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Will of Henry Roberts Thomas

1802-1869

I Henry R. Thomas, of the county of Kanawha and the state of West Virginia do make, declare and publish this for my last will and testement, revoking all other wills or codocils, that may have been made by me hereafter. 1st I desire my body to be buried in a decent and christian manner without ostintation or unnecessary expense. 2nd I desire all my just debts to be honorably and punctually paid. 3rd It is my wish that my wife and my children to wit, George, William, Lilly, Mary, Oscar, Fannie, occupy and enjoy the proceeds of that part of my real estate known as the Betsey Thomas Farm until the youngest of the said children arrives at the age of twenty one years, unless it would be clearly to their interest to sell the same prior to said period, in which event my executor herinafter named shall be authorized to sell said land, and divide the proceeds of it's sale between my said wife and her six children herinbefore mentioned. It is my wish that all my land on the upper side of Smiths Creek, up to the line of the Betsey Thomas tract be included in the tract or parcel of land which I have herin willed to my wife and her six children as before stated. 4th It is my wish that, that portion of my land lying below Smith Creek and running up to the old Betsey Thomas line be rented out until the youngest of the six children before mentioned becomes of age, and then divided equally between Elizabeth Thomas, Emily Thomas, and the children of Isabella Eastwood, the three last named are my children by my first marriage. 5th It is my wish that the tract of twenty two acres lying on Smiths Creek, which I bought for taxes be sold unless the former owner I hereof should come forward and pay up all the taxes which I have paid therin, in which event it is my wish that the said land be given up to the said owners, but if sold I desire the proceeds thereof equally divided between my eight living children and the children of my deceased daughter Isabella Eastwood, my executor is authorized to sell the same. 6th I bequeath to my son William the young bay mare, which he now claims as his own. 7th I desire all my household and kitchen furniture remain in the posession of my wife Margaret Jane Thomas and the six children herinbefore first named until the youngest of the six children arrive at the age of twenty one years, and then sold and the proceeds equally divided between my said wife and and the said six children, if it should be in the interest of my said wife and children that the said property be sold before the majority of said youngest child then my executor is hereby authorized to sell the same and divide the proceeds thereof between my said wife and said six children. It is my wish that the residue of my horses, all my stock of cattle and hogs, together with my farming utensils remain as they now are, for the use of my said wife and my said six children, and that they use and enjoy the same until the youngest children arrive at the age of twenty one years, at which time I desire the said property to be sold by my executor and the proceeds equally divided between my said wife and said six children. The last named property may be sold under the same contingency specified with reference to the other property bequeathed to my said wife and said six children, I hereby constitute and appoint my son George Thomas and Lorenzo Griffith the executors of this my last will and testement. It is my wish that the rents of that parcel of land lying below Smiths Creek and herein before mentioned be appropriated to the payment of the taxes on the residue of my estate, so far as the same may go. In witness whereof I have hereunto subscribed my name.

Henry R. Thomas

W.B. Sutherland

G.W. Dudding


Submitted by Kristie Cornett KayDeeCee@aol.com


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