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Will of Madison Conard KLINE/KLEIN
signed 5 January 1861
found in Loudoun Co., VA Will Book 2 U pg. 239.

Transcribed and submitted by JCHines, jchines448@earthlink.net.

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I Madison C Klein of the County of Loudoun State of Virginia declare this to be my last will and testament

Item I will and direct that my Executors shall as soon as may be consistent with the interest of my estate after my decease sell all the real and personal estate of which I may die seized and possessed except such portions as I hereinafter otherwise bequeath or give specific directions concerning either together or in parcels and either by public sale or private contract as may be best for the interests of my estate and make and execute all such acts decrees and assurances of effectuating any such sale or sales. Item Out of the monies arising from such sales of my property and debts due me and collected by my Executors first pay my funeral expenses then my just debts special legacies a/c

Item I give my wife a special legacy of one thousand dollars which she may take the whole or in part in personal property including all my silver ware at valuation and and [sic] balance in cash out of first money coming in the hands of Executors Item To my son John Alexander I will one thousand dollars with interest thereon from the time of my decease this is to effect a like sum already given my eldest son.

Item I will and direct that my Executors loan out the sum of Five thousand dollars taking good and sufficient security therefor and shall cause to be paid to my wife the annual income therefrom free from commissions of any kind for and during the time of her natural life. If my Brother John A Klein of Vicksburg Miss is living at the time and it meets with my said wife's approbation then it is my request that the above mentioned loan of five thousand be offered to him who will from assurances made me take it and pay to her ten per cent interest per annum in like manner as he now pays me interest the loan to be or the note to be executed in Mississippi to make it legal If my wife should not wish the loan made to my Brother John, then my Executors will make it where it will be agreeable to them and my wife. Item At the decease of my said wife, I will and bequeath to my sons John Eberle and John Alexander and their heirs the said five thousand dollars above mentioned. In the event of the death of either of my sons without issue born or unborn the surviving Brother to be his heir and inherit the whole sum

Item To my John Alexander I give my medical library stock of medicines surgical instruments office fixtures a/c Item The House and Lot I own in the City of Vicksburg Miss (the deed of which is in my Brother J A Klein's possession) I direct and will to be kept rented out and the proceeds to be paid equally to my wife and my two sons and at the decease or marriage of my wife should she marry again the whole property to be theirs or their heirs forever. I wish and here request my Brother John A. Klein to continue renting the said house as he has been doing and pay the rents as above specified one third to my wife, one third to each of my sons and another should my said Brother at any time hereafter think it best for the parties interested to sell the same and the proceeds to be applied as follows - one third to each of my sons and the other third loaned out for the benefit of my wife while my widow and at her decease or marriage to pass to my sons equally

Item My negro Girl Annetta I direct my Executors to sell giving her the privilege of selecting a master or mistress even if a full price cannot be attained giving my executors discretion as to the price they shall take the proceeds to go into my general estate

Item I own by purchase of James Love and others three fourths (the other ¼ being my wife's) of the tract of sixty eight acres of land on Difficult Run in Fairfax Co in reversion - my interest in this Land I give and bequeath to my youngest son john Alexander to him and heirs forever.

Item I own one undivided half of ninety acres of land in the County of Jefferson being the interest in the Daver Farm of Mrs Herdspith (purchased of James J Love by me) my son John Alexander may take this land instead of the legacy of one thousand dollars if he so wishes. I paid for it twelve hundred and fifty dollars If however he elects to take the legacy of one thousand heretofore mentioned then this land will have to be sold as directed in the first item of this will

Item I give and bequeath to my sons John Eberle and John Alexander equally all the real estate of which I may die seized and possessed in the State of Iowa and I will and direct that my son J Eberle shall take charge of these Lands and keep the taxes paid until a division or sale of them which shall not be forced by either of them under five years from this time, any and all money paid by my said son for taxes or other necessary expenses to be refunded him out of proceeds when sold or if divided his Brother to pay his proportion

Item The Mortage I hold on my Brother Armistead M Klein's House in Muncie Town Indiana shall not be enforced but assigned over to my Brother if he so desires it without consideration Item The negro Girl Mary purchased by me July 16' 1856 of James Graham together with the future increase I give and bequeath John M Miller of Baltimore in trust for the benefit of my sister Catharine for her sole use the said negro in no wise to be liable for any debt or contract of her husband James Graham either past present or future.

Item I give and bequeath to my sons John E and John A all the residue of my estate of any to them and their heirs forever

Item I hereby constitute and appoint my son John Eberle one of my Executors and my wife may elect one from the following named persons to wit James Chamblin Mason Chamblin of Loudoun County of this my last will and testament all in my own hand writing while in the enjoyment of Mental and Physical health. Given under my hand and seal this the fifth day of January 1861

MM C Klein (SEAL)

In Rappahannock County Court June 8th 1863 The Court of the County of Loudoun and the Court of the County of Fauquier failing to meet for the transaction of business by reason of the public enemy. This writing puporting to be the last will of Madison C Klein deceased late of the County of Loudoun was produced in Court by Mason Chamblin Executor therein named subject to the election of Mrs Mary A Klein the testator'' widow and there being no subscribing witnesses thereto Ashford Weadon and Joseph Pancoast were sworn and Burr P Chamblin who made solemn affirmation severally deposed that they were well acquainted with the testators hand writing and verily believe the said writing and the name therto subscribed to be wholly written by the testator'' own hand whereupon the said writing is ordered to be recorded as the true will of the said Madison c Klein deceased and Mrs Mary A Klein the widow of the said testator having by a writing produced to the Court her signature to which is proved by the solemn affirmation of Burr P Chamblin elected Mason Chamblin Executor of the said will which paper is ordered to be filed and recorded On the motion of the said Mason Chamblin so elected Executor as aforesaid who made oath thereto and together with Joseph Pancoast and Burr P Chamblin his sureties (the said Joseph Pancoast justifying on oath and the said Burr P Chamblin making a solemn affirmation to their sufficiency) entered into and acknowledged a bond in the penalty of Twenty thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate of the said will in due form, liberty being reserved to the other Executor named in said will to join in the probate when he shall think fit

Teste Robt M Heterick Clerk