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WILL OF JAMES CLARK MCFARLAND

I James Clark McFarland of Kanawha being of sound mind an memory sensible of the shortness and uncertainty of this life do after commending my sole to that Almighty Being who hath hertherto preserved and blessed me, and to whom though his son Jesus Christ I look for internal life and salvation make and ordain this my last will and testament in manner and form following to wit

First, I will and desire that all my just debts and funeral charges be paid To that end, I desire so much of my personal estate (except Slaves) be sold as will be required to discharge the same

Second, The residue of my estate, both real and personal after the payment of all my just debts I desire to be divided as the Law prescribes, between my beloved wife and my children. No prefenances being made, the children to have any equal share subject however to the following General bequests …. To John Welch in trust for the benefit of the children of Henry D. McFarland deceased Six hundred dollars, to Julia Welch wife of said John Welch Five hundred dollars and to Susan S. McFarland Five hundred dollars in … she shall marry after my decease, but if she shall not mary then it is my desire that she be comfortably supported out of my estate during life. These several bequests I desire to be paid of practicable out of my personal estate not including Slaves.

Third, In regard to the division of my estate whether the same shall consist of realty, stocks or personal property Slaves included let the whole be appraised and after providing for the legacies above named set off on third for my wife during her natural life and let the residue be divided into as many parts as there shall be children to inherit it the said parts to be drawn for by lot and as it may be impractiable to make an equal in the division without subdividing certain property let such heir or heirs as may draw an excessive share in amount account in money or its equivalent to my such heir or heirs as may have drawn a share of shares of less value, so that she whole may be made as near equal as possible.

J C McFarland

Fourth My children now liveing are Marian, Rauena, James R., Annie and Ellen. Accounts have heretofore been opened and sealed in my ledger against the four first named these accounts must be considered as advances and such as shall thereafter be made and charged as above must be this considered and as so much distributed to those who have received or may yet receive them. The accounts of the same have been thus far accurate kept in my own hand writing. The amount charged to my Elder Daughter Marian is much larger than any other child has received it is my desire that if at the final distribution of my estate her amount as it shall then appear shall not be equal to her distribution share, the residue yet comeing to her shall not be paid over to or full into the hand of her husband but to remain in the hands of my executors in trust for the benefit and support of herself and her son James my grand son for whose education I hereby provide from my estate.

Fifth, In regard to my Slaves (if any I may have) It is not my desire that any of them be sold unless at their express request, and not even then unless they shall chose their Master or Masters (this clause herein shall not apply to any who may be guilty of any gross offence or offences against the law) but it is my wish they remain in the family and be at liberty to make choice of the child or children whom they or either of them may wish to … and if under the opperation of this rule one or more of my children shall obtain an unequal propertion of such property such child or children shall account to the other or others for such inequality by allowing a fair equilvent and I do hereby enjoin upon my heirs in this most solumn manner to treat my Slaves (should I have any) effectionally and humanely and if any there shall be who who have long and faithfully served n my family I shall become old and infum they shall be comfortable provided for out of my estate during life.

J C McFrarland

Sixth, In addition to the several bequests hereinbefore made I give to either or all of the following females who may survive me … To my half sisters Abegail, Julia, Susan, my cousins Mariah, Elizae, Sally and Ann McFarland and to my sisters in law Cora Ellis a morning jewel of the value of twenty dollars. These little bequest are not made for their in… worth or value, but as memorial of the affection and esteem I have bourn towards them all whom save one, I have know form their earliest infancy

Seventhy, I do hereby appoint my son James Robert McFarland (when he shall have obtained the age of twenty one years) together with my friends George W Summers and Samuel Hanna Esquires of Kanawha (or either of the two .. if both decline to act) Executors of this my last will and testament (revoking all others) the same being written with my own hand hereby releasing and clearing the said Executors from giving the usual bond in such cases, their character and honor being a sufficient pledge of fidelity in the execution of the trust hereby reposed

In Witness Whereof I have here unto set my hand and seal (having also signed the 1st and 2nd pages of this sheet this 17th of September AD 1847.

J C McFarland

Codicil April 14th, 1854 James …. Grant my grandson having become by the death of his father and mother an orphan I desire the sum of $3,000 to be set apart from my personal estate (except Slaves) for the support and education of my said grandson an accurate account to be kept on account of all disbursements from said fund & any balance, that may be left let it be paid over to him when he shall have arrived at the age of 21 years …August 29, 1861. The above sum to be paid in full unless after wise hereafter directed.

James C McFarland

September 9th 1859

My Son James R. McFarland and my valued friend Samuel Hanna both named as executors of this Will having departed this life .. the former on the 4th day of April and the latter on the 30th day of July, the present year thereby appoint my son in law Charles B. Cesil of Wheeling in conjunction with George W. Summers Esq my sole executors who will please consider themselves as trustees and carry out the clause by which my friend John Welch Decd appointed Trustee for the benefit of the children of Henry D. McFarland decd The said Welch having departed this life in April, 1866

James C McFarland

Kanawha Circuit Court Tuesday the 13th day of December 1864.

This day a paper writing purporting to be the last will and testament of James C. McFarland decd late of this County leaving date the 17th day of September 1847 with a codicil thereto annexed and …. Bearing date of the 14th day of April 1854 and with a further codicil in like manner … and annexed to said paper, writing bearing date on the 9th day of September 1859 was this day presented in court for probate on behalf of Mrs. Mana McFarland the widow of the said James C. McFarland decd and a desire under the said will and thereupon the following witnesses were sworn and examined in open court .. the execution of the said paper … to wit: Benjamin W. Smith, Fayette A. Lowell, and John Slack .. each of which said witness testified that he had been long familiar with the hand writing of said James C. McFarland and that the paper aforesaid as well as the body of said will and each codicil thereto annexed and under written as the signature to each and the signature as the bottom of each page thereof is in the proper hand writing of the said James C. McFarland decd. Therefore on the motion of the said Mana McFarland widow and de.. as aforesaid the said paper writing together with the codicils aforesaid are admitted to record and ordered to be recorded as and for the last will and testament of the said James C. M cFarland decd

teste John Slack Clk


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Transcribed from Microfilm by Tammy and Steve Barber.


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