Hampshire County WV Archives Wills.....Buffington, William March 13, 1784 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wv/wvfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Suzanne Bettac bettacssl@juno.com January 23, 2015, 6:23 pm Source: Hampshire County, Va Wb 1:27-30 Written: March 13, 1784 Recorded: March 25, 1784 Buffington, William Hampshire Co., VA Will Book 1: 27-28 written 13 MAR 1784; pro 23 Mar 1784 and 3-25-1784 (codicil) "In the Name of God Amen, I William Buffington, of Hampshire County in Virginia, being in perfect sense and memory, blesses be God, do make and ordain this my last will & testament as follows, Viz: First and principally I commend my soul to God that gave it & my body to the earth to be decently interred at the discretion of my Executor hereinafter named & as for what worldly estate it hath pleased God to bestow on me, I give, devise, and dispose of the same as follows, Viz: Imprimis, I give and bequeath all my lands on the Ohio River, which I purchased from Capt. John Savage & for which I have his bond to convey to me my heirs and assigns, to my sons Thomas Buffington and William Buffington in trust for the uses and purposes following, to-wit: Four thousand acres thereof to be equally divided according to quantity and quality among my five sons, Thomas, William, Joel, David and Jonathan & their heirs and the other thousand acres to be divided as aforesaid between my daughters Ruth Collins and Susannah Sullivan & their heirs, - the whole to be conveyed by the said John Savage or whoever the legal title shall be vested in, to my said sons Thomas and William in trust for the uses and purposes hereby declared who after the same shall be laid off and divided as aforesaid are to have their first choice in courses as they are herein named & hold their respective parts or lots to themselves, their heirs, assigns, forever in fee simple. And then my other three sons aforesaid, to wit: Joel David and Jonathan to chuse & take their parcels to lots in course as they are also herein named to be conveyed to them & their respective Heirs and assigns forever in fee simple by my Trustees or the survivor of them. And then my two daughters aforesaid to chuse by lot & their respective parcels to be conveyed to them & their respective heirs & assigns, forever, in fee simple, which several conveyances I hereby order & direct my said trustees to make in full form and force & validity according to law. Item. I give and bequeath to my son, Joel, my Glade tract of Two hundred acres of land on the Allegheny Mountain to him, his heirs & assigns forever in fee simple. Item. I give and bequeath to my son Richard, when he shall arrive at lawful age my tract of land & plantation on the South Branch of the Potowmack the place of my present abode containing four hundred and thirteen acres ( except my wife's thirds during her natural life) to be holden and enjoyed of him my said son Richard, his heirs, & assigns forever in fee simple. Item I give and bequeath to my daughter, Mary & to her heirs and assigns forever the Four hundred acres of land on the Ohio which I purchased from Bryan Bruin to be conveyed by the said Bryan Bruin to her & her heirs and assigns forever in fee simple. In case I should not have heretofore given the same to William Sullivan and in that case I give and bequeath to my said daughter, Mary, my tract of One Hundred & eighty six acres on Abrahan;s Creek to be holden & enjoyed of my said daughter, Mary, her heirs & assigns forever in fee simple. And in case I should not have given the land before mentioned to William Sullivan so that my first bequest to my said daughter Mary stand I give and bequeath the said tract on Abrahm's Creek to my son Richard, his heirs and assigns forever in fee simple. Item. I give and bequeath to my beloved wife, Mary, her full third part of my tract of land aforesaid on the south Branch of Potowmacki with the appurtenances during her natural life & the other two thirds thereof to her my said wife till my said son Richard arrives at lawful age for the support of my two young children Richard and Mary & for clearing the land on Abrahm's Creek from quit- rents, taxes, or other incumbrances. Item. It is my will & desire that if my said daughter Mary die before she arives to lawful age and without lawful heir that the land hereby given her be the property of my son Richard, his heirs, & assigns forever, which in that case I do hereby give and bequeath to him & them in fee simple accordingly. And in case my said son, Richard, should die before his arrival to lawful age without issue, it is my will and desire & I do hereby order & direct that all the land hereby given & devised to him be sold by my Executor & the money arising thereby equally divided among all children before named or the survivors of them & their legal representatives, respectively, hereby giving full power & authority to my said Executors to convey the said land so to be sold to the purchaser or purchasers in fee simple. Item. It is my will and desire that after the orphans of Christopher Smith be paid off, all my personal estate be the property of my said wife, Mary, & not be appraised, she paying and delivering to my said son Richard & my daughter, Mary, Twenty pounds each in any stock or other moveable estate that may suit both parties when they respectively arive to lawful age or day of marriage. And Lastly, I nominate and appoint my beloved wife, aforesaid & my two sons, Thomas and William, Executors of this my last will & testament, hereby revoking & utterly disannuling all former wills, testaments & bequests by me heretofore in any wise named, willed and bequeathed. IN WITNESS whereof, I have hereunto set my hand & seal this thirteenth day of March in the year of our Lord one thousand seven hundred and eighty four. Signed, sealed, published, pronounced & declared by the testator as his last will Wm. Buffington (seal) & testament in the presence of Samuel Dew Joseph Hall his Willm. X Carder Mark Upon further consideration since the making and signing, & sealing the the preceding will, I have thought necessary & fir to annex this codicil, which I hereby desire & order. Shall be taken as part of this my Will, Viz:- It is my will and desire & I do hereby so order and direct that all the lands and appertances heretofore & by my said will devised or in consequence of any divise herein my descend to my two sons William and Richard, respectively & their heirs & assigns to be equally divided between them my said sons, William and Richard & their respective heirs to be holden & enjoyed of them their heirs, & assigns forever & that division be according to quantity & quality that my wife afore & in the said will named have & enjoy my said son, Richard's part thereof till he shall arrive to the age of twenty one years or day of marriage & if she should so long live, them to have her full third part of the whole out of both parts equally during the remainder of her natural life & that my said wife & my said son William have the use of my two stills in common till my son Richard arrives to the age aforesaid and each party bearing an equal share of mending & keeping them in repair & then to become the property of my two sons William and Richard each to have one to be valued & them to become the property of my two sons William & Richard each to have one to be valued & which ever takes the largest to pay the other half the difference so that each one's part of the same be made equal & that if either the said William or Richard die before they respectively arrive to lawful age & without issue lawful, I give & bequeath their respective parts of the tract of land on the South Branch to the survivor & his heirs & assigns forever. Item. It is my will and desire that instead of the manner, I have heretofore disposed of my personal estate, my wife aforesaid have her full third part thereof at the appraisement immediately after my death & that out of the residue my two sons, David and William be paid twenty pounds each in like manner & that Forty pounds thereof according to such appraisement [Page 30] be alloted to my two children Richard & Mary to be sold by my Executors to the highest bidder to kept by my said wife as she may chuse for their maintenance & the value in stock, goods, or money paid them by an equal division or share when they respectively arrive of lawful age or day of marriage & if any overplus remain that my two sons Thomas & William be paid fifteen pounds each for their trouble & expense in obtaining the conveyances from John Savage or others for the lands aforesaid & trouble in getting the same divided & if the same be not sufficient that each of my other children to whom I have devised a part of the same, pay them a proportionable part thereof according to their respective quantities of land so to be obtained and conveyed. Item. I tis my will that if either my said sons William or Richard die before their respective arrival to lawful age & without lawful issue that the land on the Ohio River to be divided equally between them, be sold by my Executors or divided equally among all my surviving children & their respective heirs as a majority of them shall agree & direct to be holden & enjoyed in the same manner as the other lands by this will devised to them and if sold conveyed by my Executors or the survivors of them & the money arising from such sales to be equally divided among all my surviving children & their legal representatives. An_ Lastly, I hereby disannual every part of my aforesaid will which shall seem to to be contrary to the true intent & meaning of this codicil. In WITNESS whereof, I have hereunto set my hand & seal this twenty - fifth day of March, in the year of Our Lord one thousand seven hundred & eighty -four. Signed, sealed, published, pronounced, & declared as a codicil to the preceding William Bufffington (seal) will in the presence of Samuel Dew Joseph Hall Christian Andrews At a Court held for Hampshire County the 10th day of August, 1784, upon having as well Joel Buffington, son and heir at law of William. Additional Comments: All spelling is true to the original document. File at: http://files.usgwarchives.net/wv/hampshire/wills/buffingt12gwl.txt This file has been created by a form at http://www.genrecords.org/wvfiles/ File size: 10.5 Kb