Will of Joseph Mushberger, 1801, Greenbrier County (West) Virginia This Will of Joseph Mushberger was submitted by Gwendolyn Hardesty Oliver, seeker@netwalk.com This file may be freely copied by individuals and non-profit organizations for their private use. All other rights reserved. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. This file is part of the WVGenWeb Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/wv/wvfiles.htm Will of Joseph Mushberger Greenbrier County VA Will Book 1, page 156 In the name of God I John Mushberger of the county of Greenbrier being weak and sick of Body but sound mind and memory and calling to mind that it is appointed for all men to die Do make this my last will and Testament in manner and form following, Viz: Bequeath my body to the Earth to be buried in a Christian manner at the discretion of my Executors herein after to be named nothing doubting to receive as again the general Resurection through the Almighty Power of God and my soul unto God humbly offering for pardon and Acceptance through and for the (merits) of Christ my savior and as touching what worldly Estate it hath pleased God to bless me with I give and bequeath the same in the following manner Impremus I give and bequeath unto my Son Christopher the lands whereon I live being two hundred and seventy eight Acres as expressed in three grants thereof one containing on hundred and seventy eight Acres one sixty seven acres and the other thirty three acres together with the grist mill all other appurtenances hereunto belonging to him and his heirs forever and also whatever stock of Horses Cattle Sheep and Hoggs which may to me belong upon Condition and it is my will and desire that out of the profits and increase thereof that he provides and give to my dearly beloved Wife Catharine a good and Sufficient maintenance during her life and also in like manner apoint her in maintaining and (schooling) my younger children to wit (Peter, Nancy, Lissey, and Katey) and that when each of them shall attain the age of twenty one years that then he give to them a good Cow and Calf and if my Sons Daniel and Samuel remain with their mother and him my will is that he have them (educated) and then put to some good traids and if my wife shall not choose to live in this house with my said Son Christopher my will is that a good house be built by him at some Convenient part of the plantation for her use and that he continue to find her a proper maintanance as afore said Item I bequeath unto my said wife all my household furniture of what kind soever to be by her disposed of according to her descretion Item I give and bequeath unto my son Jacob the tract of land lying on (Calbersons Creek) purchased of W H. Cavendish he paying what may be yet due for the same to the said Cavendish to him his heirs forever and it is my farther will and desire that my Son Christopher if so much (coin) be raised by the Sale of any Cattle which can Be spared that he assist my said Son Jacob in paying what may be yet due to the said Cavendish and that the Said Jacob repay to the said Christopher whatever money he may so recieve at such times as my younger Children come to the age of twenty one years Item whereas I have a tract of land lying _____ _______ _______ containing one hundred and twenty five acres my will is that my Son John may have the same on the following condition that the same being valued by my Executors or any two persons by them appointed if he chooses to accept thereof at the said Valuation on paying and equal share of such Valuation to each and every of my children so soon as they shall respectively each attain the age of twenty one years and if my said son John shall not choose to accept thereof on the terms aforesaid then in that case I will that my Executors do sell the same and divide the price thereof amongst all my children share and share alike. Item I give and bequeath unto my Daughter Barbara a good cow and calf to be paid unto her by my Son Christopher at her marriage or sooner if she requires it Lastly I hereby constitute and appoint Henry Wolf and Frederick Wolfenberger my executors of this my will and Testament hereby revoking and (dissanulling) any will heretofore by me made and whereas in the former part of this will that directed that my son Christopher should pay any Specific legacies now upon further Reflection instead of those Legacies aforesaid my will is that he _____ _____ and my Daughters Barbara, Lizey, Nancy, Katey, the sum of Ten Pounds each soon as they shall attain the age of Twenty one years provided that my wife be deceased otherwise the payment thereof to be defered til that period and Provided that nothing contained in this last disposition of parts of my Estate shall in any wise affect the disposition heretofore made in form of my wife my Sons Jacob and John which are to remain as before In witness whereof I have here unto set my hand and Seal this 29th January 1801. Signed Sealed and Acknowledged as and for his last will and Testament in presence of us his his John X MushBarger (seal) Theo X Blake mark mark W H. Cavendish Greenbrier June Court 1801 The last will and Testament of John Mushbarger Deceased was Presented in Court and proven by the Oaths W H. Cavendish Theophilus Blake witness thereto & ordered to record & Henry Wolff_ Frederick Wolfenbarger Executors therein mentioned was duly Sworn and with Christian _____ their (Securities) entered into bond in the penalty of L500 with condition as the Law Directs _ _ ___ John Stuart