Will of Andrew Beirne, 1845 - Monroe Co. WV

I Andrew Beirne of the County of Monroe and the State of Virginia do make,
ordain and constitute this my last will and testament in manner and form
following that is to say. 
1st I direct my executors hereafter named to pay any just debts. 

2nd I give and bequeath my property real and personal as follows, to wit:
three thousand dollars to my brothers, Oliver Beirne, and George P. Beirne,
two hundred dollars per annum to my nephew George P. Flanagan during his
natural life. One hundred dollars to the heirs of Samuel Black formerly a
resident of Monroe and whose plantation adjoined those of James Handly
deceased.
 
The balance of my property real and personal to be divided equally among my
children subject to the following provisions and conditions that is to say
that my son Andrew Beirne Jr is to have a life interest only in his portion
of my real and personal estate and that after his death to be equally
divided among his children and their descendants. 

All and every the property given to my daughter Mary Steenbergen is for the
exclusive use of her and her children free from the debts and control of
her husband and to secure the same to them unimpaired enjoyment. I hereby
give the same in trust to my sons George Beirne and Oliver Beirne Junior
with full authority to apply the property as to them shall seem best for
their exclusive benefit during the life of the said children. 

I also give to my other three daughters Susan Patton, Nancy McFarland and
Elen Beirne their portion of my estate as above stated with the
understanding that they and each of them enjoy the revenue arising from
said portion during their natural lives and thereafter to be equally
divided among their children. It is my will that the amount received by
each of my children either before or after their marriage in the shape of
an outfit may be changed by them in the adjustment of my estate as directed
in the foregoing part of my will. 

I hereby constitute and appoint George P. Beirne and O. Beirne for my
executors giving to each of them their equal portion of my estate. I desire
that they may not be required to give security for the administration of my
estate having the most implicit confidence in their integrity but in case
of the death of either or both, their successor or successors shall be
required. I hereby authorize and desire my said executors to select
competent persons in the several states where my property lays both real
and personal to value the same and after such valuation to distribute among
the seven legatees last named to suit the residence and convenience of each
of the named legatees as far as practicable and from such distribution
there is to be. Any appeal or complaint in law from either of the named
legatees will suffer a penalty of forfeiture of their interest in my
estate. In testimony whereof I have hereunto put my name and affixed my
seal this 9th day of January 1845.
Andrew Beirne (Seal) 

At Monroe County Court 1845
A writing purporting to be the last will and testament of Andrew Beirne Sr.
deceased was produced in court by George P. Beirne, one of the executors
therein named and there being no subscribing witness, Allen T. Caperton and
Addison Dunlap were sworn and severally deposed that they are well
acquaninted with the testators handwriting and verily believe the said
writing and the name thereto subscribed to be wholly written by the
testators own hand. Whereupon the said writing is ordered to be recorded as
the true last will and testament of the said Andrew Beirne deceased, and on
the motion of George P. Beirne, one of the executors therein named who made
oath entered and acknowledged a bond in the penalty of eight hundred
thousand dollars, conditioned as the law directs the said testator in his
will desiring that his executors should not be required to give security,
certificate is granted him for obtaining a probate of the said will in due
from: liberty being reserved to the other executor named in the said will
to join in the probate when he shall think fit.
George H. Hutchinson, 

At Monroe County Court 1845
Oliver Beirne Jr one of the executors of the last will and testament of
Andrew Beirne Sr.who was permitted to join in the probate thereof this day
personally appeared in court and made oath as executor aforesaid and
entered into and acknowledged bond in the penalty of $800,000.00
conditioned as the law directs.
Geo. H. Hutchinson

Submitted by burns@asu.edu

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