Will of James McCallister - Cabell Co., Va. ******************************************************************** USGENWEB NOTICE: Material 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 pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor. Copyright 1998 Candie Freeman . Candie Freeman has submitted this file for use in the WVGenWeb project. It may be freely copied, but may not be sold. ******************************************************************* Will of James McCallister - Cabell County, Va. Written - August 8, 1854, Probate - January 28, 1856 Book 2, Page 236 - Cabell County, WV Courthouse In the name of God Amen. I James McCallister of the county of Cabell & State of Virginia being of sound mind and memory and considering the uncertanty of this frail and transitory life do therefore make ordain Publish and declare this to be my last will and testament. That is to Say first after all my lawful debts are paid and discharged the residue of my estate real and personal I give bequeeth and dispose of as follows towit To my son Malcom McCallister a certain tract or parcel of land on which he now resides being part of a lot of land known in a former division as lot No three Begining on the line between the heirs of Thomas E. Hanly and myself at a branch known as Cad H. Chapmans Spring Branch and with the meanders of the same where it emties into the indian fork thence runing up said Indian fork with the meanders thereof above the house where the said Malcom now resides near a small drain to where a black gum and hickory once stood on the South side of said branch made as a corner by myself thence on a straight of a Survey of fifty acres made for myself and the said oak marked by myself thence including all the east boundry of the said fifty acres also all the east boundry of the said lot number three to the lines of Calvery McCallister and the heirs of Thomas E. Hanly decd to the place of Begining Also a negro man now owned by me known by the name of John to the said Malcom & his heirs I give bequeath and devise the above named property forever at my decease I give bequeath and devise all the rest residue and remainder of my real and personal estate after my Lawful debts are all paid and of the same to my daughter Olivia McCallister now living with me to use as she may think best during her natural lifetime and at her death to be equally devided between the heirs of her body or their survivors each to share and share alike this I give to the said Olivia at my decease I likewise make constitute and appoint my said daughter Olivia to be my Executrix of this my last Will and testament hereby revoking all former wills by me maid In witness whereof I have hereunto subscribed my name and affixed my seal the Eighth day of August in the year of our Lord one thousand Eight Hundred fifty four James McCallister (seal) The above writen instrument was subscribed by the said James McCallister in our presents and acknowledged him to each of us and he the same time published and declared the above instrument so subscribed to be his last will and testament and so at the testators request and in his presents have signed our names as witnesses hereto and written opposit our names our respective places of residence John C. Hensen Putnam Co Va James Duke Putnam Co. Va Henry Roberts Cabell Co Va Virginia Cabell County Court January 28th 1856 The foregoing last will & testament of James McCallister Decd was this day presented in court & proved by the oaths of James Duke & Henry Roberts two of the subscribing witnesses thereto which is ordered to be recorded Teste John Samuels CKCC