Monongalia - Preston Counties WV Archives Wills.....Aquila Martin 1886 ************************************************ 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: Kathleen Martin Brown September 2008 Source: Monongalia County Will Book 4, p.2, 1/31/1881, Codicil 1886 Written: 1/31/1881 Recorded: 2/26/1886 Aquila Martin's Will I, Aquila Martin of the County of Monongalia State of West Virginia, do hereby make my last will and testament ss: First. I will and bequeath that my funeral expenses, and just debts shall be paid, from money arising from the sale of my personal property, in the Counties of Monongalia and Taylor, and money that I may have on hand or deposit. I then direct that my Executor hereafter named, shall (if there remains in his hands a sufficient surplus) Apply Fifty Dollars of said surplus, to the purchase of monuments and the erection of the same at the graves of my deceased children, whose names are as follows. Sophia H., Luther, Eliza J. Sansorn, and Julia H. and the balance to be equally divided between John A. F. Martin and my two daughters Sophia and Emaline or their legal representatives. As to my farm in the County of Taylor and State aforesaid, it being the same that I purchased of John Wiseman: said farm situate about two miles North of Pruntytown, on branches of Lost Run, in said County and State. Second. I will bequeath and devise my said farm, as follows: that is to say, to my son John A. F. Martin and his heirs. I devise one hundred and forty three (143) Acres, being part of my said farm and all my wearing apparel or clothing and rifle gun. Third. I bequeath and devise to my daughter, Mrs. Emaline Breakiron Ninety-four (94) Acres part of my said farm and my Lot in the Town of Fetterman County of Taylor and State aforesaid, and at her decease to go to her children. Fourth. I bequeath and devise to my daughter Sophia A. or her children, two hundred Acres of Land in the County of Calhoun and State aforesaid. And my son John A. F. Martin is to make to my said daughter or her children a good and sufficient Deed for said Two Hundred Acres; (for his so doing I have compensated him by a part of my devise to him.) Fifth. My daughter Alcinda having departed this life and also all her lineal off-spring (or children) I therefore make no bequeath or devise to, or for her. And further I constitute and appoint my son John A. F. Martin my Executor, with such power and authority as may be necessary or required, to carry into effect the provisions herein aforesaid, and no bond to be required of him. And I hereby revoke all other, and former Wills and testaments by me heretofore made. In witness whereof I have signed and sealed and published and declared this instrument as my will at John Haris near Granville in the County of Monongalia and State aforesaid on this 31st day of January 1881. Aquila Martin (Seal) The said Aquila Martin at John Haris on said 31st day of January 1881 signed and sealed this instrument and published and declared the same as and for his last will. And we at his request, and in his presence, and in the presence of each other, have hereto written our names as subscribing witnesses. Robinson Hare S. W. Hare I hereby make the following Codicil to may foregoing will- No part of my personal Estate, to go to my daughter Sophia (deceased) nor her children: but my said personal estate shall be equally divided between my Son John A. F. Martin and my daughter Emaline Breakiron after reasonable charges and costs for collection and erection of monuments aforesaid. I give to my daughter Emaline Breakiron my bed and bedding; and to my Grandson David Breakiron my over-coat, one dress coat one fur and one Panama hat and one pair boots. The division of my farm aforesaid; the line shall commence near the County Road, on the east side of said farm and run so as to include the Cool spring (if desired) then north to a stake, thence westerly to the Reynold or Armstrong land parallel with the lines of the South side of my said farm, so as to include the nine-four Acres, and in consideration of the buildings being on my son John's part, he shall pay Emaline One Hundred Dollars on or before the expiration of one year after my decease. Witness my hand and seal, this 23th day of January 1886- Aquila Martin (Seal) Witnesses Robinson Hare S.W. Hare State of West Virginia ss: In the Clerks office of the County Court of Monongalia County on the 26 day of February 1886: This day, a paper writing, purporting to be the last will and testament of Aquila Martin deceased, and codicil thereto were produced to me Waitmen T. Willey, clerk of the County Court of Monongalia County, in the Clerks office of said County, and were duly proved before me by the oaths of and examination of Robinson Hare and S. W. Hare, the subscribing witnesses thereto, to have been executed, acknowledged, and attested in manner and form according to law so as to make a valid will, whereupon, It was by me then and there ordered, that said writing be admitted to probate, and recorded as the last will and testament of the said Aquila Martin deceased. And thereupon came John A. F. Martin, who is named and appointed in said will to be executor thereof: and on his motion, It was by me then ordered, that he, the said John A. F. Martin, be authorized to qualify as such executor, by his giving and acknowledging a proper bond in the penalty of One Thousand Dollars, with good and sufficient security therein, and taking the oaths prescribed by law. Whereupon the said John A. F. Martin with Robinson Hare who justified on oath as to his sufficiency, his surety, gave and acknowledged a bond as such executor, in the penalty of One Thousand Dollars, with conditions according to law, and took the oaths prescribed by law. And a certificate was granted to the said John A. F. Martin to obtain letters testamentary on the last will and testament of the said Aquila Martin. Teste: W. T. Willey- Clerk- A Copy, Teste: W. T. Willey-Clerk Additional Comments: Aquila Martin,b.1798 Charles Co. MD, was the son of Allen Martin, d. 1817, Monongalia Co.,WV and Athelia Maddox b.1771 Charles Co.MD. He came to Preston Co. WV as a child around 1800. His parents ran the celebrated Reeder Tavern 1806-09 (Wiley, S.T., History of Preston Co. WV, 1914). He married Mary Byrne Fairfax in 1798, the daughter of Col. John Faixfax (b.Charles Co.MD 12/10/1762- d.1843 Preston Co.WV) and had 3 children. Later he married Hulda Miles and had 4 more children.