Will of Thomas Walker Monroe County, West Virginia 
Will Book 6 page 76- 81

I, Thomas Walker of the County of Monroe and State of Virginia, 
being of sound mind and perfect memory, though in infirm health 
taking into consideration the certainty of death and the many 
inconveniences that would result to my family from my dying 
intestate, do hereby make and publish this instrument of writing 
as my true last will and testament hereby revoking and annulling 
all former instruments of the like kind, which I may at any time 
have executed.

1st   I desire that my body, after death may be decently buried 
according to the custom of the Christian community in which I 
reside.

2nd  I desire that all my just debts & funeral expenses be paid 
out of my estate as soon as they can conveniently be discharged.

3rd I give and bequeath unto my beloved wife Eleanor Walker, for 
and during her natural life the following slaves. Viz. Frank, 
Fielding and Peggy: also I give to her all my house hold and 
Kitchen furniture except such as is held and claimed by my 
daughter Polly. Also all my farming utensils of every 
description, and two of my horses to be selected by her, 
and all my cattle & hogs that may be on the premises at my 
death: and all my sheep, except Ten, which will be hereafter 
disposed of, also as much grain and other necessaries raised 
on the farm, as may be required for the support of herself  & 
family, and such of her children, and grand children, as 
remain with her, until more can be raised on the farm. 
I further devise to my said wife Eleanor, to be held by her 
during her natural life, one half of the plantation on which 
I now reside (to include my dwelling house), and also the use 
of my farm in Mercer County know as the "Round Bottom"

4th  I devise to my son, Thomas Walker of the County of 
Tazewell, the following parcels of land, to be held by him for 
and during his natural life, Viz., one piece of ten acres, one 
of twenty seven acres, and one of fifty acres all adjoining a 
tract of 439 acres lying on the Clear Fork of Wolf Creek, 
heretofore deeded to him by myself  & wife and after his death, 
I desire that the said three parcels of land to be held and 
enjoyed by his widow (if he should leave one) during her 
widow hood, and if she should marry or die, then the said 
lands to be equally divided among such of his children as 
may be living, and the representative of such as may be dead: 
they taking such portion as their parent would have taken if 
living. The three pieces of land herein devised to my said son 
Thomas together with what I have heretofore given him by way 
of advancement, and what I am now bound to pay out on his 
account. I consider as making him more than equal with my 
other children.

5th  I bequeath and devise to my Executors herein after named 
the reversion in the tract of land lying in Mercer County & 
known as the Round Bottom, which I have in the 3rd clause of 
my will left to my wife during her life...also two tracts of 
land lying in the County of Monroe, containing 280 acres, also 
a late survey of fifty acres adjoining the Stokely place, all 
of which are contiguous tracts and known as "Bobs Pond".  I 
also bequeath to my said Executors one Negro girl name Peggy, 
aged about sixteen years, one other girl named Hannah, about 
12 years of age, and a third girl named Charlotte, about five 
years of age and their future increase. All the devises and 
bequests in this 5th clause of my will are intended and made 
to y said Executors, in Trust, for the sole & separate use of 
my Daughter Elizabeth Pomeroy, wife of James Pomeroy, free 
from all control of the said James, and all liability for 
his debts and contracts.  The said lands are to be held by 
may said Executors and the rents and profits of them so 
applied toward the support and maintenance of my said 
Daughter Elizabeth, as best to promote her comfort; and 
if at any time, it should become advisable to sell the 
whole, or any portion of the said lands, my Executors are 
hereby empowered to do so. Provided the purchase money is 
amply secured, and held subject to the same trusts and for 
the same purposes, as are herein before declared in regard 
to the land: and the interest in lieu of rents, applied to 
the support of my said daughter. I further desire and 
direct that the slaves bequeathed by this 5th clause of 
my will (except the girl Hannah) may as soon as they come 
into the possession of my executors, be sold together with 
the increase of the females and the proceeds of the sale 
to be placed in interest by my Executors and the interest 
annually collected and applied to the support and 
maintenance of my said Daughter, so as best to promote her 
comfort during her natural life. But it is my desire that 
the principal of the proceeds arising from a sale of either 
the land or slaves, shall not be invaded or used so as to 
lessen such principal for the purpose of supporting my 
daughter unless in case of some extra ordinary accident or 
extreme emergency.  If my said daughter Elizabeth should 
have issue living at her death, Then it is my will and 
desire, that the land herein devised for her use (or the 
purchase money in case of a sale) and the proceeds of the 
sales of the slaves in this 5th clause directed to be sold 
together with the proceeds to such child or children, or 
the descendants of such as may be dead (they taking "" per 
strips (spelling unclear) in equal shares, and free from 
all the Trusts in this clause created to be held and 
enjoyed by them and their heirs forever, as their absolute 
property. And in case of the death of any such child without 
issue the share of such decedent to go to the survivors. But 
if my said daughter Elizabeth should die without lawful 
children or grandchildren living at her death. Then I desire 
that all the property both real & personal, or the proceeds 
thereof, devised for her use in this 5th clause of my will 
shall return to her own blood kindred Viz. To be equally 
divided between her brother & sister Thomas & Polly. At the 
death of my wife, one half of the house hold and kitchen 
furniture, bequeathed to her for life, and one half the hogs 
& cattle on the farm at that time, and the sheep which may 
belong to my wife, shall also be taken possession of by my 
Executors, and held or sold by them, and the property or 
proceeds applied to the sole and separate use of my daughter 
Elizabeth Pomeroy, according to the Trusts herein before 
specified, and so of all property herein bequeathed to her, 
or to which she may become entitled, under any of the 
provisions of this my last will.

6th  I devise and bequeath to my daughter Polly Walker and 
her heirs forever as her own absolute property, the farm on 
which I now live, one half to be surrendered to her at my 
death and the other half at the death of her mother, to whom 
the one half is devised for life by the 3rd clause of this 
will. I also devise to my said Daughter Polly and her heirs 
forever, all my lands adjoining my home tract, and also a 
tract of land in Mercer County adjoining Wilson's land and 
the "Round Bottom" containing 320 acres. I also bequeath to 
her, as her absolute property, the following slaves, & other 
property Viz. One Negro man named Fielding, one Negro girl 
named Rachael, and one Negro girl Vaste Delia and any 
increase they may have from this date. These she is to have 
immediately on my decease and at the death of her mother 
she is to have, and I hereby bequeath to her one half of 
the household and kitchen furniture & Hogs & cattle & 
sheep bequeathed to her mother for life. I further bequeath 
to my said daughter Polly, the Ten sheep excepted in the
 previous clause of my will.

7th  I devise to my Grand Daughter Louisa Walker child of my 
deceased son Benjamin on Negro girl named Adeline and her 
future increase as her absolute property, with the limitations 
herein after mentioned. I also devise to my said grand daughter 
on half of my tract of land containing 690 acres lying in 
Tazewell county on the dry Fork of Laurel or branch of Wolf 
Creek with the addition of 500 acres out of a large tract 
lately purchased of one James Hector adjoining the same.

8th  I bequeath to my grand son Benjamin Alexander Stuart
 Walker, son of my deceased son Benjamin one Negro man named 
Frank, and the other moiety of the tract of 690 acres mentioned 
in the 7th clause of this will, with the addition of other 500 
acres adjoining the same to be taken out of the tract purchased 
of Mr. Hector as aforesaid. The said Negro man & the lands 
devised to my said Grand Son to be held by him and his heirs 
forever, subject only to the limitation herein after expressed. 
It is my desire that the two tracts or parcels of 500 acres 
each devised to my Grand Children shall be laid off adjoining 
the 690 acre tract under the direction of my Executors herein 
after to be named.

9th It is my will and desire that the Hires of the slaves 
bequeathed and the rents and profits of the lands devised to 
my grand children in the 7th & 8th clauses of this will shell 
be annually applied to their education and maintenance until 
they main full age or marry; when possession shall be 
delivered to them or either of them, as the case may be, of 
his or her share respectively. And if either of them should 
die unmarried & underage, then the share of the deceased 
shall go to the survivor: and if both shall die under the 
age of Twenty one, without lawful issue then the shares of 
both shall go to their blood kindred on the Father's side 
and be divided among them per slivres this is among my 
children & the descendants of such of them as may be dead, 
by stocks. And I further desire that in case of the death 
of either of my grand children under the age of 21 years, 
that although such child may be married, yet if no lawful 
issue is the result of such marriage, then the share of 
such child to go to the survivor as aforesaid.

10th  I desire that the residue of the large tract of land, 
out of which the two devises of 500 acres each have already 
been made lying partly in Giles & partly in Tazewell containing 
about 3000 acres together with my interest in the "Bryson" 
tract of land in Monroe County & adjoining the land of Wheeler 
Pennington & others. May be sold after my decease for the 
purpose of paying my debts and the balance if any to be 
divided between my children Thomas & Polly. & my executors 
as trustees for my daughter Elizabeth to be applied for her 
sole use, as is herein before directed in regard to the 
other property intended for her support. 

11th I desire that all the residue of my property of every 
description not herein particularly disposed of before, shall 
be sold by my Executors & the proceeds be equally divided 
among my legal heirs, said Executors taking the share of my 
daughter Elizabeth as trustees for her use as aforesaid.

12th I do hereby nominate constitute and appoint my friends 
Robert Hall of Mercer and James M. Byrnside of Monroe 
Executors of this my last will and Testament. In Witness of 
all the foregoing. I have hereunto subscribed my name & 
affixed my seal this 3rd day of March 1845. 	
					Thomas Walker seal
Thomas Walker having acknowledged the above instrument of 
writing written to witness the same, we have in his presence 
& at his request herein subscribed our names as witnesses thereto. 					John Hunter
						Lewis A. Shanklin
						Archibald Pack

Whereas I Thomas Walker of the County of Monroe have mad and 
duly executed my last will & testament in writing bearing date 
on the 3rd day of March 1845. Now I do hereby declare this 
present writing to be a codicil to my said will, and direct 
the same to be annexed thereto and taken as part thereof and 
I do hereby bequeath and devise to my executors named in my 
will aforesaid all the lands which by the 4th clause of said 
will, I had devised to my son Thomas Walker of Tazewell 
County. And I also bequeath and devise to him all that tract 
or parcel of land lying and being in the county of Tazewell 
conveyed to me by Harvey G. Peery by deed bearing date on the 
28th day of December 1848 and of record in the Clerks Office 
of the County Court of Tazewell, all which said lands. I 
desire and direct to be held by my said Executors during the 
life of my son Thomas, in trust for him & his children, and 
the rents & profits thereof to be applied in such manner as 
they may deem best for the support of the said Thomas Walker 
during his natural life; and if at any time, it should 
become advisable in their opinion to sell the whole or any 
part of the land herein devised to them in Trust as aforesaid, 
my said Executors are hereby authorized and empowered to make 
such a sale and conveyance, provided the purchase money is 
amply secured and held subject to the Trust herein created, 
and the inters only applied toward the support of my said
 Son, or to his wife, if she should survive him. And after 
the death of my said son & his wife, my said Executor's are 
directed to sell all the lands in this codicil devised to 
them that may remain unsold at that time and to divide the 
proceeds arising therefrom, as well as from any sales 
previous made by them equally among the children of my said 
son Thomas, or such of them as may be then living, and the 
representatives of such as may be dead. The taking such 
portion, as their parent would have taken if living. And I 
do hereby revoke all former and other codicils by me made 
at any time heretofore.

		In witness whereof, to this present writing 
which I hereby declare to be a codicil to my last will and 
Testament bearing date the 3rd day of March 1845 and which I 
direct to be added thereto and to be taken as part thereof I 
have set my hand and seal this day of             in the year 1849 
				
Thomas X Walker   Seal
Signed, sealed, published, and declared by the said Thomas 
Walker, as and for a codicil to his last will and Testament 
in the presence of	
							
Archibald Pack
							
Lewis A. Shanklin
							
Benjamin A. S. Walker
At Monroe County Court December Term 1853
				
The Last Will & Testament of Thomas Walker deceased together with 
the codicil thereto attached was presented in Court & proven by 
the oath of Lewis A. Shanklin a subscribing witness thereto & 
the same is continued for further proof.
				
A Copy Testes Geo W. Hutchinson CmC

At Monroe County Court January Term 1854
				
The Last Will & Testament of Thomas Walker deceased, together 
with the codicil thereto, was again presented in court and 
proved by the oath of Archibald Pack a subscribing witness 
thereto (the same having been heretofore proved by the oath 
of Lewis A. Shanklin) is ordered to be recorded as the true 
last will & Testament of the said Thomas Walker & codicil 
thereto
				
A Copy Teste	Geo. W. Hutchinson CmC

 Wills: Thomas Walker, 1853: Monroe County, VA/WV

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