal this 23th day of January 1886    Aquila Martin  (Seal)
Witnesses: Robinson Hare   S.W. Hare

State of W.Va. ss:
In the Clerks office of the Co. Court of Monongalia Co. on the 26th day of 
February 1886

This day a paper writing purporting to be the last will and testament of Aquila 
Martin deceased and codicil thereto were produced to me Waitmen T. Willey, 
clerk of the Co. Court of Monongalia Co. in the clerks office of said Co. and 
were duly proved before me by the oaths and examination of Robinson Hare and 
S.W. Hare the subscribing witnesses thereto to have been executed, acknowledged 
and attested in manner and form according to law so as to make the same a valid 
will, whereupon It was by me then and there ordered that said writing be 
admitted to probate and recorded as the last will and testament of the said 
Aquila Martin deceased.  And thereupon came John A. F. Martin who is named and 
appointed in said will to be executor thereof: and on his motion, It was by me 
then ordered that he the said John A. F. Martin be authorized to qualify as 
such executor by his giving and acknowledging a proper bond in the penalty of 
One Thousand Dollars with good and sufficient security therein and taking the 
oaths prescribed by law.
Whereupn the said John A.F. Martin with Robinson Hare who justified on oath as 
to his sufficency, his surety, gave and acknowledged a bond, as such executor, 
in the penalty of One Tousand Dollars, with conditions according to law, and 
took the oaths prescribed by by law.  And a certificate was granted to the said 
John A. F. Martin to obtain letters testamentary on the last will and testament 
of the said Aquila Martin.
Teste: W. T. Willey-Clerk-
A Copy, Teste: W.T. Willey- Clerk


Additional Comments:
Aquila Martin was born in Charles Co. Md. 1767 and went to Monongalia Co. W.Va. 
1800-1806 with his parents Allen Martin (b. Charles Co. Md. 1767) and Athelia 
Maddox (b.Charles Co. Md 1771).  He married first: Mary Byrne Fairfax (b. 
Monongalia Co. Va. 5/29/1802), the daughter of Col. John Fairfax (b. Charles 
Co. Md. 12/10/1762); and second married Hulda Miles.

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