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WILL OF HEZEKIAH AGEE
This 26th day of November in the year 1878.
I Hezekiah Agee of Kanawha County in the State of West Virginia, being feeble in Body, But of should mind and disposing memory as usual Do be these presents - make, constitute, and ordain the lines herein under written to be my last Will and Testament, hereby revoking all my former Wills and Codicils these to, In manner and form as followith
1st After the payment of all my just debts, if any, and burial & funeral expenses, and changes of administrators - I give and bequeath unto my beloved wife Martha Catharine - The use for life, the one third part of all my real and personal estate. And as she is Old and mentally frail, It is my desire that some honest and suitable person be appointed to manage the Estate to be used by her and to guard against waste of the same, these being much more than she will need, her Dowes interest in the lands would more than yield her a support and necessary care.
2nd I give and bequeath unto my three beloved children, one son, Frederick Mosely, Ann E. Bailey, and Sarah C. High, the respective tracts of land conveyed to each of them, as described in their deeds respectively, subject to such reservations as are made in each of them. The advancements made to them in land, and personal property to this date are as follows To said Federick .. in land $1433 dollars Personal $171 dollars and to Sarah C. High in land $1435 dollars and to her in personal property $438 dollars - And to said Ann E. Bailey in land $1,200 dollars, and to her in Personal property $457 dollars, but in the last mentioned she Ann E. is charged with $36 in a Bond for $36 dollars on Geo B. Rush, which if made by me or my Executor, is to be allowed to her in the settlement of my Estate. I also reserve to the said Sarah C. High and to said Ann E. Bailey to each of them respectively a free and perpetual right of way, ingress and egress to each of their lots of bottom land in the Horse Shoe Bend, along the Riverbank to the old Orchard f . to the County Road on the west side of the river and the right of each of them to deposite timber on said west bank. But not to the exclusion of the rest of my heirs who may own the adjacent lands on said west bank.
3rd I give and bequeath unto my son Joseph Benson, from and after my death, and after the termination of Wm. J. Hughs dease, now on the same, and Dowes Claim of my wife on the Old Homestead Lot, which now contains 105 ¾ acres as surveyed and marked out by me and laid down on my general land flat of the same and all other Heirs which said lot of 105 ¾ acres to the said Joseph Benson, I value at $1500 dollars at the end of said lease. I have also advanced to him the sum of $458.50 dollars in money & property.
4th I give and bequeath unto my two beloved grand daughters Osanna Lee Adams and Allice Myrtle Adams, Heirs of the body of my deceased daughter Virginia Frances Adams, to them my said grand daughters jointly and equally the use of 84 acres of land as surveyed for the use of my decd daughter subject to the perpetual right of ingress and egress, as set out in the 2nd clause of this Will, the rents and profits, after the payment of the annual tax on the same, shall be applied to the raising of my two said grand daughters if they or either of them should live to the age or ages of twenty one years, they or either of them shall inherit said track of land, in their own right, or rights, subject to reversion to any other surviving Heirs in case they should die, without issue of body from either of them, in like manner all other estate that they man inherit from me shall event in like manner. And to that end I do appoint my son Joseph Benson, Trustee to hold, manage, rent, lease invest money that may fall to them from my estate in the final settlement, until they are of lawful age, or die, and reversion takes place in accordance with this clause my said daughters Virginia F Adams having drawn in personal property from me is charged with $303 dollars. And the land I estimate at $1200 dollars.
5th I give and bequeath unto my beloved grand sons Cyrus W. Franklin and Robert A. Franklin together, their share of their deceased mother Martha B. Franklin, 82 ¼ acres of land being the lower end of the Old Homestead Farm, which adjoins the lower lines of the 105 ¾ acres deviesed to Jos Beurous & and adjoining lines of my daughter Sarah C. Highs hill lot and with the Military line at the lower end crossing the River to 3 Beeches & up the River at low water mark with Tyney & Melton to the corner of Jos Beurous lot oposite the mount of a Branch, as laid down on my general plat aforesaid, but said lot is to be subject to my wifes Dowen and lease of Wm J Highs aforesaid. But if my two grandsons both die without issue of body said land shall revert to such of my children having issue and may survive. I estimate the value of said lot to be $1000 dollars. And my daughter their mother, received in her life time $175 dollars in Personal Estate and Cyrus W. Franklin a Horse worth $80 dollars, I have also raised them from infancy, and never having received any permanent benefit from their service, both of them scurring off at an early age I do not think they are entitled to any further gifts from me and consequently make the same their share.
6th As soon as practicable after my death, I desire that my Executors sell all the residue of my Real Estate, if the same is not sooner disposed of, making proper Deeds to purchasers by virtue of this Will. And sell all personal Estate on the farm, except such necessary bedding & furniture as my wife may have use for and such sacred relics as the Heirs may agree to keep, among themselves monies, bonds, trust, deeds, and assets of every kind collected and after debts, expenses, and Dowes claims have been discharged. The residue to be equally divided among all the Heirs except those embraced in the 5th clause, estimating what has been received by each of them, in land & personal together.
7th Clause Last of all, I do appoint my two beloved sons (aforementioned) my Executors of this my last Will and Testament with full authority to carry the same into effect. Trusting fully their integrity and uprightness. Hope the Court will not require large security for the performance of their Executorship. And now having disposed of my worldly effects which Divine Providence hath so bountifully bestowed upon me. I resign my body to the ground and my soul to him who gave it.
Signed sealed and delivered in the presence of
John W. McClanahan
L E. McClanahan
State of West Virginia SS:
At a Circuit Court held for Kanawha County at the Court House thereof on the 26th day of June 1879.
The Last Will and Testament of Hezekiah Agee deceased was this day presented in Court and proved by the Oaths of John W. McClanahan and Robert McClanahan, subscribing witnesses theseto and is theseupon Ordered to be recorded and it is further ordered that said Will be also recorded in the County Court of this County.
Teste: W. E. G. Gillison Clk By John Dryden D. C.
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Transcribed from Microfilm by Tammy and Steve Barber.
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