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Will of Thomas Scott

Contributed by Mike Holland

Thomas Scott died in 1865 in Randolph County, West Virginia and left the following will:

WILL OF THOMAS SCOTT, Volume 5, page 157, Office of the County Clerk of Randolph County, West Virginia.

In the name of God, Amen, I, Thomas Scott, of the County of Randolph and state of West Virginia being of sound mind and memory do make and publish this my last Will and Testament in manner and form following.

First, I will to my son, Andrew Scott, a tract of land on which he now resides, lying on the West side of the Valley River in Randolph County, beginning above the mouth of a run known as the Upper Long Bottom Run, running down said river with the remainder thereof to the lower end of the Long Bottom, thence to extand back from said river so as to contain
fifty-five acres.

Second, I will to my son, Marshall Scott, a tract of land on the East side of the Tygart Valley River in said Randolph County containing one hundred and ten acres and bounded as follows: Beginning at a White Oak and Dogwood on the river bank, thence S 37 1/2 West 71 poles through the fields to a stake by a fence S 67 1/2 W 153 poles to a stake on Elijah Kittle's line, thence with his line N 60 1/2 38 poles to a stake, Andrew Scott's corner, thence along his line reversed N 30 E 14 poles to three small Chesnut-oaks, from one stump and pineoak, same course N 30 E 126 poles to a Maple and Ash in a run N 17 E 20 poles down the run to 4 Water-beeches, two Elms and Ash on the bank of the river at the mouth of the run Andrew Scott's corner, thence down the river S 71 1/2 E 104 poles to a Chesnut on the bank of said river two poles from the edge of the water near the mouth of a drain S 76 E 44 poles and ten links beginning, containing one hundred and ten acres more or less.

Third, I will to my son, James Scott, all the remaining part of the survey on which I now reside down the river from Marshall Scott's line on the West of said line bounded South by lands of Elijah Kittle, East by lands belonging to heirs of Jacob Triplett and Solomon Scott, quantity not known.

Fourth, I will to my son, Oliver Scott, the tract of land he now lives on, the title being yet in my son Crawford Scott. I will, therefore, that he, Crawford, make the deed to my said son, Oliver Scott, and that my said son, Oliver Scott, pay to the heirs of my son, Thomas J. Scott to wit: Elizabeth J. Scott and Nancy E. Scott each the sum of twenty-five dollars to be paid two years after my decease.

Fifth, I will all my lands which I hold west of what I have already willed to my son, Andrew, lying in and contagious to the Rich Mountain to be equally divided between my sons, Andrew, Marshall and James Scott and that Andrew Scott shall take his share of said land extending out from the piece or parcel before willed to him so as not to extend farther north than the whetstone quarry run.

Sixth, I will that my three sons, Andrew, Marshall and James Scott pay to my four daughters, Margaret Phillips, Eunice McQuain, Rebecca Scott and Elizabeth Griffy each the sum of one hundred and twenty five dollars as follows: Marshall Scott to pay Margaret Phillips one hundred dollars and to Eunice McQuain one hundred dollars, that James Scott pay to Rebecca Scott the sum of one hundred dollars and that James Scott also pay to Elizabeth Griffy the sum of one hundred dollars and that Andrew Scott pay to each of aforesaid four daughters twenty-five dollars which said sum be paid two years after my decease and that the said Andrew Scott also pay to the aforesaid daughters of Thomas J. Scott, each the sum of twenty-five dollars two years after my decease.

Seventh, I will my blacksmith tools and one bed and necessary bedding to my son, James Scott, the rest of my personal property to be equally divided between my four said daughters. Lastly, I appoint my son, James Scott, Executor of this my Last Will and Testament.

In witness whereof I here into set my hand and seal this first day of April in the year
of our Lord one thousand eight hundred and sixty-five.


Signed and Acknowledged in the presence of:

Elija Kittle
Christina Triplett

State of West Virginia, Randolph County Recorder's Office, August the 14th 1865 (the
second Monday). The Last Will and Testament of Thomas Scott, deceased, was this day
presented in this office for probate by one of the subscribing witnesses, viz. Christina Triplett.

All of Thomas Scott's children are mentioned in the will but, John Scott. A deed has been found made to John Scott, in 1834, for land on Rich Mountain.

Added August 8, 2006