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Selected Hampshire County WV Wills

As I find, or someone else sends me, wills I think might be of interest I'll add them to this list.

When it grows larger, I'll add some nav-aids, but right now, there are only five, and I think you can still just scroll?

Copyright, should any have been created by these submissions, belongs to the submitter, not to the WVHampsh GenWeb.

Questions, if you have them, should be addressed to the submitter, not me.

Thanks to those who have submitted items for these pages!

Will #1: Thomas Athey


Submitted by: David Earl Athey ( )

County: Hampshire

State: Virginia

Will Book: Vol. 1 - 22

Page: 146

Court/Repository: Hampshire County Court House, Romney, WV

Executor: Henry Smith

Date signed: 20 February 1826

Date proved: 16 October 1826

Signature: Thomas Athey

Witnesses: William [his mark X] Tanney, Samuel Davis, Reuben Davis

Bequests, Devises, etc.: 1. Perishable estate should be sold to satisfy debts and funeral expenses. 2. Any surplus should not be sold, but remain in the hands of wife, Martha, for the support of minor children, Samuel, Nancy, Martha, and Joseph until they reach the age of twenty-one. 3. After the above stated children arrive at the age of twenty-one, all land should be sold and the money arising from such sale to be equally divided between all surviving children; Sarah, Elizabeth, Walter, Thomas, Emma, Susan, Verlinda, Mary, Samuel, Nancy, Martha, and Joseph.

Codicil: Wife, Martha, should she live and remain in widowhood till the time shall come when the land is sold, should have an equal part of the money arising from the sale, that is to say, a child’s part.

Will #2: Mary Harmison

Submitted by Cheryl H. Singhal

July 12, 1912

"I leave all my property to Papa as long as he lives, then at his death to pay Chris and Lou each $300, apiece; and the rest to go to go to Johnnie, Dora, Henry & Joe.

"This is my will."

/s/ Mary Harm

Mary Harmison

West Virginia to wit:
In the Clerk's Office at the County Court of Hampshire County, on the 3rd day of January 1923, the last Will and Testament of Mary Harmison, decd., was presented in said office and proved by the oaths of Lelia H. Houser and Mary Elizabeth Iren Houser to be wholly in the handwriting of the said Mary Harmison, dec., they stating upon oath that they were well acquainted with the handwriting and signature of the said Mary Harmison, decd., and had often seen her write and sign her name, that the whole of the said writing is in the handwriting of the said Mary Harmison, decd., and said Will is here admitted to Probate.

Teste:    /s/C W Haines    Clk. Cty.

[Note: Lelia and Irene were her nieces. The persons named in her will were her children, except Papa, who was her husband, Charles Van Harmison.]

Will #3: Silvester Welch

Submitted by Kathy Futey --

Silvester Wech
His Will
proved at Febuary
Court 1810 _____
Recorded Bo. 5
_____ page 81
At a Court held for Hampshire County the 19th day of February 1810

This last Will & Testament of Sylvester Welsh deced, was presented in Court by Dempsy welsh the Executor therein named. proved by the oath of Josiah Smoot one of the witnesses thereto, and the signature of Rodham James deced another of the subscribing witnesses to the said Will. proved by Jacob Vandiver, and thereupon the said Will is Ordered to be recorded. the said Executor having taken the oath of an Executor, and entered into and acknowlewdged Bond with Jacob Vandiver his security in the penalty of Five Thousand Dollars. conditioned as the law directed
_____And Wodrow.GC:___________

// In the name of God Amen, I Silvester Welch of Hampshire County in the state of Virginia Being of a sound mind and Memory and in a good state of health in body blessed be God, do this 30th day of September 1800 make and publish this my last Will and Testament in manner Following that is to say, First I give to my son Demcey Welch a bed and Furniture his choice in my house, also I give to my daughter Luraner Welch a bed and Furniture her Choice after Demcey in my house I give And bequeath to my loving Wife Jemima Welch the tract of land I now live on with all my movable Estate Except the legaceys afore mentioned to her during her single life and if she should see cause to marry she is to have no more than the law allows her, I give and bequeath to my sones Silvester Welch and Demcey Welch the place or tract of land I now live on after the death of my wife Jemima to them and theirs for Ever to be Equally Divided between them, also I give and bequeath my land in harrison County to my son Benjamin where he now lives to him and his heirs For Ever. also after the single or Naturel life of My wife Jemima Welch I leave all my movable Estate Except the legaceys aforementioned to be Equally divided Between all my Children as followeth, Isaac Welch Silvester Welch Demcey Welch Benjamin Welch Nancey Smith Mary Mott dec. Elizabeth Fleming Sarah good Levraner Welch only Nancey Smith her part of the Estate is to be given to her by my Executor and Executrix as She is in need of it and if she should die before she has received her part her Children Reuben Jemima and Dorcas Shall receive the rest Equally divided between them by my Executor and Executrix, Mary Mott Deceased her part shall be Equally Divided between her Children Silvester Mott Sarah Mott Lucey Mott and Jemima Mott after the death of My wife Jemima Welch, and I make and ordain Jemima Welch My Executrix and Demcey Welch my Executor of this my last Will and testament in trust for the Intents and purposes in this my Will Contained, In witness whereof I have set my hand and seal

Silvester Welch
     X     seal
    his mark

In presence of
Rodham Jams
Josiah Smoot
Joseph Davis

Will # 4: Will of P. Flemings

Submitted by Kathy Futey --

P Flemings
1838 Oct 22 pro by
Josiah Smoot & the
________ of Benj Arnold
______ Jno Sloan qualified
in M book

Book 11 page 225


At a court held for Hampshire County on the 22
day of October 1838 This last will and testament of Patrick
Flemming dec was presented in court proved by the oath
of Josiah Smoot and with affirmation of Benjamin
Arnold witnesses thereto and ordered to be recorded
and on motion of John Sloan the parties here in name
who made oath according to law certificate of the
probate thereof is granted him in deed of or in law whence from
herewith _______ Sloan his____ entered into and
acknowledged cond in the penalty of $3000, condition
as the laws direct
		test of B White_____

I Patrick Flemming of the County of Hampshire do make
this my last will and testament.

1st.  I will and direct that my debts and funeral expenses
be paid
2. I will and bequeath to my son James Flemming the
plantation upon which I now reside called the “Home
place” to him and his heirs and assigns forever subject
however to the following incumbrances, the first
James is to pay to my daughter Ann Shirley the
sum of one hundred and ninety four dollars, to
my grand son James Thomas Shirley the sum of
one hundred and fifty dollars, to my grand
daughter Elizabeth Shirley the sum of one hundred
and fifty dollars and to my daughter Catherine
Flemming the sum of four hundred and ninety
four dollars amounting in the whole to nine
hundred and eighty eight dollars, the said sum
to be paid in instalments of eighty dollars per
annum to be apportioned according to the several
sums above devised the first instalment to be paid
within one year after my decease, the sum above 
devised to my daughter Ann Shirley is to be for her
sole use& benefit & not to be subject to the controul of
her husband or liable for his debts & my son 
James is to be master for the purpose of carrying my will
as to her into affect
3. I will that a debt due from me of seventeen dollars &
50 cents to Ann Shirley my daughter be paid to her
out of my personal estate or the assets which may come
to the hand of my executes

4. I will and bequeath three undivided fifth parts
of the land now in the occupancy of William S. Kline
to James Flemming my son to be held by him in
trust for the use and benefit of my daughter Christiana
Kline the wife of the said William S. Kline, the said
James to pay her the rents & profits of the farm or to let
her have the use of said land but in the event of the
death of the said William S. Kline before his said wife,
then said trust is to cease & the said land become the
absolute property of the said Christiana to dispose of as
she may think best. And in case of the death of
my said daughter Christiana before the said W.S. Kline
then it is my will that the lands hereby devised in
trust as aforesaid shall become the property of my
grand children being the children of said Christiana
which she may leave at the time of her death, but
the said land is under no circumstances to be vested
in the said W S Kline, nor is he ever to have any controul
or authority over the same in any way whatsoever

5. I give & bequeath the two undivided fifth parts
of the land now in the occupancy of William S.
Kline not here to for devised to my son Edward
Flemming his heirs and assigns forever

6. I give & bequeath to my son James Flemming to
be paid out of my personal estate one hundred
and ninety four dollars

7. I give & bequeath to my son Edward Flemming
to be paid out of my personal estate on the first
day of January 1841 the sum of one hundred and
fifty dollars

8. It is my will that all the residue of my estate after the
payment of my debts, funeral expenses and the
above named legacies be divided equally among
the following persons, my children viz James Flemming, John
Flemming, Edward Flemming, Ann Shirley, Christiana
Kline & Catherine Flemming and that the portions
of said Ann Shirley & Christiana Kline of _____ ______
be held by my executor in trust for their benefit &
or to their use either principal or interest
as to him may seem best during the
time they may continue married womans, but when
they or either of them shall cease to be ______ ______
then they shall be entitled to receive the same as they	
may chose

Lastly I hereby appoint my friend John Sloan
executor of this my last will and testament
revoking & annulling all other & former wills by me
here to for made.

In testimony whereof I now hereunto
set my hand and seal this 27 day of September

signed, sealed, published pronounced					Patrick Fleming
& declared by the testator as _____
in presence of us
for his last will & testament who
in his presence, at his request&
in presence of each other have
subscribed the same as witnesses

	Josiah Smoot
	Benjamin Arnold

Will #5: Will of William Kimsey

Submitted by: Joy Kimsey --

William Kimsey will 8 May 1778  
"In the name of god Amen
Be it  remembered that on the eigth day of May in the year of our Lord one 
thousand  seven hundred and seventy eight 1778.  I William Kimsey of 
Hampshire County  in the Colony of Virginia yoeman, being very sick and weak of 
body but of  perfect mind and memory. Thanks be given to god therefore calling 
to mind the  mortality of my body and knowing that it is appointed for all 
men once to dye do  make and ordain this my last will and testament, that is 
to say principally and  first of all I give and recommend any soul unto the 
hands of god that gave it  and for my body to recommend it to the eart to be 
buried in a christian site,  decent maner at the discretion of my executors 
and for any such worldly estate  where with it hath pleased god to bless me 
with in this life.  I give  devise and dispose of the same in the following 
manner and form.
Item: it is  my will and I do order that in the first place all my just 
debts and funeral  charges be paid and satisfied
Then I give and bequeth unto Elizabeth Kimsey  my dearly loved wife my 
whole estate both real and personal to her own proper  use during her natural 
life and if there should be any thing left after my  beloved wife's 
decease--my will is that it should be equally devided between my  brothers Benjamin's 
son Benjamin Kimsey and my dearly beloved wifes brother  James Cunninghams 
oldest daughter Sarah Cunningham.
Item  I do hereby  constitute and ordain my beloved wife and George Stump 
my only sole executors of  this my last will and testament and I do hereby 
utterly disallow revolk and  disolve all and every other former testaments, 
wills legavies and xecutos by one  and anywys before this time and no other to 
be my last will and testament.   Witness where of I have unto set my hand 
and seal.
Signed sealed and  delivered by the said William Kimsey as his last will 
and testament in the  presence of us the s--?
Stephen Prudall
William  McHandy                  William , his mark, Kimsey      seal
9 Feb 1779 proved
At a court held for Hampshire Co on the 9th day of  February 1779.  This 
last will and testament of William Kimsay deceased was  presented in Court by 
Elizabeth Kimsay the executor therein named. Proved by the  oath of Stephen 
Prudell one of the witness thereto.  And ordered to be  recorded. And on the 
motion of the said executors who made oath, according to  law. Certificate 
is granted her for obtaining a probate.  There of in dur  form giving 
security.  Therefore she together with Jonathan Fletcher,  Stephen Prudell her 
securities entered into and acknowledged bond in the penalty  of two thousand 
pounds for her due and faithfull administration of the said  decedents estate 
and performance of this will    Test Gabriel  Jones Jr  Co Clerk
10 Aug 1779
At court held for Hampshire County the  10th day of Aug ust 1779.  This 
last will and testament of William Kimsay  deceased was proved by the oath of 
William McHendry.  The other witness  thereto which was ordered to be 
certified.   Test   Gabriel  Jones"

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