Ohio County, West Virginia Will of James PEMBERTON - 1839 ********************************************************************** 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. ********************************************************************** ********************************************************************** The records for this work have been submitted by Brenda Payne, E-mail address: , Feb 19, 1999. ********************************************************************** ********************************************************************** WILL OF JAMES PEMBERTON OF OHIO CO.,WV I, James Pemberton of the city of Wheeling, do make & publish my last will & testament, in manner following, that is to say, I give and devise to my Executors hereinafter named, and the survivors & survivor of them all & singular the real Estate wherever situated, which at the time of my decease I shall be possesed of, or entitled to upon subject to the trusts hereinafter specified--I give my beloved wife Hannah all the household goods, furniture & books, now contained in my dwelling house, in Wheeling: and desire that out of any moneys which may come to the hands of my said executors, the survivors & survivor of them the sum of One Thousand Dollars annually should be paid over to her for two years after my decease and that during the said two years she should be permitted to use & occupy the dwellinghouse & lot in Wheeling, on which I now reside, with out paying any rent therefor. Subject to the foregoing devise. I desire that my said executors, the survivors & survivor should, manage, lease, rent & sell my said real estate, or such part or parts thereof, as shall be sufficient, and as they in the exercise of their judgment in the matter, shall deem best for the interest of my estate, and should collect in & dispose of my personal estate, debts & effects, except the household goods, furniture and books aforesaid and out of the moneys which shall come to their hands as aforesaid, shall pay, satisfy & discharge my funeral expenses and all just debts & legal liabilities which I may own, or have incurred. And if any residue remain after the foregoing devises, bequests & directions shall have been executed or satified. Whether of moneys in the hands of my said executors, the survivors or survivor of them or of real or personal estate, it is my will & desire that my said Executors, the survivors or survivor of them should invest such moneys, and rent, sell, dispose of and manage the said real & property estate remaining as aforesaid, as in their & his discretion may be deemed best, and invest the moneys which shall be receved therefrom, in other real estate, public stocks, bank stocks of this estate or elsewhere, or stocks of the other incorporated companies or institutions, or in such other manner as to my said executors the survivors or survivor of them shall appear most likely to be safe & profitable investments, and shall so from time to time, recall and get in again the moneys invested by them as aforesaid, & the same again invest in the manner aforesaid as to them, the survivors or survivor of them shall seem expedient or proper, and shall appropriate & apply the annual profits & dividends from & after the expiration of the said two years, after my decease, as follows, that is to say, if within the said two years, my wife shall have, by good and sufficient deed or deeds released and conveyed to the said executors, the survivors or survivor, all the dower interest or other right or title, which she has or may then have, in or to the real estate aforesaid, to be held by the said executors, the survivors & survivor of them, subject to the trusts herein expressed, then it is my will & desire that the said annual profits & dividends last emntioned, should from and after the expiration of the said two years after my decease should be paid over to my said wife, for and during the term of her natural life: and after her decease should; after paying thereout, the just and full sum of one thousand dollars to my son Thomas M Pemberton as a testimonial of my sense of his faithful services in assisting me in my business, be equally divided among all my children living at the time of my decease, including the said Thomas M. Pemberton. But if my said wife within the said two years, shall not have so released & conveyed all her dower interest, or other right or title aforesaid then it is my will and desire that my said executors, the survivors or survivor of them, from & after the expiration of the said two years, should after paying out of the said annual profits & dividends, the said sum of Thousand dollars to my son Thomas M. Pemberton, divide the same equally among all my children living at the time of my decease including the said Thomas. But I do hereby authorize my said executors, the survivors & survivor of them, if in their or his judgment, it shall be proper to pay over to any, all or either of my said children. a proportionate share of the capital of the fund aforesaid instead of & in satisfaction for their, his or her equal share of said profits & dividends, at any time after it shall appear that a residue remaing as aforesaid, applicable to such purpose. I nominate & appoint my beloved wife Hannah guardian of my infant children Adeline, Elizabeth, William & Sarah I do hereby nominate & appoint John Fawcett, John List & Danial Lamb of the City of Wheeling, executors of this my last will & Testament, and desire that they, or such of them shall act, shall not be required to give bond & security as usually required of Executors-- In Witnes whereof, I have hereunto set my hand & seal, this fourteenth day of August, in the year One Thousand eight hundred & thirty nine-- James Pemberton seal Signed, sealed, published and declared as & for his last will & testament, by the said testator, James Pemberton, in the presence of us, who in his presence, and at his request have hereto subscribed our name as witnesses-- Saml. Irwin Isaiah Cooper Thos. Sweeney Ohio County Court, October Term 1839-----The last will and Testament of James Pemberton deceased, was this day presented in court, and Samuel Irwin one of the subscribing witnesses thereto, being first dully sworn, did depose and say, that the signature of Samuel Irwin affixed to the said will, is his proper signature, and the name "James Pemberton" affixed to the said will, is the proper signature of said Pemberton, signed in the presence of the said Irwin and that he acknowleged the same, to be his last will and testament, in the presence of said Irwin, and of the other subscribing witnesses to said Will, and that he requested said Irwin, to witness the acknowledgement of his last Will and Testament, and that at the time he was perfectly of sound in mind and memory; and Isaiah Cooper and Thomas Sweeney subscribing witnesses thereto, deposed and said, having been first sworn, in substance what is above written, as the testamony of Samuel irwin, in regard to the said Will; the same was ordered to be recorded, as and for the last will and Testament of James Pemberton, deceased- A Copy. Teste Jno McColloch, Clk ----------------------------------------------------- USGENWEB ARCHIVES NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent.