LOUDOUN COUNTY – WILL OF MADISON CONARD KLINE/KLEIN ~ 1861

Transcribed and submitted by J.C. Hines, jchines@barney.starfishnet.com. 

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Will of Madison Conard KLINE/KLEIN 
signed 5 January 1861 
found in Loudoun Co., VA Will Book 2 U pg. 239. 


********* 

I Madison C Klein of the County of Loudoun State of Virginia declare this to be 
my last will and testament 

Item I will and direct that my Executors shall as soon as may be consistent with 
the interest of my estate after my decease sell all the real and personal estate 
of which I may die seized and possessed except such portions as I hereinafter 
otherwise bequeath or give specific directions concerning either together or in 
parcels and either by public sale or private contract as may be best for the 
interests of my estate and make and execute all such acts decrees and assurances 
of effectuating any such sale or sales. Item Out of the monies arising from such 
sales of my property and debts due me and collected by my Executors first pay my 
funeral expenses then my just debts special legacies a/c

Item I give my wife a special legacy of one thousand dollars which she may take 
the whole or in part in personal property including all my silver ware at 
valuation and and [sic] balance in cash out of first money coming in the hands 
of Executors Item To my son John Alexander I will one thousand dollars with 
interest thereon from the time of my decease this is to effect a like sum 
already given my eldest son.

Item I will and direct that my Executors loan out the sum of Five thousand 
dollars taking good and sufficient security therefor and shall cause to be paid 
to my wife the annual income therefrom free from commissions of any kind for and 
during the time of her natural life. If my Brother John A Klein of Vicksburg 
Miss is living at the time and it meets with my said wife's approbation then it 
is my request that the above mentioned loan of five thousand be offered to him 
who will from assurances made me take it and pay to her ten per cent interest 
per annum in like manner as he now pays me interest the loan to be or the note 
to be executed in Mississippi to make it legal If my wife should not wish the 
loan made to my Brother John, then my Executors will make it where it will be 
agreeable to them and my wife. Item At the decease of my said wife, I will and 
bequeath to my sons John Eberle and John Alexander and their heirs the said five 
thousand dollars above mentioned. In the event of the death of either of my sons 
without issue born or unborn the surviving Brother to be his heir and inherit 
the whole sum

Item To my John Alexander I give my medical library stock of medicines surgical 
instruments office fixtures a/c Item The House and Lot I own in the City of 
Vicksburg Miss (the deed of which is in my Brother J A Klein's possession) I 
direct and will to be kept rented out and the proceeds to be paid equally to my 
wife and my two sons and at the decease or marriage of my wife should she marry 
again the whole property to be theirs or their heirs forever. I wish and here 
request my Brother John A. Klein to continue renting the said house as he has 
been doing and pay the rents as above specified one third to my wife, one third 
to each of my sons and another should my said Brother at any time hereafter 
think it best for the parties interested to sell the same and the proceeds to be 
applied as follows - one third to each of my sons and the other third loaned out 
for the benefit of my wife while my widow and at her decease or marriage to pass 
to my sons equally

Item My negro Girl Annetta I direct my Executors to sell giving her the 
privilege of selecting a master or mistress even if a full price cannot be 
attained giving my executors discretion as to the price they shall take the 
proceeds to go into my general estate

Item I own by purchase of James Love and others three fourths (the other ¼ being 
my wife's) of the tract of sixty eight acres of land on Difficult Run in Fairfax 
Co in reversion - my interest in this Land I give and bequeath to my youngest 
son john Alexander to him and heirs forever.

Item I own one undivided half of ninety acres of land in the County of Jefferson 
being the interest in the Daver Farm of Mrs Herdspith (purchased of James J Love 
by me) my son John Alexander may take this land instead of the legacy of one 
thousand dollars if he so wishes. I paid for it twelve hundred and fifty dollars 
If however he elects to take the legacy of one thousand heretofore mentioned 
then this land will have to be sold as directed in the first item of this will

Item I give and bequeath to my sons John Eberle and John Alexander equally all 
the real estate of which I may die seized and possessed in the State of Iowa and 
I will and direct that my son J Eberle shall take charge of these Lands and keep 
the taxes paid until a division or sale of them which shall not be forced by 
either of them under five years from this time, any and all money paid by my 
said son for taxes or other necessary expenses to be refunded him out of 
proceeds when sold or if divided his Brother to pay his proportion

Item The Mortage I hold on my Brother Armistead M Klein's House in Muncie Town 
Indiana shall not be enforced but assigned over to my Brother if he so desires 
it without consideration Item The negro Girl Mary purchased by me July 16' 1856 
of James Graham together with the future increase I give and bequeath John M 
Miller of Baltimore in trust for the benefit of my sister Catharine for her sole 
use the said negro in no wise to be liable for any debt or contract of her 
husband James Graham either past present or future.

Item I give and bequeath to my sons John E and John A all the residue of my 
estate of any to them and their heirs forever

Item I hereby constitute and appoint my son John Eberle one of my Executors and 
my wife may elect one from the following named persons to wit James Chamblin 
Mason Chamblin of Loudoun County of this my last will and testament all in my 
own hand writing while in the enjoyment of Mental and Physical health. Given 
under my hand and seal this the fifth day of January 1861

MM C Klein (SEAL)

In Rappahannock County Court June 8th 1863 The Court of the County of Loudoun 
and the Court of the County of Fauquier failing to meet for the transaction of 
business by reason of the public enemy. This writing puporting to be the last 
will of Madison C Klein deceased late of the County of Loudoun was produced in 
Court by Mason Chamblin Executor therein named subject to the election of Mrs 
Mary A Klein the testator'' widow and there being no subscribing witnesses 
thereto Ashford Weadon and Joseph Pancoast were sworn and Burr P Chamblin who 
made solemn affirmation severally deposed that they were well acquainted with 
the testators hand writing and verily believe the said writing and the name 
therto subscribed to be wholly written by the testator'' own hand whereupon the 
said writing is ordered to be recorded as the true will of the said Madison c 
Klein deceased and Mrs Mary A Klein the widow of the said testator having by a 
writing produced to the Court her signature to which is proved by the solemn 
affirmation of Burr P Chamblin elected Mason Chamblin Executor of the said will 
which paper is ordered to be filed and recorded On the motion of the said Mason 
Chamblin so elected Executor as aforesaid who made oath thereto and together 
with Joseph Pancoast and Burr P Chamblin his sureties (the said Joseph Pancoast 
justifying on oath and the said Burr P Chamblin making a solemn affirmation to 
their sufficiency) entered into and acknowledged a bond in the penalty of Twenty 
thousand dollars conditioned as the law directs certificate is granted him for 
obtaining a probate of the said will in due form, liberty being reserved to the 
other Executor named in said will to join in the probate when he shall think fit

Teste Robt M Heterick Clerk