Jacob Funkhouser Will, Shenandoah Co., VA ------------------------------------------------------------ File contributed for use in USGenWeb Archives by Jane Hunter Hodgson hodgson@azstarnet.com 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 AND permission is obtained from the CONTRIBUTOR of the file. These electronic pages cannot be reproduced in any format for profit or other presentation. __________________________________________________________________ SHENANDOAH COUNTY VIRGINIA, WILL BOOK NO. 5 FOLIO 482 E-482 JACOB FUNKHOUSER'S WILL (Age 52) Believing that the many descendants of JACOB and DOROTHY (HOTTEL) FUNKHOUSER will appreciate it, we herewith reproduce in full the last will and testament of Jacob Funkhouser, admitted to probate in court of Shenandoah Co., Va., at Woodstock, Jan. 11, 1802. The document is exceedingly interesting, showing the religious frame of mind and the painstaking care of the testator to have everything done carefully and justly. It is as follows: Jacob Funkhousers Will Jany 1802 Recorded Will Book No. 5 Folio 482 E-482 In the name of God, Amen: I, JACOB FUNKHOUSER of Shenandoah County, State of Virginia, yeoman, being in low state of health, but of perfect mind and memory, for which thanks be given to God, do make and ordain this my last Will and Testament in manner following: I recommend my soul into the hands of Almighty God, that gave it, and my body I recommend to the earth to be buried in a decent Christian burial at the discretion of my executors; and as touching such worldly estate wherewith it has pleased God to bless me in this life, I give, devise and dispose of the same in the following manner and form: First, I give and bequeath unto DOROTHA my dearly beloved wife, the place, land and plantation whereon I now live, during her natural life, and a full third part of all movable estate whatsoever after being appraised, and that she shall keep all my children that are yet under age and raise them until they become of full age, and the said children shall be obedient and shall in the fear of the Lord obey her and assist her as their duty requires. But if my said wife shall marry again then she is to have the third part of my land and plantation to live on, or have the third of the produce thereof as long as she lives, and what children are then under age, to do with them as shall seem best to the satisfaction of the executors and good friends; and if my said wife remains in a widowhood state and should get infirm or incapable of assisting and providing for the living as aforesaid; on said place, then it is my will that she shall have a sufficient maintenance from her children out of my estate. Second, That to my oldest son, GEORGE, I give him the sorrel horse as he now claims as his own, to have free besides his equal portion of my estate. Third, To my eldest daughter, MARY, I likewise give in the same manner a bed and bedding, furniture and a cow, to have free besides her equal portion. Fourth, The remainder of my movable estate is to be appraised (after my wife's third is deducted), each of my children to have an equal share thereof, and no vendue or public sale to be made, but if it should become necessary that any of the estate should be sold it should be sold at private sale. The names of my children are: GEORGE, DAVID, MARY, JACOB, ABRAHAM, JOEL, DOROTHA, DANIEL and JOHN, and the land and plantation whereon I now live shall be divided as to make four places, and the land in Rockingham Co. be divided, if it be judged convenient, into two places. And said land and plantation shall be appraised in a reasonable valuation, not too high. And these of my children that get land shall give or be made so that each of my children shall have an equal part of the valuation, in like manner as in the movable estate, as aforesaid. And as for the land, my eldest son GEORGE, is to have first choice of the land, and the next oldest of my sons, the next choice, that is of each of them as will take land. So that such as get no land to have an equal share of the same. Further, and if it be so that any of the children die before they come to their free age or die without bodily heirs, then such ones share or portion shall be an equal share among the rest yet living. And there shall be no objection or hindrance on the part of my said wife if any of my sons shall want to live on said lands as aforesaid divided and appraised, and take the same for his dividend, she with her consent shall allow it, provided it be no incumbrance to the same. And further, That if the children shall come to their full age, they shall have their equal part of their movables, and likewise their portion of the valuation of the lands if they shall have need therof, either in part or the whole of such as get or have lands, that is if they can do it without injuring themselves, otherwise to pay them off in reasonable terms of payment. And further that after the death of my wife whatever there be left of her estate bequeathed to her should be equally divided among the rest of my children and their heirs. And the lands bequeathed as aforesaid, be to them, their heirs and assigns, forever. It is to be understood that the lands bequeathed as aforesaid, are to my sons. I likewise constitute, make my son GEORGE and Micheal Growes, Sr., the sole executors of this my last will and testament. And I disallow and revoke all former testaments, wills, legacies, &, ratifying and confirming this to be my last Will and Testament. In witness whereof I have hereunto set my hand and seal this 26th day of Sept. in the year of our Lord, 1801. Jacob Funkhouser (Seal) Signed, sealed, published and pronounced and declared by the said Jacob Funkhouser in the presence of us: Frances Neff James Rhinehart Hubert Winegarner. At a Court held for the County of Shenandoah on Monday the 11th day of January 1802 This Last Will and testament of Jacob Funkhouser decd exhibited into Court by the executors therein named and proved by the oaths of Francis Neff, Jonas Rinehart and Herbert Winegardner the witnesses thereto and ordered to be recorded And on motion of George Funkhouser and Michael Crouse Sw the executors therein named having made affirmation and given bond and Security according to Law at Probate thereof in due form is granted A Copy Test P Williams __________________________________________________________________ Jane Hunter Hodgson Tucson, Arizona hodgson@azstarnet.com