Rockingham County Clerk’s Office Will Book 2, Page 379-383 Will of Joseph Cromer In the name of God, Amen. I Joseph Cromer of the County of Rockingham, State of Virginia, being sorely afflicted in body, but of sound mind and disposing memory, and being fully aware of the uncertainty of life, even when in the enjoyment of health, do make and publish this as and for my last Will and Testament, hereby revoking all other Wills heretofore by me at any time made. First, I desire to express my gratitude to God for all his goodness and kindness bestowed upon me during my long life, and with a full and trusting faith in the merits of a crucified Redeemer, I commit my immortal Spirit unto his merciful hands, and desire that my mortal remains may be decently and plainly interred in the bosom of this mother earth. Second, After the payment of my funeral expenses and all my just debts, I desire and so devise, that the remainder of my Estate, consisting of all my Real, Personal and mixed property shall be disposed of as hereinafter described and set forth. Third, I desire that my beloved wife, Hannah shall have the use benefit and exclusive control of one-third of the home farm on which I now live, together with the use, benefit and control of one-third of all the buildings on same, during her natural life, together with two cows all the hogs on the place and all the Personal Property with which she was endowed and brought with her to my house, at the time of her marriage to me. This provision in favor of my wife’s occupancy, use, benefit and control of one-third of my home farm and buildings thereon, is made on this distinct condition, that she does, on her acceptance of the same, relinquish wholly and fully all right, title and interest, which she might otherwise possess in and to the residue of my estate, Real, Personal and mixed. Fourth, to my dear sister, Catharine Cromer, who is becoming advanced in years, I devise a plain, comfortable, but ample support during her natural life, and for the purpose of securing this to her beyond the possibility of a failure, I charge the whole of my Real Estate, not set apart to my wife, with the payment of the same. As her habits and tastes are simple, I leave my Executor, hereinafter named, in whose sound judgment and discretion I have the fullest confidence, to carry out my wishes, hereinbefore expressed in regard to the comfortable maintenance of my said sister Catharine, to fix and disburse to her annually, or oftener, if she needs it, the amount necessary for said purpose. I make this provision for my sister Catharine for two reasons - first, on account of my affection for her, and secondly, because she has been unfortunate (not from any fault of hers, either)with the means she possessed in her own right. Fifth, I devise to my old and faithful colored servant man, John, a decent and comfortable support during his life, the amount necessary for this purpose I leave to the sound judgment and discretion of my Executor. That portion of my home farm, not set apart for my wife, is to be charged with this bequest. Sixth, My son-in-law, Frank Ritchie, is the owner of one half of the mower and reaper now in use on my farm, and in the sale by my Executor of my Personal affects, only my interest of one-half in these machines is to be sold, the other half, being as before stated, the property of Frank Ritchie. Seventh, To my daughters Betsy Ann & Rebecca, I give to each, one good Milch Cow. Eighth, I am indebted to my daughter Betsy Ann, in the sum of nine hundred dollars, or thereabouts, principal money, with about four years interest unpaid - which sum, with its interest, I require to be paid to her by my Executor, whenever she needs or desires it to be paid. Ninth-There is a lien on the farm now occupied by my daughter-in- law, Lucretia Cromer, widow of my son, John Cromer, dec’d, amounting to about $1300 or $1400, which sums I desire my Executor to pay off, and the amount so paid to be charged as so much of the interest of my son John Cromer in my Estate. Tenth-In a Settlement of accounts as Guardian for my children, it was ascertained by Commissioner Wartmann, who made said Settlement, that I had overpaid my son-in-law, Samuel Cox, something like $700, on the amount due his wife, who was one of my Wards. This sum, when fully ascertained from said Settlement I desire shall be charged as the portion of the interest of my said daughter, the wife of said Cox, in my Estate. Eleventh-I have a book of advancements, in which those of my children who have received small amounts from me in property and otherwise are charged. I desire these sums to bear no interest up to the date of my death, and to be deducted from their several shares or interest in my Estate. Twelfth-I desire, after that portion of my Estate which is set apart for the use and benefit of my wife, under the third clause of my will, shall have been first laid off and assigned to her, that then, the remaining two-thirds of said home farm shall be valued by three competent, disinterested farmers, to be selected by my Executor, and such valuation shall be equally divided among all my children, share and share alike. The share of those of my children who are dead is to be paid over to their heirs or their guardians. After such valuation has taken place, then either of my children, or their husbands, shall first have the privilege of taking the same, at the said appraised value. Should either of my children so elect, then, and in that event, they will be required to pay out to my other children their respective shares in said land or its appraised value, - to be paid to them in six equal annual payments, dating from the day they so elect to take said land. If none of my children desire to take this land, in the manner indicated above, then, when my Executor becomes satisfied of this, he shall sell the said land at such time and upon such terms, as in his judgment, shall be deemed most advantageous to my Estate and the interests of my children. After the death of my widow, the remaining third of said home place is to be disposed of in the same manner and upon the same terms, in all respects, as indicated in regard to the two-thirds above mentioned. Thirteenth-The remainder of my Real Estate, embracing the tract of land known as the Allebaugh tract, containing about 144 acres - the tract of land known as the old Van Pelt place, containing 163 acres - the Van Pelt land across the North Mountain containing 114 acres - together with all my personal property, not otherwise hereinbefore disposed of, I desire shall be sold by my Executor, as soon after my death, and on such terms, as in his judgment shall seem most conducive to the interests of my Estate. The Executor is further to have the discretion of disposing of either of the tracts of land mentioned in this clause of my will, at private or public sale, as in his judgment may seem best. Fourteenth-After the sale of my personal property, and the collection of bonds and other debts due me, I desire and so direct, that the proceeds thereof shall be applied first, to the payment of all my just debts, including the debt of $900 due my daughter, Betsy Ann, mentioned in the eighth clause of my Will - secondly to the payment of the lien of $1300 or $1400 existing on the farm of my deceased son, John Cromer - and the residue of said Personal Estate together with the proceeds of the sale of my landed Estate, before directed, shall be divided equally between all my children, share and share alike - deducting from the share of my deceased son, John, the amount charged in my book of advancements against him and the $1300 or $1400 which I have directed my Executor to pay on his farm - and deducting from the share going to the children of Samuel Cox, dec’d., the $700 overpaid him in the Guardian account before alluded to, together with the advancements charged to said Cox on my book - and deducting from the shares of my other children the amount charged against them on my book. My meaning is, that my Estate shall be divided equally among all my children-to those who are living, to be paid them in person, and to those who are dead, the share they would have been entitled to had they been living to be paid to their children, and to be equally divided among said children. Lastly, I nominate, constitute and appoint my friend, Jesse Burkholder, the Executor of this my last Will and Testament, with the fullest confidence in his honesty and capacity to carry out the delicate and important duties thus imposed on him. In testimony whereof I have hereunto subscribed my name and affixed my seal, this 28th day of May 1871. his Joseph X Cromer (Seal) mark Signed and sealed by the testator, in the presence of us, who signed the same as witnesses in the presence of the testator and of each other Wm. Williams (unreadable) Hon. M.K. Wartmann The writing purporting to be the last will and testament of Joseph Cromer dec’d, was this day presented in Court and being proven by the oaths of Wm Williams and Wartmann, two of the subscribing witnesses thereto was admitted to probate and Jesse Burkholder the Executor appointed in said will appeared in Court and declared(declined?)to to qualify as such. Teste Hon. M.K. Wartmann, C.C. File contributed for use in USGenWeb Archives by Harriet Welch hwelch@rica.net USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation.