Will of Benjamin Whitmer, 1843-1906, (Rockingham County, Virginia) ************************************************************************ 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. ************************************************************************ Contributed by Jowhitmer@aol.com *********************************************************************** Will of Benjamin Whitmer, 1843-1906, (Rockingham County, Virginia) I Benjamin Whitmer of the county of Rockingham Va. being of sound and disposing mind, do make and declare this to be my last will and testament, here by revoking all former wills by me, at any time whatsoever made. First. I direct that all my debts and funeral expenses shall be paid. Second. I give and devise that my two daughters Annie B. and Mary V. shall have the Click lot of land containing 6 1/4 acres with all improvements thereon. I further direct that my daughters Annie B. and Mary V. shall have half the barn half the barn yard and half the corn crib, the other half of barn and crib belongs to my son David W. by contract, which I direct he shall have, together with half the barn yard, and right to road leading to entrance to get in said barn, and room sufficient for all purposes for which it was intended. I further direct that my two said daughters shall have equal right together with my son David W. to said barn and crib, also to the cistern at said barn and a way to pass to and from said conveniences at pleasure. Third. I give and devise that my son David W. have eight acres of land off of the land known as the D. L. Martz land, adjoining Berlin Spitzers lot and the Public road the said eight acres to be layed off as near in a square as convenient. Fourth. After all the above bequests have been satisfied. I direct that the balance of my real estate together with my personal property shall be divided equal between my four children namely,. David W., Samual F., Annie B., and Mary V. Whitmer, by division not by sale, the division to be made by three of my most discreet neighbors. Fifth. I name and appoint my two (2) children David W. and Annie B. Whitmer executors of this my last will and testament. Witness my hand and seal, this 8th day of February 1906. Benjamin (his mark) Whitmer seal Signed, published and declared, as and for his last will and testament, by the testator Benjamin Whitmer, he in our presence and we in his presence and in the presence of each other, have hereunto set our hands as attesting witnesses, this 8th of Feb. 1906. A.M. Spitzer H.F. Phillips In the Circuit Court of Rockingham Co. May 26, 1906. A writing purporting to be the last will and testament of Benjamin Whitmer dec'd, was this day presented in the Clerks Office of the Circuit Court of Rockingham County, and being proven by the oaths of A.M. Spitzer and H.F. Phillips, the subscribing witnesses there to, is ordered to be recorded, thereupon David W. Whitmer and Annie B. Whitmer the executor and executrix named in said will appeared in the Clerks office of said Court and together with Frank S. Whitmer and Mary V. Whitmer, their sureties, who justified as to their sufficiency, interred into and acknowledged a bond in the penalty of ten thousand dollars conditioned according to law, thereupon the said David W. Whitmer and Mary V. Whitmer, having taken the oath prescribed by law, certificate is granted them for obtaining a probate of said will in due form. Attester, D.H. Lee Martz, Clerk