Will of Owen Neele, 1828 - Monroe Co. WV Know all men by these presents, That we, Thomas Neel and Owen Neel, & John Neel, Wm H. Neel and Abner Neel We are firmly bound unto William Graham*, Samuel Clark, Michael* Alexander, Robert Walter* and Reland* Johnson* Gentleman, Justices of the Court of Monroe County, now sitting, in the sum of four thousand dollars; To the payment whereof, well and well and truly to be made to said Justices, and their successors, we bind ourselves, and each of us, and our potential heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals this 21st day of July in the year of our Lord 1828 and in the 53rd year of the Commonwealth. The Condition of the above Obligation is such, that if the above bound, Thomas Neel & Owen Neel, executors of the last will and testament of Owen Neel, deceased, do make or cause to be made, a true and perfect Inventory of all and singular, the goods, chattels and credits of the said deceased, which have or shall come into the hands, possession or knowledge of them (?), the said Thomas Neel & Owen Neel or in the hands and possessions of any other person or performs for them and the same so made do exhibit, or cause to be exhibited into the county court of Monroe as such time as they shall be required by the said court, and the same goods, chattels, and credits, and all the other goods, chattels, and credits of the said deceased which at any time shall come to the hands, possessions or knowledge of the said Thomas Neel and Owen Neel or into the hands or possession of any other person or persons for them do well and truly administer, according to law; and farther, do make just and true account of their actings and doings therein, when thereto required by said court; and also shall well and truly pay and deliver all the legacies contained and specified in the said testament, as far as the said goods, chattels and credits, will thereunto extend, and the law shall charge, then this obligation to be void and of no effect, or else to remain in full force and virtue. Signed and sealed in the presence of Thomas Neel, Owen Neel, John Neel, Wm H. Neel, Abner Neel In the name of God Amen, I Owen Neele of the county of Monroe, being now old and infirm. Yet possessing my proper mind make this my last will and testament. In manner following: First-After the payment of all my first debts, I bequeath to my wife Isabella, her living for life on the plantation or lands which I now own in the County of Monroe with full possession* at pleasure of all the buildings and improvements* allowing to my sons Owen & Abner the privileges herein after mentioned provided they do as far as in their power their duty towards their mother. I also will to my said wife should she survive me, one good horsebeast of her choice her saddle and bridle and the Cupboard now in the house with all its apparatus & two cows & four sheep, the first choice of my stock and any or all the money of mine which may be on hand at my death. Secondly, I bequeath to my daughter Isabella Neele, the second choice of my stock of horses, two milk cows, and four sheep, the second choice and one feather bed with the furniture of a like description together with t he sum of twenty five dollars to be paid by my executors in money out of my estate within twenty months after my death. Thirdly, I hereby will and bequeath and place my daughter Julia on the same footing with my daughter Isabella, with the exception that she shall be entitled to the third choice of my property. Fourthly, I bequeath to my son John Neele the sum of one hundred and twenty five dollars to be paid to him out of my estate and in money at the expiration of twenty months after my death. Fifth, I will to my son Joseph Neele the sum of twenty five dollars to be paid in the same manner at the same time that the legacy may be coming to my son John. Sixth, I will and bequeath to my son William H. Neel, Elsy Patton, wife of John Patton and to Peggy Johnson, wife of John Johnson, the sum of twenty five dollars each and to my son Thomas Neele the sum of seventy five dollars to be paid severally paid to them, their heirs and as before mentioned on or before the expiration of two years from my death. Seventh, I bequeath to Sabina Neele, daughter of my son Joseph Neele one horsebeast to be worth the sum of fifty dollars, one good common decent plain worn saddle and bridle, and one god featherbed and furniture provided she acts as she has heretofore seemed to do and continues to live and do for her grandmother during her life or until the said Sabina may intermarry*. Eighth, To my two youngest sons, Owen and Abner I will and bequeath all my lands with them and of their appurtenances to them and their heirs forever. With the excepting* condition that they, the said Owen and Abner Neele, to the best of their ability, provide well for their mother during her life, She being aided by the property herein before bequeathed to her. And that the said Owen and Abner Neele, as land partners in this bequeath, do not sell or dispose of the said landed* property for anything less than the sum of four thousand dollars; my object in this respect being that my youngest sons should live on the lands and cultivate the same together as may best answer their mutual interest and that of their mother. At the death of my wife they can sell the one to the other at such terms, as they may mutually think right. Ninth, should my sons Owen and Abner Neele act contrary the eighth part of this will and particularly by selling the lands contrary to my intention as therein prescribed or by failing as far as in their power to do right by their mother; in such case (it) is my will that the said landed* property shall be held jointly by them, the said Owen and Abner and all their, the said Owen and Abner Neele’s brothers, equal interest therein with liberty to buy and sell as named in the eighth part of this will. Tenth, all property which may be of my estate at the time of my death, I will my executors to sell as soon as possible and to the best advantages, the proceeds of the sale or sales to be applied first to the payment of any debts which I may owe and the surplus, if any, together with other *and plat* which may be owing me when collected with my equally divided between all` my children or their heirs. Lastly, I hereby appoint my three sons, John, Thomas, and Owen Neele executors of this my last will and testament by these presents* breaking* all other or former wills by me made in writings whereupon I have hereunto set my hand and seal this sixth day of June 1826. Owen Neele Singed, sealed and acknowledged as the last will of Owen Neele before us the 6th day of June, 1826 Henry Alexander James* A. Shanklin Jn. Hutchison Issac Hutchison Hugh P. Caperton* *These words were unclear and are in doubt as to the accuracy of their translation. Note: This will and testament of Owen Neel dec. was presented in County and proven by the oaths of John Hutchison and Isaac Hutchison subscribing witness thereunto and ordered to be recorded. And John Neel, one of the Executors named in said will having refused to take upon himself the bother* of the execution thereof, whereupon on the motion of Thomas &Owen Neel the other Executors named in the will aforesaid who made oath and together with John Neel, William H. Neel & Abner Neel their, discretion enter into and acknowledged bond in the penalty of four thousand dollars conditioned as the law directs. Certificate for obtaining probate thereof in due form was granted them. Submitted by W. Stephen Neel **************************************************************** USGENWEB 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. 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