ECKHART, ADAM - WILL - 1870, MONONGALIA COUNTY WV. ---------------------------------------------------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, 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 electronic 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, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Submitted by: Peggy Miller - Jan 10, 1998 ----------------------------------------------------------------------------- The original of this will can be found at the Court House in Morgantown, Monongalia Co., West Va. Reference Book 23, page 359. I Adam Eckhart of Union District, Monongalia County and State of West Virginia, being of disposing mind and memory do make this my will and testament as followeth - To - wit; 1st I will that all just debts and funeral expenses be paid out of my personal effects before any distribution is made thereof- 2nd I will to my WIFE SARAH ECKHART one third of the remainder of my personal Estate for and during her natural life, at her death the same to be equally divided among all MY CHILDREN. 3rd I will that my farm be rented for the term of six years, except the house and garden which I desire my WIFE SARHA ECKHART to occupy with my TWO DAUGHTERS ISABELLE AND ORPAH ECKHART so long as they remain unmarried or my WIFE lives. If my WIFE SARAH ECKHART should die before the six years expires, then my TWO DAUGHTERS ISABELE AND ORPAH are to occupy the house and garden the remainder of the six years if they are unmarried. Then I desire the farm to be sold and Two Thousand Dollars to be put on interst for the use of my wife if she should be living the interest to be paid to her semmi annually, at her death the Two Thousand Dollars to be divided among all my CHILDREN equally, the same as the remainder of the proceeds of the sale of the farm first paying to my GRANDSON LESTER ECKHART Two Hundred Dollars $200.00. Then to SAMUEL ECKHART'S CHILDREN one share. To MARY ECKHART NOW MARY BAKER one share deduting the amount of the Note they hold against me on the JACOB MILLER claim. To JOHN T. EHART one share. To MAHALIA ECKHART NOW MAHALIA CARTRITE one share. To DELIA ECKHART NOW DELIA COBUN one share. To ISABELLE ECKHART one share. To ORPAH J. ECKHART one share. To WILLAIM ECKHART one share. 4th I will to ORPAH ECKHART one cow, one set of chairs and one bedstead bed and bedding and one horse jointly between my TWO DAUGHTERS and pasture for one horse and two cows. 5th I will and desire that my SON JOHN T. ECKHART have the use and management of my farm by his keeping it in as good repair as it now is, and paying to my wife, his mother one third of all the grain raised on the farm put in the grainery, also one fourth of the proffits of the stock pastured on the farm, this for the use benefit and support of my WIFE AND TWO DAUGHTERS ISABELL AND ORPAH ECKHART. All other personal property not disposed of or mentioned in this writing to be appraised and sold and the proceeds thereof to + equally divided among all my children after all debts and expenses are paid. 6th I make constitute and appoint my SON JOHN T. ECKHART and WILLIAM S. CARTRIGHT my EXECUTORS to execute this my will and do what is necessary in setling up my Estate. Witness my signature and seal This Twenty sixth day of May in the in the presence of witnesses year 1870 L. A. SMELL ADAM ECKHART (seal) S. C. SMELL State of West Virginia __: In the Clerks office of the County of Monongalia County on the 17th day of October 1891: This day came John T. Eckhart and William S. Cartright who are named and appointed in a writing purporting to be the Last will and testament of Adam Eckhart to be the executors thereof, before me John M. Gregg, Deputy for Waitman T. Willey, clerk of the said court in the office of said clerk, and presented said writing to me for probate. And thereupon the said writing having been duly proven before me by the oaths and examination of L. A. Smell and S. C. Smell the subscribing witneses thereto, it was by me then and there ordered to be admitted to probate and to be recorded as the last will and testament of the said Adam Eckhart deceased, and the said John T. Eckhart and William S. Cartright were duly qualified and authorized to act as the executors of said will by taking the oaths in such case required by law and giving and acknowledging a proper bond in the penalty of fourteen thousand Dollars with William W. John and E. J. Evans his surities therein. Teste: John M. Gregg, Deputy for W.T. Willey, clerk A Copy: Teste: W. T. Willey, Clerk Note: William S. Cartright was married to Adam Eckhart's daughter Mahala.