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WILL OF WILLIAM DICKINSON
In the name of God, Amen.
I William Dickinson of the County of Kanawha and State of West Virginia, being of sound and disposing mind and memory, do make this as and for my last Will and Testament, hereby revoking and annulling any and all wills or parts of wills heretofore made by me.
The funds, if any, which I may have on hand, at the time of my death, and what may be collected from those who may owe me, and what may arise from the proceeds of sale of any thing of personally I may have (not otherwise hereinafter disposed of, I direct to be placed in the Kanawha Valley Bank with any funds in said Bank to my credit. And out of such funds I direct my burial expenses and debts to be paid. And when it is deemed proper by my executors to divided the residue of such funds, it shall be done in the same manner, to the same persons, in the same proportions, and with the same conditions and restrictions, as I shall, in another item, make division of my main interest in said Kanawha Valley Bank.
I own in the Kanawha Valley Bank a controlling or majority interest and I desire, that, after my death, said Bank may be wound up and closed as soon it can be prudently, and properly done, of which time my executors must be the judges so as to guard the interests of my estate and also the interests of the Bank.
I give to my son, John L. Dickinson, my interest in what is called and known as the Paint Creek land, which is the same proportinate interest as I own in the Kanawha Valley Bank; that bank having bought it of Col William H. Edwards in collecting of him a debt he owed said bank.
I also give to my said son my interest in what is known as the Lower John Steele lands, which have been practically divided by Commissioners, but by the dilaborioress of the Court such division has not yet been confirmed. I also give to my said son my interest, which is three fourths undivided in a tract of land on Smiths Mountain in Bedford County in the State of Virginia, containing, as estimated some four Thousand Three hundred acres. I also to my said son a small lot of land in Kanawha County, West Virginia at the (Sandy Bottom) School House, which I bought of A. B. Ault and which connects my sons land, now owned by him with the Kanawha River, at a that place. I also give my said son that part of my land lying, adjoining to and below the land on which he now resides and bounded and described as follows; Beginning on the Kanawha River, at my upper, which is his lower corner, nearly opposite my Houston land, and running thence, with our common line, across the bottom, with the Osage hedge, to the old State Turnpike road, thence down said road to the corner of The Horse Lot where John Slack lives, Thence to the left around side lot, to the fence running from Slacks big gate to the branch near the hickory spring, and continuing the same course some forty yards further and turning to the right and down the ridge and along a cart-way and hedge to an Osage hedge and turing to the left and with said hedge to the Kanawha river, nearly opposite McConihays, Thence up the Kanawha river to the beginning; w sorving nevertheless the right of tieing boats and other water craft on and along said river bank of the land hereby given, for my other devisees if they should need the use of the same, at any time hereafter for the purpose, in connection with the shipment of coal or any thing else from the lands, hereinafter given to them or to the their use.
The rest and residue of my interest in said Kanawha Valley Bank, having given my son in the preceeding item my interest in the Banks Paint Creek lands, I dispose of as follows: I give to my sone John L. Dickinson, one fourth part, thereof, I give to my daughter Mary T. Winkler, for life, remainder to her four children, .. Roemer, Henry, John and Mary Winkler, or their heirs, one fourth thereof, and I direct that, in making these gifts or any others in this will to my said son and daughter, there shall be by abatement made thereof or account taken, of any gifts or advancements made by me to them previous to the first day of January, 1881. As to the remaining half of interest in said Kanawha Valley Bank, I give six-ninths thereof to the six children, share and share alike, of my deceased son, Henry C. Dickinson or the there heirs, and in making this gift or and other to them, in this will, no charge is to be made against them on account taken of any advancements or gifts made by me to my son Henry C Dickinson or of any thing due from him on any account to me during his life time. All such accounts and transactions are closed not to be reopened or inquired into by any one. The remaining three-ninths of one half of my interest in said bank, I give to my son John L. Dickinson in trust, first for the payment to himself of three debts due to him, by my three granddaughters, respectively, .. Mary Cobb, Sally Cobb, and Martha Cobb, the said Mary Cobb owing him to the amount of nineteen hundred and seventeen dollars and seventy two cents, for supplies, boarding and schooling, furnished her and paid for by him from October 22nd 1875 to January 1st 1881: the said Sally Cobb owing him, on same account the sum of two thousand and eighty seven dollars and fifty two cents, from October 22, 1875 to January 1st, 1881 and the said Martha Cobb owing him one same account, the sum of two thousand and seventy eight dollars and twenty nine cents from October 22nd, 1875 to January 1st 1881. The aforesaid debts are due from my said three grandchildren, together with accruing interest , to my said son, and I promised my said son that I would have them paid, as they were contracted by my consent, and I thus direct that they shall be paid in fulfilment of my promise. And I make this gift, in further trust that out of the same, they shall be decently and prudently maintained from and after January 1st 1881, so long as they or eight of them continue to board and they with him, and with full faith and confidence in the entire justice and correctness of my said sons accounts against them, which I direct shall be accepted as just and correct and are to be paid to him out of said trust funds and in estimating this trust fund, no charges are to be made or account taken of any advancements made by me to their mother during her lifetime, nor for any gifts made or maintenance furnished by me to my said three granddaughters, previous to October 22, 1875. For all supplies or advancements furnished or caused to be furnished by him to them or either of them since the 1st day of January 1881, he is to be repaid out of the trust funds, or any other provided for that trust purpose, in any part of this will.
Any lands or interest in lands owned by me outside of Kanawha County, West Virginia, not hereinbefore disposed of, I direct to be sold by any of my Executors and the net proceeds thereof placed in the Kanawha Valley Bank to the credit of my estate, and when divided out, it shall be given to the same persons, in the same proportions, and upon the same terms and conditions as I have prescribed for the division of the main part of my interest in the Kanawha Valley Bank.
The residue of my lands, in Kanawha County, both bottom and hill lands (not already leased or rented) I direct shall be leased or rented out, and, together with those already leased or rented, shall continue to be leased or rented out, by my nephew Charles C. Lewis, aided as much as practicable, by my other executors, for so long a time as my said executors may deem it prudent and profitable so to rent or lease them, and then said lands shall be sold or divided out, as may be deemed most advisable by my executors: And the net proceeds arising from the renting or leasing of said lands, shall, from time to time be divided out as follows: One Third to my daughter Mary T. Winkler, for life, remainder to her four children aforesaid, or to their heirs. Six-ninths of the residue, share and share alike, to the six children aforesaid of my deceased son, Henry C. Dickinson, or to their heirs: And the other three-ninths of such residue, to my son John L Dickinson, in Trust, for the same purposes as hereinbefore prescribed for the three ninths of one half of my main interest in the Kanawha Valley Bank: and in case of the sale of the lands or their division, the net proceeds of such sale, or the lands so divided, shall be assigned or apportioned to the same persons, in the same proportions and on the same conditions, as prescribed for the division of the renting or leasing of the same. In case of the division of lands in kind, mutual surface rights of way are to be reserved for the respective parties, for purposes of transporting timber, coal and other minerals or products of the soil: such rights of way to be taken and used so as to cause the least inconvenience and damages to the lands passed over.
All the gifts in trust, by this will, to my son John L. Dickinson, are to behold and used by him, first to pay to himself whatever amount each or any of my said three grand-daughters, Mary, Sally and Martha Cobb, owe or may owe to him for maintenance, supplies, or advancements made by him to or for them, or on their account: Secondly, after such debts from, any of them, shall have been fully paid, and any one of them shall have been legally married, and shall have arrived at lawful age so as to be competent to give a legal receipt, he shall from time to time, as he may be able to collect the trust funds, pay over to the one or ones so legally married and arrived at lawful age, her or their proportionate share of such trust funds, after first paying himself all that such one or ones may owe him, as aforesaid, And in case any one of my said three grand-daughters should die unmarried or without leaving issue of her body surviving her, the surviving two grand-daughters shall receive the benefit of the remaining trust fund, or in case two of my said grand-daughters should die unmarried or without issue of their bodies surviving them, the then surviving one grand-daughter shall receive the benefit of the remaining trust fund. And in case all three should die unmarried or without leaving issue surviving them, then the remaining trust fund shall revert to my estate, and shall be apportioned, one third to my daughter Mary T. Winkler, for live, remainder to her four children or their heirs; One third to the six children, share and share alike, of my deceased son Henry C. Dickinson, or their heirs, and the remaining one third to my son John L. Dickinson.
I have heretofore given to my nephew Charles C Lewis, several articles, which I had gotten and used both for my instruction and amusement, and have delivered the same to him, and I hereby confirm those gifts and I do also give to my said nephew, Charles C Lewis my watch and chain which I now wear, also m eight-day metal clock in my room, and also Fergusons Astronomy, having in it fine tables for equating sun time. Also I give him my old saddle, which I have had for about sixty years, and a fine pair of plated, spring steel stirrup irons which I have had for many years. These things I give him for his own use out of the regard I have for him for his high moral character all his life.
I hereby nominate and appoint my son John L. Dickinson, my nephew Charles C. Lewis, and my two grandsons, Roemer Winkler, and Henry Winkler, as executors of this my last will and testament, and as all of them are sober and prudent persons, I request that the court in which this will is offered for probate, will permit my said executors to qualify as such without giving security in their official Bond.
In testimony whereof I have hereunto set my hand and seal this 1st day of March, 1881.
This 1st day of March, 1881
Signed, sealed and acknowledged by the Testator, William Dickinson, for his last Will and Testament, in our presence, who have signed this attestation, in the presence of the testator and in the presence of each other This 1st day of March, 1881.
John W. Slack
A. B. Aultz
D. L. Ruffner
At a Circuit Court held for Kanawha County at the Court House thereof on the 6th Day of December, A.D., 1881.
Qualifications of the Executors of William Dickinson. A paper writing bearing date the 1st March 1881, purporting to be the last Will and Testament of William Dickinson deceased late a resident of the County of Kanawha, was this day produced in open Court and propounded for probate by John L. Dickinson, Charles C. Lewis, Roemer Winkler, and Henry Winkler, and thereupon John W. Slack, A. B. Ault, and David L. Ruffner, the subscribing witnesses thereto, having been duly sworn, they and each of them do depose and say that the deceased William Dickinson did sign seal and acknowledge the paper writing aforesaid as and for his last Will and Testament in their presence and in the presence of each of them, and that they the said witnesses, at the request of , and in the presence of the said Testator, and or each other did sign the said will as the subscribing witnesses thereto, and thereupon it is ordered that the said paper writing be and the same is hereby admitted to probate as and for the last Will and Testament of the said William Dickinson deceased, and that the said Will be recorded as such according to law.
Andy by the ninth clause of said Will the Testator hath directed that the executors appointed by him should be permitted to qualify as such without giving security on their official bond, thereupon the said executors, John L. Dickinson, Charles C Lewis, Roemar Winkler, and Henry Winkler executed and acknowledged in open Court as such executors a bond in the penalty of $200,000, conditioned according to law and said executors also severally took the oaths of office required by law.
Thereupon the execution of the said Will is committed to them in due form of law.
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Transcribed from Microfilm by Tammy and Steve Barber.
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