Belmont-Noble-Monroe County OhArchives Wills.....Wilson, William December 18, 1826 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald Reid rreid21@cox.net August 11, 2012, 10:33 pm Source: Ohio, Probate Records, 1790-1967, Belmont Wills, Vol. F., Page 283 Written: December 18, 1826 Recorded: June 13, 1831 Estate of Wm Wilson dec’d Be it remembered that at a term of the Court of Common pleas within and for the County of Belmont and State of Ohio, began and held I the Court house of the County of Belmont aforesaid on the twentieth day of March in the year of our Lord one thousand eight hundred and thirty seven; On motion of Daniel Peck Esquire, and on producing to the Court an authenticated copy of the last will and testament of William Wilson late of Berkley County State of Virginia deceased, duly proven according to laws of the state of Virginia, It is ordered by the Court that the same be entered or read in this Court which said authenticated copy of said will is here now entered of record, and is on the words and figures following; to wit; 1st Page “I William Wilson, of Prospect Hill in the County of Berkley and State of Virginai do make ordain and declare this instrument, which is written with my own hand, and every page thereof subscribed with my name, to be my last will and testament, revoking all others – Imprimes All my debts of which there are but few and none of magnitude, are to be punctually and speedily paid and the cask legacies hereinafter bequeathed, are to be discharged in the manner hereinafter directed. Item 2. To my dearly beloved wife Mary Wilson, I give and bequeath, the use, profit and benefit of the following Estate, real and personal, for the term of her natural life, viz; the new stone house on the plantation whereon I now live, with all its out buildings and other appurtenances, with use of so much of the fruit and firewood of the said plantation as may be necessary for her comfort; also two horses and such other stock as she may wish to have (all which are to be selected by her from the stock which may be on the plantation at the time of my death) with keeping for the same; also my riding carriage and harness, and one moiety in value of the household and kitchen furniture, or so much thereof as she may wish to have, not exceeding that amount, to be selected by her; Also the following negroes viz; Red, Harry, Tom, Grace, and her daughter Nancy, Kitty and her child Bailey – also the rent and profits of the whole of my property in Gerard’s Town and the dividends on fifty shares of the stock which I now hold in the Bank of the Valley in Virginia. 2nd Page Item. To my daughter Isabella Wilson, I give and bequeath the tract of land on Middle Creek which I bought from the heirs of Joseph Park dec’d, formerly of the said County of Berkeley – Also the gig and harness now making for her – also that part of my household furniture, now considered as appropriated to her – also the following negroes viz; Jack, Harriet and her child, Clara and Ann and thirteen shares of the stock which I now hold in the Bank of the Valley in Virginia, in addition to the six shares formerly given to her, and which now stand in her name on the Books of said Bank – also a young sorrel horse called Selim, or if he should die, or be unfitted for service before my death, then another of equal value. Item. To William V. Wilson, James M. Wilson, and Mary C. Wilson, children and heirs of my son Samuel H,. Wilson dec’d, or to the survivors or survivor of them, I give and bequeath my tract of land on Back Creek which I purchased from James Blue formerly of Berkely County – Also the undivided moiety of a tract of land (lying on the East side of Back creek, opposite to and adjoining the before mentioned Blue tract) purchased jointly by my son Samuel H. Wilson and John P. Wilson from Daniel Seaburn and Theodore Seaburn, formerly of said County; which said undivided moiety of the said Seaburn tract, I have purchased from my son John P. Wilson for the benefit of my three grand children hereinbefore mentioned – This purchase I have made for the purpose of making one compact body of all the land held by my son Samuel H. Wilson dec’d, and that now I have given and bequeathed to his children. It is my further Will and desire that should my three grand children aforesaid the words “or to the survivors or survivor of them” between the second and third lines of the second Item on this page, and the words “my sons” between the seventh and eight lines of the same, interlined before signed. Wm Wilson. 3rd Page All live until the youngest shall arrive, at the age of twenty one years, then that the Blue tract on the West side of Back creek, hereinbefore bequeathed, shall be equally divided, with just regard, to timber, as well as quantity and quality between my two grand sons aforesaid; and that the entire Seaburn tract, and all the lands held by their father, adjoining or contiguous to it be assigned to my granddaughter, their sister, and that they convey to her by deed in fee simple all the right title and interest in and to them, to which they are respectively entitled as joint heirs with her to their father’s estate. This arrangement with the special bequeaths hereinafter made to my said granddaughter, will place them very nearly upon an equality, and will in my judgment be best and most advantageous for them all. I Also give and bequeath to my grandson William P. Wilson, the negro boy named Daniel now in the service of my daughter-in-law his mother so my grand son James M. Wilson, I give and bequeath a negro boy named David, brothers of the boy Daniel; and to my grand daughter Mary C. Wilson, I give and bequeath a negro girl named Emily and five hundred dollars in cash, to be paid to her when she arrives at the age of twenty one years. I do also further give and bequeath to my three grandchildren aforesaid, or to the survivors or survivor of them, one thousand dollars to be expended by my Executor hereinafter named in educating them according to their respective capacities for literary and intellectual improvement, and in the manner which shall in his opinion be most effectual in the attainment of that. Wm Wilson. 4th Page Important object, consulting at the same time, so far as circumstances may permit a prudent economy in the expenditure. The surplus, if any, of their respective shares, of the one thousand dollars aforesaid, which may remain unexpended, to be paid to each of them in cash, as they respectively arrive at the age of twenty one years, or sooner at the discretion of my eExecutor. I do hereby cancel and annul all claims upon the Estate of my son Samuel H. Wilson dec’d, for the amount of the advance of mercantile capital made to him the September eighteen hundred and fifteen, and for which I have his receipt. Item. I give and bequeath to my Grand daughter Mary Wilson Sherrard a negro girl named Evelena, and five hundred dollars in cash when she shall arrive at the age of twenty one years, or sooner if circumstances will, in the estimation of my Executor render it proper. Also I will and bequeath to my grandsons Robert Sherrard, Edward Sherrard and John Broome Sherrard, or to the survivors ar survivor of them, one thousand dollars to be expended by my Executor, hereinafter named, in educating them according to their respective capacities for literary and intellectual improvement in the same manner and with the same views as directed for the sons of my deceased son Samuel H. Wilson, and the unexpended surplus, if any, shall remain of their respective shares of the said one thousand dollars to be paid to them in like manner as they respectively arrive at the age of twenty one years, or sooner at the discretion of my Executor. These bequests to the children of my deceased daughter Elizabeth Sherrard, though of small amount when com- Wm Wilson 5th Page Pared with the provision made in this will for my other daughters yet when added to the gifts of real Estate and personal property (including Bank stock) at various times since her marriage, in the year eighteen hundred and thirteen, they make a larger amount, than the whole allotment to either of her sisters – and although the real Estate given to her and her husband, was when conveyed to them, in consequence of the then enhances value, of all landed property estimated at a higher rate than it would be now, yet the intrinsic value of the property itself, the advantages of its situation, and the many years that they have enjoyed the use and profits of it, I consider as giving it a still higher comparative value than it bears in the estimate then made of it. It is my further will and desire that should my son-in-laww Robert Sherrard, the father of my three grand sons aforesaid, refuse to permit them to be educated in the manner herein before directed, then my Executor shall have the amount of my bequest for that object vested in some safe and productive stock, or lent out upon good landed security for their benefit, and the respective share of each one of them, paid to them as they respectively arrive at the age of twenty one years. Item. I give and bequeath to my daughter Mary Coe, the tract of land on Back Creek which I bought of Alexander Fleming, formerly of Berkley County – also the tract of land adjoining the same, which I bought of Joseph Ritchew, and that tract of land at Gano Town, which I bought of the heirs of James Gano and others, generally called the Gano Town tract; with all the houses and lots in said Town, purchased from various persons, reserving from the said Gano Town tract, a parcel of woodland, to be cut off from the North western part thereof, by a lien running from the Southeastern corner of the tract of land which I purchased from the Wm Wilson. 6th Page Executors of Tomas Middleton deceased, in a Southwesterly direction so as to intersect the line of Joseph Henderson, at or near the land upon the usual road leading from Gano Town to said Hendersons saw mill, which said parcel of land, so cut off from the said Gano Town tract, by the said new line is supposed to contain twenty acres, more or less – and reserving also one acre of land, on that part of the said Gano Town tract where it borders on Back creek, opposite to, and a little above the old mansion house of James Gano dec’d, and near to where Back creek washes the base of the steep hill near the upper part of the creek line of said tract, for the purpose of abutting a mill dam with rights of way to and from the said place of abutment, along the eastern margin of the ow grounds, down to the eastern termination of the street of Gano Town- also a right of raceway for a canal and embankment, of forty feet in width along the foot of the hill, down through or near the lake to the southern line of the Middletown tract, with the right of a wagon way along the margin of the same – also I give to my said daughter Mary Coe the following negroes to wit: A negro girl named Maria, a negro man named Jim, and a negro boy named Jerry, also the new gig and harness now on hand, and two horses worth eight dollars each – and also one thousand dollars in cash, or so much of that sum as may not be advanced to her during my life time; to be paid to her as soon after my decease, as the circumstances of the funds of my Estate will permit. Wm Wilson 7th Page Item I give and bequeath to my son John Park Wilson the plantation whereon I now live, including the mountain tract purchased of John Baker and all other tracts or parcels of land purchased of James Hair and others and now considered as part of or attached to the plantation, with all its appurtenances, (subject to the provision hereinbefore made for my wife during her natural life) with all the farming instruments and utensils entire, including wagons, carts etc. – also the remainder of the household and kitchen furniture, after deducting the appropriations hereinbefore made – also the remainder of all the live stock (including) horses, cattle etc.) which may be on the plantation at the time of my decease, after deducting such parts thereof as are hereinbefore bequeathed. I do also hereby cancel and annul the claims which I have upon him for the amount of mercantile capital advanced to himin the year eighteen hundred and sixteen, also for the amount of money advanced to him in the year eighteen hundred and twenty one when about going to Europe, for both which I have his receipts. I also give and bequeath to my said son John P. Wilson the sum of one thousand dollars, to be paid to him as soon as all claims or debts against me which may be due or demandable at the time of my decease, shall be fully paid and satisfied, which said sum of one thousand dollars, is to be in full payment to him, for his undivided moiety of the Seaburn tract of land on Back creek, which I have purchased from him for the benefit of the children of my deceased son Samuel H. Wilson, as per his deed executed to me on the 16th day of December in the year eighteen hundred and twenty six. Also I give and bequeath to my said son John P. Wilson the following negroes to wit; Adam, John Mark, Sandy, Sally and Milly Wm Wilson 8th Page Item. I give and bequeath to my son-in-law Robert Sherrard, all my lands on and near the waters of the three fork creek, formerly lying in the County of Monongalia, and now perhaps in the County of Preston, and commonly called the three fork lands – also my tract of land in Harrison County commonly called the Bingam one tract; and also my tract of land in Belmont County in the State of Ohio, whereon Peter Tallman now lives, to hold the same in trust for the benefit of the children of my deceased daughter Elizabeth Sherrard of the survivors or survivor of them, with power if he should deem it most advantageous to my said grand children to sell and convey the said lands or any part of them, and to vest the proceeds in some safe and productive stock, or to place them at interest with good and sufficient landed security and pay to each of my said grand children or of the survivors or survivor of them the total amount thereof, according to their proportionate interest therein, as they respectively arrive at the age of twenty one years. Wm. Wilson 9th Page. Item. Whereas I did in the month of October in the year of our Lord one thousand eight hundred and twenty five, determine to found and establish in the _____________ a scholarship for the education de novo, of poor and pious youth, for the purpose of qualifying them for the ministery of the Gospel in the Presbyterian Church as that church is now constituted in Virginia, I do hereby give and bequeath to the board of trustees of the ____ in the County of ____ in the State of ____ and their successors for the time being, forever after, the sum of two thousand five hundred dollars, to be by them held in trust for the purpose aforesaid that is to say, that the said trustees shall hold the same vested in some productive stock, and appropriate all the income annually accruing therefrom to the support and education of poor and pious youth as aforesaid, in the manner following to wit: the youth who are to receive the benefit of this scholarship, are to be taken in Succession from the commencement of their clerical education, in all cases, and to be trained in the ministerial office, by a thorough course of classical and theological learning, and to be selected exclusively from within the bounds of the Presbytery of Winchester – the selection to be made after my decease, by my son John P. Wilson during his lifetime and after his decease by the Presbytery of Winchester forever. But should the said, Presbytery of Winchester at any time hereafter cease to exist as an Ecclesiastical body, then the said selection to be made by the synod of the Presbyterian Church in Virginia forever after. Wm Wilson. 10th Page Item. All the residue of my Estate both real and personal I give and bequeath to be equally divided between my children, or their heirs, except as follows Viz; I give and bequeath to each of my three children now surviving or to their legal heirs the sum of two thousand five hundred dollars, and to the children of my son Samuel H. Wilson dec’d, the same sum of two thousand five hundred dollars, which said sum I estimate as an equivalent for the western lands in this state, and in the state of Ohio herein before devised to the children of my deceased daughter Elizabeth Sherrard, then the remainder after deducting the four sums of two thousand five hundred dollars as aforesaid, to be divided equally among all my said children or their legal representatives one fifth part, to the children of my deceased daughter Elizabeth Sherrard, one fifth part and one fifth part to each of my three children now surviving or to their legal heirs and should it be necessary in order to make a division more conveniently under this clause of my Will, to make sale of all or any part of the real estate or personal estate included in this residuary clause then my Executor hereinafter named, is hereby fully authorized to sell and convey the same or any part thereof. The word “heirs” between the fourth and fifth lines of this page from the top, interlined before signed. Wm Wilson 11th Page. Item. IT is further my will and intention that in failure of issue of any of my children now living or in the event of the death of all the children of either my son or daughter now deceased, or both of them, without issue, or before arriving at the age of twenty one years, then that all the Estate herein devised to them, or to either of them respectively shall pass to my other children, or their heirs, to be equally divided between them – and to prevent all misunderstanding of my meaning in this respect, or wherever in this Will an equal division is directed between my children and grand children do hereby declare my true intent and meaning to be, that in every such equal division, the children of each of my two children now dec’d, or of those who may decease before any such distribution, shall together be entitled to the same proportion which their father or their mother would have been respectively entitled to, if alive at the time - And further in regard to my said grand children, it is my express will and intention, that should any one or more of them die without issue, and before arriving at the age of twenty one years, then that their proportionate share of each and all the bequests of Estate, both real and personal hereinbefore made to the collectively, shall in all cases pass to the survivors or survivor of them. Item. It is my further Will and desire, notwithstanding the provision made in the residuary clause of this Will, that whether my wife survive me or not, all the personal property devised to her use during her life, except the Bank stock and negroes, be equally divided between my three now surviving children Isabella Wilson, John P. Wilson, and Mary Coe, or their respective heirs. Wm Wilson 12th Page. Item. Having endeavored to frame all the devises of this my last will and testament fully and explicitly, I trust that their true intent and meaning will be readily and distinctly understood but if unhappily any dispute or misunderstanding shall arise respecting them, or any of the, my Will and direction expressly is, that all disputes shall be decided by three impartial and intelligent men, known for their probity and good understanding two to be chosen by the disputants, each having the choice of one, and the third by these two, which three men thus chosen, shall, unfettered by law or legal constructions – and such decision is to all intent and purpose to be as binding on the parties as if it had been given in the Court of appeal of Virginia. Item. It is likewise my further will and desire, that my Executor shall not be required to make any distribution of my Estate according to the foregoing devises, before the month of January next ensuing my decease, nor in any case within less than six months from that time but that distribution be made as soon after the expiration of such time as may be practicable. And I do also further will and direct that the stock of forage, grain and other provisions, which I may have on hand at the time of my decease be appropriated to the support and maintenance of my family which may remain together until the time of such distribution as aforesaid together or with the negroes and stock, until that time. The remainder to be appropriated to the use of my wife, or so much thereof as she may require, and the residue to remain for the use of the plantation. Wm Wilson 13th Page Item. I do hereby, earnestly enjoin it upon all my children and grand children who are to enjoy the benefit of the devises hereinbefore made, at all times and in all places to appropriate liberally of the means which the bounty of divine providence may afford them to the support of the Gospel, and of institutions calculated to promote the best interest of man. Lastly I constitute and appoint my son John Park Wilson to be the sole Executor of this last will and testament and having made in the foregoing devises such provision for him as I intend for compensation for his services as my Executor, and as Superintendant of the education of my grand children, and allowing him only a reimbursement for his necessary expenses while attending to the same, and nearly all the devises being made in the most special manner, it is my express will and desire, that he be permitted to qualify as my Executor without giving the usual security, and that no Inventory or appraisement be required. In Witness of all and singular the things herein contained I have hereunto set my hand and seal this 18th day of December 1826. Wm Wilson. Signed, Sealed, published and declared in our presence and The signatures to each of the preceding twelve pages acknowledged in our presence and theinterlineations in the second and tenth pages as stated at the bottom of those pages Approved and attested by the testator. Wm Campbell, Frederick Ramer, John H. Park, James b. Russell, James M. Brown 14th Page Codicil to the foregoing Will. I William Wilson of prospect Hill in the County of Berkeley and State of Virginia, do hereby ordainand establish the following Codicil to the foregoing last Will and testament. I give and bequeath to my daughter-in-law Mary Wilson widow of my deceased son Samuel H. Wilson, one third part of all the rents issues and profits of all the lands lying on back creek and devised in the foregoing Will to the children of my said son Samuel H. Wilson deceased, until the youngest of the said children, or of the survivors or survivor of them arrives at the age of twenty one years. – and one fourth part of the said rents, issues, and profits thereafter, for and during the term of her natural life – also the privilege if she chooses to occupy during her widowhood the house on the southern part of the Blue tract on which James Blue formerly lived, with all its out houses and other appurtenances and with the privilege of so much of the fruit and firewood of the said plantation as may be necessary for her comfort, and also the right to occupy and cultivate thirty acres of the exessed cleared land on the southern part of said tract or plantation lying between the County road and back creek. In testimony whereof I have hereunto subscribed my hand and seal this 18th day of December 1826. Wm Wilson Signed sealed published and declared as a Codicil to the foregoing last Will and testament By the testator in the presence of Wm Campbell James B. Russell Frederick Ramer John H. Park Samuel M. Brown Recorded 13 June 1831 File at: http://files.usgwarchives.net/oh/belmont/wills/wilson175gwl.txt This file has been created by a form at http://www.genrecords.org/ohfiles/ File size: 24.2 Kb