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JAMES BAILEY SR
This 13th. day of January 1867.
I James Bailey Senr., of Kanawha county, in the State of West Virginia,
being feeble in body, but of sound and disposing memory, knowing the uncertainties of life, and wishing to make some dispensation of my property. Do by these presents, make, constitute, and ordain this the under written, to be my last Will and Testament in manner and form as forthwhich to wit.
First- It is my will and desire that all my just debts be fully paidand all burial and funeral expenses, out ot such personal property as I may possess of.
Second- I give and bequeath unto my beloved wife Mary, during her natural life or during her widowhood, One half of the tract of land whereon I now live, the same tract I purchased of Joseph Goff and **** and his wife, deed dated 19th *, 1865, the division line that seperates his interest, is to begin at the stone corner in the branch above the dwelling house, 10 poles below the hiving and to run with a straight line East of the kitchen, so as to **** all the buildings * *** lot of one half and strike the lower line on John Bailey's hives, near the top of the point of the hill, South side of the dwelling house so as to leave all the West end of said property.
Third- I give and bequeath unto my son, Cornelious Hutson , all the residue of the above described tract of land in fee simple, whichwhich is the upper West end of said tract. And also our Bay mare which he now has horses in of at this time.
Fourth- I give and bequeath unto my following named sons and daughters to wit; Morrison Bailey, Joseph W., James, Sagy Asbury, Henrietta Lanham and Avarilla Goff, jointly and equally all that part of my said tract of land which I have allotted , to my beloved Wife Mary under *lim 2nd. But they, my said sons and daughters named in this bequest, and not to brand possessed of said land until they discuss a second marriage of my beloved wife, in case that should take place. But after when they shall ever enjoy the same in fee simple.
Fifth- I give and bequeath my beloved daughter, Mary Christine McCormack one dollar to be paid out of any of my personal estate that may be left, after all expenses. ***ls and bequeath before mentioned are discharged, having advanced already the sum of three hundred dollars in money, which I consider to be her full share of all my estate.
Sixth- After the payment of all my said debts, burial expenses, if there should be - after my death any money or bonds. It is my will and desire that the surplus may be equally divided between my aforenamed sons and daughters namely,Morrison, Joseph W., James, Sagey Asbury, Henrietta Lanham & Avarilla Goff.
In witness herof, I hereunto set my hand and affix my seal this this day.
Signed, sealed and delivered this 3rd day of Jan. 1864, in the presence
Hezekiah Kyser, Stephen N. Burford, Gideon Harris.
Kanawha County Records Office February 10, 1868.
Submitted by Lorna Corns Workman firstname.lastname@example.org