U.S. Data Repository http://www.us-data.org/ -- USGenNet Inc. -- Please read the U.S. Data Repository Copyright Statement on the following page: ===================================================================== Will of Jacob Davidson (will dated 10 April 1856) ===================================================================== SOURCE: FamilySearch.org, Historical Records Collections West Virginia Will Books, 1756-1971 Marion County Will book, v. 001 1845-1880 > images 23-25 of 46 Pages 4-7 Transcribed and submitted by: Glenda Thompson ===================================================================== In the name of God amen. I, Jacob Davidson of Redstone Township Fayette county State of Pennsylvania being far advanced in life and at present weak in body, but of sound mind and memory and understanding feeling conscious of the certainty of death and the uncertainty of life, make and publish this my last will and testament revoking all former wills made by me at any time heretofore. First I commend my sould to God who gave it and my body to the Earth to be burried in a respectable manner: as to such worldly estate as it hath pleased God to entrust me with I dispose of the same in manner follow- ing, to wit: I will and bequeath to my beloved wife Mary Davidson One thousand dollars in cash also all my household property of whatsoever it may conist, all of which is to be absolutely hers and at her dis- posal, and also I reserve for her use during her natural life that por- tion of my mansion house occupied by me at present that is one room on the first floor and one room on the second floor, the kitchen and that portion of the cellar now used by me, the wood and coal necessary for the use of my wife during her life is to be fur- nished by my son, Jacob Davidson who occupies my homestead plantation and with whom I have entered into a certain agree- ment dat 5th day of February 1851, which paper or covenant is in my possession, it is my will that my sons Samuel, Jacob, Joseph and Henry and my daughters Catherine and Sarah be made equal shares of my Estate, they each accounting for what they and each of them have received from me at different times in land and in money as by receipt and accounts in my possession may show. I will and bequeath to the children of Jacob Baker by my daughter Elizabeth, eighteen hundred dollars provided their father Jacob Baker pays them nineteen hundred dollars or secures that amount to them by mortgage or other free hold se- curity, this legacy to be paid equally between said children as they arrive at the age of twenty-one years. I will and be- queath to my two grand daughters Maria and Harriet Young the full amount of my claim against John Young their father supposed to amount to sixteen hundred dollars share and share alike and it is my wish and desire and for that purpose I authorize my Executors hereinafter named to collect said claims and place it upon interest with sufficient security until the said Maria and Harriet arrives at the age of twenty-years at which time they are to pay this amount to them in equal proportions but if either should die before that age the survivor is to receive the share of her that is deceased and if both should die before they arrive at the age mentioned then the said sum is to be divided equally between my children then living. I will that the dividends of thirty-seven shares of the capital stock of the Monongahela Bank of Brownsville be applied to the payment of the Widow Fulton's dower in the tract of land sold to my son Joseph Davidson or so much of said dividends as will be sufficient for that purpose and at the death of the said Widow Fulton (now the wife of Clark Ely) the said thirty-seven shares of Bank stock is to be sold by my Executors and the proceeds applied to the payment of nine hundred and thirty three dollars and nine cents, to the heirs of John Fulton late deceased or their representatives. It is my will that within one year after my decease my Executors proceed to equa- lize the portions going to each of my sons and daughters bbefore herein named by settling with each one, charging them with the land that I sold to them and the several sums of money and articles got by them at different times from me, the carriage got by Sarah is to be valued at one hundred dollars and that they (my Executors) ivide if practicable my Bank Stock and my navigation Stock in the Monongahela Navigation Company, my notes of hand from sundry persons, and what cash there may be on hand at my decease among my children so as to make their shares equal of such division connot be made to satisfy them then my Executors must proceed to sell said stocks and collect the notes that they may be enabled to pay off all my children named as soon after the expiration of one year after my decease as my seem to them convenient. I hereby constitute and appoint my sons Samuel Davidson & Jacob Davidson my Exec- utors of this my last will and testament hoping they may fully carry out my wishes herein expressed. In testimony of which I have hereunto set my hand and affixed by seal the tenth day of April Anno Domini One thousand eight hundred and fifth-six. Signed sealed and acknowledged in presence} Jacob Davidson (seal) of us at the especial reequest and in the } presence of the testator. } Geo. Craft, W. L. Lafferty Codicil Having omitted to mention in the body of my Will (as signed and sealed within) a certain house and lot situated in the Borough of Brownsville, it is my will that my Executors make sale of said house and lot within one year after my decease or as soon thereafter as to them may seem the best time to dispose of the same, and di- vide the proceeds equally between my children living and named in the body of my will and I hereby empower my Executors to make a deed to the purchasor from the sheriffs deed which I hold. I hereby also direct my Executors to take a correct ac- count of the land and other property given to each of my children in making a true and equal distribution among them the purl- chase money of each tract of land is mentioned in the several deeds of conveyance made by me to them this my Codicil to my last will must be considered as a part of my will and my Executors are hereby authorized to execute it as though it were in the foregoing will. In testimony whereof I have set my hand and seal the twelfth day of April A.D. 1856. Signed and sealed in presence of the Jacob Davidson (seal) testator and at his especial request. Daniel C. Phillips, Geo. Craft. Fayette County SS. {Registers seal } { of } Be it known that on the 21st day of April ( Fayette County } A.D. 1856 personally appeared before me Jno Collins Register for the Probate of Wills and granting letters of Administration in & for said county, George Craft & W. L. Lafferty the subscribing witnesses to the foregoing last will & testament of Jacob Davidson late of Red- stone Township in said county - dec'd and on their solemn affirmations did respectively declare that they heard the testator say that he did sign and seal and heard him declare the same to be his last will & testament when of sound mind & understanding that they know of no undue influence used to cause him to make the same, no later Will made by said deceased only the "Codicil" attach- ed and that they subscribed their names as witnesses to said Will in his presence and at his request & in the presence of each other and at the date of this probate also appeared George Craft who was affirmed & Daniel C. Phillips who was sworn, the subscribing witnesses to the foregoing Codicil to the last will & testament of Jacob Davidson aforesaid dec'd and respectively declare that they saw the testator sign, seal and heard him declare the said Codicil as a part of his last will & testament when of sound mind & understanding that they know of no undue influence used, or later Will made by said deceased & that they subscribed their names as witnesses to said Codicil at his request in his presence and in the presence of each other. In testimony whereof I have hereunto set my hand & seal of the Registers Office of said County this 21 first day of April A.D. 1856 Jno Collins, Register Letters granted May the 6th 1856 to the Executor within named who were affirmed. Fayette County SS. I Jno Collins, Register for the Probate of Wills & granting Letters of administration & in and for the County of Fayette in the State of Pennsylvania do certify that the foregoing is a true copy of the last Will & Codicil of Jacob Davidson of said County deceased as also of the Probate of the same as Registered in the Registers Office at Uniontown, Fayette County in Will Book No. 3 Pages 228, 229 & 230. In testimony whereof I have hereunto set my hand and affixed the seal of the Registers Office of said County this 13th day of June 1856. Jno. Collins Register The interlineation of the word "made" in the Probate is correct in the record, Jno. Collins Register Commonwealth of Pennsylvania } Fayette County } SS. I Samuel A. Gilmore Pre- sident Judge of the Fourteenth Judicial District composed of the Counties of Washington, Fayette and Green do certify that Jno Collins the afresaid Register is the proper Officer for the Probate of Wills & granting of Letters of Administration in and for the County of Fayette aforesaid duly elected & Commissioned as such and that his certificate attached to the foregoing copy is made in due form of law. Witness my hand and seal this 16th day of June A.D. 1856. Samuel A. Gilmre (seal) Past Judge. State of Pennsylvania } Fayette County } SS. I, Jno Collins Register for the County of Fayette in the Fourteenth Judicial Dis- trict of Penna do hereby certify that Samuel A. Gilmroe Esqr is the President Judge in said district and that the above signature pur- porting to be his is in his own proper handwriting In testimony whereof I have herunto set my hand and seal of the Registered office of said County this 16th day of June A.D. 1856. Jno. Collins Register Virginia to wit: At a Circuit Court held for the county of Marion at the court house of said county on the 17th day of June 1856. An authenticated copy of the last will and testament of Jacob Davidson deceased together with a certificate of probate thereof from the Register of Wills of Fayette County in the State of Pennsylvania was this day presented to the court and is ordered to be admitted to probate as a will of real and personal estate in this state. Attest. T. G. Watson, Clerk. ===================================================================== If you've reached this file through a SEARCH, you can access other files for Marion County, WV by going to the following URL: http://www.us-data.org/wv/marion/ =====================================================================