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WILL OF JOHN FRANKLIN
This 22nd day of February 1862 In the name of God Amen.
I John Franklin of the County of Kanawha in the State of Virginia being in body but of a sound mind and disposing memory as usual knowing the uncertainly of life and having a desire to make distribution of worldly effects both real and personal Do by these presents make constitute and ordain this to be my last will and testament hereby invoking all my former will and codicils thereto in the manner and form following To Wit;
It is my will desire and that my executor pay punctually all my just debts funeral and burial expenses out of such property as I may die possessed.
Item The first I give and bequeath unto my two beloved daughters (J ) Emily E and s B Franklin fourth and equally in fee simple that contain tracts 100 acres which deceased Son Benjamin B. Franklin .Kanawha on the head waters of .. creek of Kanawha River adjoining the lands of my son John G Franklin . others which said tract of land I give as a special to my two daughters aforesaid as I shall hereinafter for their general interest with others in the residence of the Estate
Item 2nd I give and bequeath unto my son John H. Franklin , my four daughters (namely) Paulina M. , Frances R. Casey, My afore named daughters Emily S .. J Agness, S B Franklin and also my two minor grandsons .. W. .. Fran Kline and Robert A. Franklin sons of my dec son Robert W. Franklin & Marth b Sirs wife also deceased .. the residue of my said Estate not hereto.. bequeathed under Item 1st both Real and personal the land and premises whereon I now reside both real and personal to be sold and equally divided between my said son John w. Paulina W Emil E S Bone one each and to my two grandsons deceased by .. W and Robert A Franklin and .. on half .. .. each all in each .. .. But all the Estate included under Item 2nd is to be subject to the following reservations and declarations First, my daughters Fran E Cary, Emily E. and Agness S B Franklin all now living with me on the premises now occupied by me have each of them received of me a bed and furniture which are not to be included in the general distribution under this Item . Also the land em invoice general distribution may not be sold publicity but may be sold privately among the distributees or heirs to the same to each other if the majority of the distributees agree so to do. If my son in law Esnest Gary now living in the dewelling with . Until my and a .. be .. on the land or in course he is not to be molested during the year but shall have full time to cultivate and secure the same with all the benefits theseof to him under my contract with me for said year.
Item 3rd I do appoint ordain and constitute my son John W Franklin and Hese.iah Agee, my Executors if either of them who may be alive and choose to act, to carry into effect all of the aforesaid bequeaths and fully settle my .. in accordance with this my last will and testament which I do in every item and every line with their interlinements to be and in witness whereof I hereunto with my own hand subscribe my name and affix my seal the day and year first above written.
Signed Sealed and Delivered in the presence
Wm C Melton
At a Circuit Court held for Kanawha County at the court house thereof on Monday the 6th day of June, 1864.
A paper writing to be the last will and testament of John Franklin was this day presented in Court and fully proved by the oaths of Wm C Melton and John Countz subscribing witness there to who testified that the testate acknowledged the their .. as his last will and testament and they subscribed the same and witness in his presence at his request and in the presence of each other and in their opinion he was of sound mind and disposing memory at the time of such acknowledgment whereupon it was ordered that the be recorded there upon Hesekiah Agee of the executors . In said will who was thereby authorized to act individually or in conjunction with John W Franklin (the latter of whom here in .. court declines to act) made oath theseto and together with William G. Melton and .. his securities (who justified as to their sufficiency) entered into and acknowledge a bond, conditioned and stamped according to law in the penalty of $600.00 ( and he also took the oath to sufficient the Constitution of the United States and of the State of West Virginia) certificate was granted him for obtaining a probate of said will in due form and on his motion it is ordered that John Countz, Thomas Anderson Richard L Roberts and James High any three of whom may act bring just duly . For the purpose do appraise the personal estate and slaves in any said decedent in current money and make report to this court & C
test John Slack Clk
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Transcribed from Microfilm by Tammy and Steve Barber.
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