The WVGenWeb Project


WILL OF JAMES WILSON

In the name of God, Amen

I James Wilson of the County of Kanawha and State of Virginia do hereby publish and declare this to be my last Will and Testament. I charge all my estate whether real or personal and of what nature or kind so ever, with the payment of all my debts and funeral expenses and of such legacies as I may here after give this my will as in any codicil or codicils there to which I may here after execute.

Item

I give devise and bequeath unto my friends John D. Lewis, Charles L. Lewis, Joel Shrewsbury, Jr. and James A. Lewis, all my land, tenements, and here ……. with the appurtenances situate at the mouth of Big Sandy River in the State of Kentucky which it purchased of a certain Horatio Catlett and which are now in the possession and occupancy of the said Catlett as my tenenant to the use of them the said John D. Lewis, Charles L. Lewis, Joel Shrewsbury, Jr. and James A. Lewis …

Received from him to be paid for his use and accompany of the ….. land….

And accordances the… this from …. that

The survivors of them or the executor or administrator of said survivor shall think advisable which works or securities it shall and may be lawful to and for the said trustees or the survivors of them or the executor or as administrator of such survivors to alter and transfer at discretion and in like manner to place out and invest the dividends, interest and produce of the said stocks or securities in like stocks or securities so as to form an accumulated fund but which accumulation is not to be carried on or made beyond the time when the said James Wilson Fry shall attain to the age of twenty-one years. Upon the happening of which event I do hereby give and bequeath unto the said James Wilson Fry the said monies to invested in the said stocks or securities and the dividends interest and produce thereof and do further will and desire that the said trustees or the survivor of them or the executor or administrator of such survivor shall permit the said James Wilson Fry after he shall attain the age of twenty-one years either to reside on the said land and cultivate it himself and receive the issues and profit thereof to his own use or to lease or rent the same for the best price and on the best terms he can which said rent the said trustees or the survivor of them or the executor or administrator of such survivor are to receive and sign acquittances and receipts therefor and shall pay over the same to the said James Wilson Fry and my will further is and I do hereby express declare and direct that if the said James Wilson Fry shall alien sell assign encumber or transfer or any in manner dispose of or anticipate lands or the rents issues or profit of the said lands or any part thereof or in case the said James Wilson Fry shall be removed during his minorily from the said county of Kanawha by his national or legal guardian or other person having control of him with intention of residing permanently elsewhere and from and immediately after such alienation sale assignment transfer or removal the said bequest do made of the said rents, issues and profits as aforesaid and the use and estate so given to the said trustee therein for the benefit of the said James Wilson Fry shall cease and be void to all intent and purposes as if the same had not been mentioned in this my will or as if the said James Wilson Fry were naturally dead and the said lands are to be divided into two equal parts or shares one of which parts the said trustees or the survivor of them or the executor or administrator of such survivor shall convey to my son Lewis D. Wilson and the whole other for the benefit of my granddaughter Jane Ann Fry subject to the several conditions limitations and provisions herein after expressed and declared of and concerning the same and my Will and mind further is that the said James Wilson Fry shall hereafter die without issue of his body lawfully begotten living the time of his death the trust herein above declared of the said lands shall cease and determine and the said land shall be divided into two equal ….. having regard to quantity and quality one … whereof of I do hereby direct the trustees of the survivors of the or the executor or administrator of such survivor to convey to my said son Lewis D Wilson and to hold the other … subject to the several conditions limitations and …. Hereinafter expressed and declared of and concerning the same for the benefit of my said granddaughter Jane Ann Fry… I do five and bequeath unto the said trustees or the survivor of them or the executor or administrator of such survivor ……Jane Ann Fry has attained to the age of twenty-one years or marry .. the …. Of … the said trustee or the survivor of them or the executor or the administrator of such survivor the said Jane Ann Fry to have receive and take the dividends … the sum of six thousand dollars … the dividend interest and proceeds which do accumulated there on in each and every year thereafter ……… life for her own sole … and … use and … or in any manner ..able to the debts engagements ….or …… of any husband whom the said Jane Ann Fry may happen to marry and I do hereby declare that the receipt and receipts of the said Jane Ann Fry shall be good and sufficient discharges for the said dividends interest and for … notwithstanding her coverlure Provides nevertheless that if the said Jane Ann Fry shall not be permitted within twelve months from the date to reside in the county of Kanawha or of after being permitted to reside in the said county she shall be removed therefor by her natural or legal guardian or other person having c… over her with interest that she shall abide permanently elsewhere or if the said Jane Ann Fry shall sell assign transfer encumber or in any manner dispose of or anticipate the said sum of six thousand dollars or the dividends interest and of the said sum of six thousand dollars or any part there of then and in either of such cases and from and immediately after such sale assignment … for encumbrance or removal the said bequest … of the said dividends in…. and be .. to … been mentioned in this my will .. as if the said Jane Ann Fry were unforseeable dead and the … of six thousand dollars together with the dividends interest and … .. shall be equally divided ..said son Lewis D Wilson and direct that the said trustees or the survivor of them or the executor or administrator of such survivor shall hold the other more in trust for the said James Wilson Fry under the same provided limitations and conditions as are hereinbefore forescribed for this his enjoyment of the rents and profits of the land herein before divided and bequeathed unto the said trustees in trust for the length of the said James Wilson Fry. And I do further declare and direct that if both the said James Wilson Fry and Jane Ann Fry shall die without issue of their bodes lawfully begotten liuing at the time of the of the survivors of them. The several and respective devises and bequests to the said trustees for their benefit shall cease and determine and the said trustee shall convey the lands hereon first mentioned to my said son Lewis D Wilson and pay over to him the rents and profits accrued there from and also … pay over to him the said sum of six thousand dollars together with the dividends interest and produce thereof and of the said Lewis D Wilson shall die without issue of his body … begotten living at the time of his death … and bequeath herein made to him shall cease and determine and the said trustees or the survivors of them the executor or administrator of such survivor shall hold the same equally for the benefit of the said James Wilson and Jane Ann Fry to be disposed of and managed in the same way and enjoyed by the said James Wilson Fry and June .. Fry under the same provided limitations and conditions as the other d… and bequests herein made for their benefit are to be enjoyed or if they be dead then for the benefit of their issue lawfully begotten or if said Lewis D Wilson, Jane Wilson Fry and Jane Ann Fry shall all die without issue of their bodies lawfully begotten living at the time of the death of the survivor of them the said devises and bequests herein made to them shall … and determine and … pass to my nephew James Wilson, son of my brother John Wilson his heirs and assigned forever And I do further declare and direct that the .. of the lands herein above decreed to the Jane Ann Fry in case the said James Wilson Fry will not comply with the conditions herein above imposed on him or in use he shall die without issue lawfully begotten living at the time of his death shall be held and managed by the said trustees in the same manner and be enjoyed by the said Jane Ann Fry under like provides … .. and could as are herein before in posed on her enjoyment of the dividends interest and produces of the sum of six thousand dollars

Item

I give and bequeath unto my said granddaughter Jane Ann Fry a negro woman named Harriet and her present and future inc.. to be enjoyed by the said Jane Ann Fry under the same provisions limitations and conditions as are herein before imposed on her enjoyment of the dividends interests and produce of the said sum of six thousand dollars and if the said Jane Ann Fry shall herein die without issue lawfully begotten living at the time of her death, the said Harriet and here future and present …. I give and bequeath unto my grandson James Wilson Fry under the same provisions limitations and conditions as are hereinafter imposed on his enjoyment of the rents and profits of the lands herein first mentioned.

Item

I give and bequeath unto my grandson James Wilson Fry a negro boy named Moses and after the death of Miss Ann Eve I give and bequeath unto a negro girl named Mary now in the possession of Miss Ann Eve and her future .. and direct that the said negro boy Moses and the said negro girl .. and her future .. shall be enjoyed by the said James Wilson Fry under the same provisions limitations and conditions as are herein before imposed on his enjoyment of the rents and profits of the land first herein mentioned and if the said James Wilson Fry shall herein die without issue lawfully begotten living at the time of his death the said boy, Moses and the said girl Mary and her future in… after the death of Miss Ann Eve I give and bequeath unto my said granddaughter Jane Ann Fry … the same provisions limitations and conditions as are herein before imposed on here enjoyment of the dividends interest and product of the said sum of six thousand dollars herein bequeathed to her.

Item

I do hereby give and bequeath to Miss Polly Farley who now lives with me the sum of one hundred dollars as a testimonial of my thanks to here for the kind attention she bestowed to my late wife during her last illness

Item

And .. to all the rest and residue of my estate whether or real or personal and what in whole or kind so ever and whatsoever ….. devise and bequeath the same unto my said son Lewis D Wilson

Item

I do hereby nominate and appoint my said son Lewis D Wilson and my friend John D Lewis executors of this my last will and testament hereby revoking and annulling my other will or wills or codicil or codicils thereto by me hereto for made. In testimony where of I have hereunto set my hand and affixed my seal this eighteenth day of March in the year of our Lord one thousand eight hundred and thirty five

The words lands or the "in the 10th line of the page the words sum of six thousand dollars or the in "I the 5th line of the 6th page …… before signed.

Signed Sealed published and declared by the said James Wilson as and for his last will and testament in our presence.

Ma.. Street. N W Calhoun, W Quarrier

At a Circuit Superior Court of Law of Chancery held for Kanawha County the 26th day of October 1835. This last will and testament of James Wilson deceased was presented in Court and proved by the Oaths of Madison Street Nathaniel Calhoun two of the subscribing witnesses thereto and was ordered to be recorded And on the motion of Lewis D Wilson & John D Lewis the Executors therein named who made Oath thereto And together with Joel Shrewsbury Levi .. R Cox Joel Shrewsbury in them securities entered into and acknowledged a bond in the penalty of forth thousand dollars conditioned as the law directs certification was granted them for obtaining a probate of the said will in due form And it was further ordered that James Craik Isaac Noyes William Gillison Frederick Brooks and John T Fawre or any three more of them being first duly sworn for that purpose before a Justice of the peace do truly and firstly appraise in current money the personal estate and slaves of the said deceased and return the appraisement under their hands to this Court. And a Codicil of the said will executed by the said deceased under his hand and seal and presented in Court with the said will was proved by the Oath of James A Lewis subscribing witness hereto wherefrom the Court took time until the day to consider thereof

And at a Circuit Superior Court held as aforesaid the 27th Day of October 1835

On application to admit to record the Codicil annexed to the will of James Wilson deceased which said will was on the day before ordered to be recorded. The Court considering that the said Codicil relates to the personablity of the said decedents estate only after mature deliberation ordered that the said Codicil be recorded. A W Quarrier, Clk

Codicil

It is my will and intention that if my Servant man Lige doth serve faithfully and attentively for three years from and after the first day January next that he then shall be free to all in..ence and purposes given under my had and sealed this 20th day of July eighteen hundred and thirty five.

Test James Wilson (Seal)

J A Lewis


(.....) Please note when you see these dots this means the microfilm could not be read (.....)


Transcribed from Microfilm by Tammy and Steve Barber.


USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation.


Back to Kanawha County Wills