Augusta County, VA - Will of George Coley, Sr.; 1853 File submitted for use in the USGenWeb Archives by: Glenda Lambert-Gibson ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ Will of George Coley SR. October 27, 1853 In the name of God Amen. I George Coley Sr. of the County of Augusta in the State of Virginia being far advanced in years but of sound mind and disposing memory do make this my last will & testament. First. Desire that all my just depts., which are but few and of small amount be paid as soon after my decease as possible. Secondly I give devise & bequeath to my beloved wife Catherine Coley, the house & lot now occupied by me & her, and also the House & Kitchen furniture and the tools in the shop and all other property owed by me. I want my beloved wife to have full possession of all the above mentioned property during her lifetime. Thirdly I wish & desire that my Son George Coley is to have the privilege & the right of using the tools in the shop, and also to have his home with his mother if he desire it as long she lives. Moreover, I want my son George to take good care of his mother of his mother & to treat her, as a child ought to do. My desire is that if my son George proves to be faithful to his mother until her death and attends to paying my depts. & setting all my affairs up justly & honestly I want him to have the house & lot & all such property as my be left after my wife's death, but if so be that my son George should not be faithful to his mother and in every wise disrespect her then I m that ease I want my wife to have the powers of willing & bequeathing such property as she may have in persesh to everyone that she may see proper. But if so be that this should be the case, that my wife should make complaint to that affect she must establish it by good evidence before she can obtain this power, but if every thing of this kind should occur. I want my son to be justly paid for all that he has done for me during my lifetime & what he may do for his mother. Fourthly. I give & bequeath to my son Jacob Coley & my daughter Mary Markwood one dollar to each to be paid to them so soon after my death as convenient. In testimony where of I have unto set my hand & seal this 27th day of October, 1853. his George x Coley mark Signed sealed and declared By the above George Coley Sr. To be his last will & testament In the presence of us, who have Hereunto subscribed our names As witness in the presence of the Testator Jacob Hilderbrand Jr. Phillip Towberman Martin Garber At a special team of the Circuit Court held for Augusta County Jan. 10th 1854 The last will & testament of George Coley dec* was presented in Court and proved according to law. By the affirmation of Jacob Hildebrand & Phillip Towberman two of the subscribing witnesses thereto & ordered to be recorded, and no executor being appointed by said will, and it appearing to the satisfaction of the court that Catherine Coley widow of the said George Coley dec* refuses to take upon herself the burden of the execution of the said will. On the motion of John Towberman who made oath thereto, and together with John B. Watts, James D. Hanger, Jacob Hildebrand & Phillip Towberman his securities entered with & acknowledged Their bond with penalty of Five Hundred Dollars conditioned according to law, certificate is granted him for obtaining letters of administration in due form on the Estate of the said George Coley dec* with the will annexed. Teste Rich C. Kinney Know all men by these presents that all John Towberman, John B. Watts, J.D. Hanger, Jacob Hildebrand & Phillip Towberman are held & firmly bound unto the Commonwealth of Virginia in the sum of Five Hundred Dollars, to the payment whereof will & truly to be made to the Commonwealth of Virginia . we bind ourselves and each of us our & each of our heirs executors & administrators Jointly & severally, firmly by these presents, sealed with our seals & dated the 10th day of Jan. 1854. The condition of this obligation is such that Whereas John Towberman hath applied to the Circuit Court of Augusta County for a grant of administration with the will annexed as of the Estate of George Coley decMore if the said John Towberman shall faithfully discharge the duties of his office entrust as administrator with the will annexed of the goods chattels & credits of the said George Coley dec* then this obligation to be void, else to remain in full force. John Towberman (seal) Jacob Watts (seal) James D. Hanger (seal) Jacob Hildebrand (seal) Phillip Towberman (seal) At special term of the Circuit Court held for the Augusta County Jan. 10th 1854 This Bond was this day executed & acknowledged in Court & ordered to be recorded. Teste Rick C. Kinney