Wills: Zachariah Callaway, 1815: Monroe County, WV Contributed for use in USGenWeb Archives by R.L. Thompson ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** This will copied as written. Mentioned are his wife, Ellender/Ellenor [both spellings are used]. His sons, Andrew, Joshua, James & Charles and his daughters, Peggy, Nancy, Patty, Polly, Sally, Priscilla and Betsy. Others mentioned are Jacob Peck, William Vawter, Edwin H Wade [witnesses] and Isaac Hutchison [court clerk.] Will of Zachariah Callaway Monroe Counry, Virginia, Will-Book 1A, pages 365-366 Dated 07 MAR 1815 Probated 19 NOV 1816 I Zachariah Callaway of Monroe County and State of Virginia do hereby make this my Last Will and Testament in manner & form following. That is to say---- 1st I desire that all the perishable part of my Estate be immediatly sold after my decease and out of the Moneys arising therefrom all my just debts and funeral charges be paid---- 2dly After the payment of my Debts and funeral expenses I give to my wife Ellender one third part of my Estate both real and personal for and during the term of her natural life, and after her death I give the same to my children hereinafter mentioned (her part of my land whereon I now live excepted) equally to be divided amongst them (my son Andrew Excepted) and to be enjoyed by them forever 3dly I give to my son Andrew the tract of land or plantation whereon I now live in said County of Monroe Containing two hundred acres to him and his heirs forever, also my Wife Ellenor's third part of the same as her decease to him and his heirs forever 4thly I desire that my land on the north side of Peters mountain in said County & joining the land of Jacob Peck be sold and the moneys arising therefrom as also all the moneys arising from the sales of all my other personal property -- hay -- horses -- cattle -- sheep -- hogs etc -- Together with all my household and family utencils & tools of every kind Also my wife third part of my perishable property---after her decease all said moneys to be equally divided among my other children towit--- Peggy, Nancy, Patty, Polly, Sally, Joshua, James, Priscilla, Betsy & Charles 5thly All the rest of my estate both real and personal of what nature or kind so ever that may be not herein before particularly disposed of--I desire may be sold and the money equally divided among my several children herein before mentioned which I give to them their heirs executors administrators and assigns forever (Andrew Excepted) 6thly and lastly I do hereby constitute and appoint my sons James Callaway and Andrew Callaway Executors of this my last will and Testament hereby revoking all other wills or testaments by me heretofor made--- In witness whereof I have hereunto set my hand and affixed my seal this 7th day of March 1815 his Zachariah [X] Callaway [seal] mark Signed sealed published and ) declared as for the last will ) & Testament of the above named ) Zachariah Callaway in presence ) of us-------------------------- ) [signed by] Jacob Peck Edwin H Wade Wm. Vawter At a court held for the County of Monroe the 19th day of Nov, 1816 This last will and Testament of Zachariah Callaway dec'd was presented in court and proven by the oaths of Jacob Peck & William Vawter two of the subscribing witnesses thereto and is ordered to be recorded. A copy Teste I. Hutchison