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LAST WILLS, DEEDS & TESTAMENTS
INDEX
I Micheal Thrash of Napier in the county of Braxton and state of West virginia Merchant being of sound and disposing mind and memory do make publish and declare this to be my last will and testament, herby revokeing all former wills by me at any time hertofore made, As to my worldly estate and all the property both real and personal or mixed of which i shall die seized and possessed or to which I shall be entitled at the time of my decease, I devise bequeathe and dispose thereof in the manner following to wit: My will is that all my just debts and funeral expenses shall by my executor herinafter named be paid out of my estate as soon after my decease as shall by them be found convenient, I give devise and bequeath to my daughter Minerva Layman, ten dollors, to my daughter Mollie C. Allman I give ten dollors to my daughter Hannah L Hughs I give ten dollors, to my daughter Hellen E. Fox I give ten dollors, to my son Anthony W. Thrash I give ten dollors, to my son John W. Thrash I give ten dollors, to my daughter Addie Swisshr I give ten dollors, to my daughter Lydia Birch I give ten dollors, to my son Marion J. Thrash I give ten dollors, to my daughter Dora Thrash I give ten dollors, to my son Claud H. Thrash I give the residue of my property both real and personal Who is to comfortable support my wife Rachel Thrash dureing her natural life, in case the said Claud H. Thrash shall fail to comfortable support the said Rachel Thrash, she is herby authorized to take possession of sufficient property to secure the maintaince herin named, the amount of ten dollars to each of my ten children hertofore named shall be paid by my executor within two years after my death, and tastily I do nominate and appoint my son Claud H. Thrash, to the executor of this my last will and testament, without security, In witness wherof I the said Micheal Thrash, have to this my last will and testament subscribed my names and affixed my seal this 28 day of September 1903,
his Micheal x Thrash (seal) Mark
Signed sealed and published and declared by the said Michael Thrash as and for his last will and testament, in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses therto. (tics)
Mathew Walton, resideing at Napier Braxton county West Virginia. J. B, Norman, resideing at napier Braxton County West Virginia. Recorded October 7th, 1903.
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Ann (Buster) Wingfield Will
A copy of the will of Ann (Buster) Wingfield, wife of John M. Wingfield, and one of the great-great-great grandmothers of Marion and Howard Brady and of Adriel and Sharon Thrash.
I Ann Wingfield of the County of Albemarle and State of Virginia being in feble health but sound of mind and disposing memory. knowing the uncertainties of human life doth dispose of all my property in manner and for following: Item 1st I will all my Just debts be paid. Item 2nd. I give to my Grand Daughter Lucy Jane Dillard the sum of one hundred and fifty dollars in Cash. also one half of all the bed clothing. Table cloths towels [?] to which I am entitled. Item 3d. I give and bequeath to my Grand daughter Martha M. Herndon the sum of fifty dollars in money. Also the remaining half of all my bed cloths table cloths towels &c and in addition to this I give her my Riding Saddle. These special legacies I give to my grand Daughters above named in consideration of their kindness and attention to me during my sickness Item 4-- The remaining portion of my property I wish divided equally between all my children with these two exceptions. My daughter Sally R Hopkins is dead and has left four children--the portion to which she would be entitled I will shall be placed in the hands of my Executor to be equally distributed between her four children as their necessities my require. My daughter Mildred C. Abell has no child and is in feeble health the portion to which she my be entitled I leave in the hands of Richard Wingfield (my son & executor) the legal interest of which he shall pay to her during her natural life and at her death my said Exor shall appropriate it. principal & interest to the exclusive use and benefit of Sallie R. Hopkin's four children as their necessities my require and in any way that he may think best. Item 5th. I hereby appoint my son Richard Wingfield my sole Executor of this my last will and testament, hereby revoking all other wills. In witness whereby I hereunto set my hand and seal this 26th day of August 1855,
Witness her Wm. H. Turner Ann X Wingfield Thomas O Carr mark James H Shephard Probated Jan. 7, 1856
Recorded in Will Book #23, Page 486, Albemarle County, Virginia (Charlottesville) Married 12-28-1797. Children mentioned in the will of John M. Wingfield and his wife Ann (Buster) Wingfield. His will Probated in 1849, hers in 1856: Richard S. Wingfield, executor of both wills. Edward C. Wingfield, executor, with his brother, of his father's will. Robert C. Wingfield, our ancestor John B. Wingfield, deceased before the death of either parent, daughter Mary C. Mildred C. Lobban, widowed or divorced at time of fathers will, married Abell before the writing of her mother's will. Sallie R. Hopkins, deceased before the death of her mother. JACOB CHRISLIB (I) WILL
Will of Jacob Chrislib or Crislip, written April 14, 1821 and probated in the March Court of 1822. It is recorded in Will book #3, pages 29-31, at the Harrison County Court House, in Clarksburg, W. Va. In the body of the will the name is "Crislip" but is signed, "Chrislib." I have tried to copy this exactly as the will was written, without making corrections of any kind, except to boldface the name of our ancestor.
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I Jacob Crislip of the County of Harrison in the State of Virginia do hereby make my last will and testament In manner and form following that is to say, (First) I desire that all the perishable part of my estate be immediately sold after my decease and out of the money arising therefrom all my just debts and funeral expenses be paid -- (Secondly) After the payment of my debts and funeral expenses I give to my wife Nancy Crislip the entire possession of my dwelling house, kitchen and other out houses, together with all the dresses(?) furniture at present belonging to the said dwelling house, also one big kettle, one small oven, and one tea kettle one bed and furniture thereof also one horse beast to use at her will also that my executors hereafter named do find and provide for my said wife Nancy a comfortable and decent maintenance out of my estate during her natural life. Also it is my will and desire that my lands remain unsold and undivided during the natural life of my wife Nancy. Also I desire that during the time my wife Nancy survive me, my three sons to wit, William, Abraham, & Samuel do hold possession of all my lands to improve or cultivate at their will and for their profit and benefit inclusive of the said Maintenance of my wife Nancy during her natural life. Also that my son Isaac do hold possession of his smith shop during the said time at his will - (Thirdly) I desire that after the decease of my wife Nancy all of my lands be sold at public sale, and out of the moneys thence arising after paying to my two sons William & Abraham fifty dollars each, the balance be equally divided among my seven sons. To wit George, Jacob, John, William, & Abraham, Isaac & Samuel, after paying Ten (?) dollars to my Daughter Mary, also Five dollars to my Grandson George Crowscoe (?) -- also five dollars to my Grandson Jacob Reed also Ten dollars to my daughter Nancy Owrs, also to my Daughters Patty & Sally ten dollars each, also I desire that my said daughters Patty and Sally have out of my personal estate One Cow, One Bed & furniture thereof and one Spinning wheel each also that my Grandson James Oconner have one horse beast and saddle & a new suit of clothes to be given to him when he comes to be twenty one years of age. (Fourthly)- all the rest of my estate both real and Personal of what nature or kind soever it might be not herein particularly disposed of I desire that it be equally divided - among my several sons hereinfore named which I give to them, their heirs executors administrators and assigns forever. And (Lastly) I do hereby constitute and appoint my friend Samuel Hall and my son William Crislip executors of this my last will and testament hereby revoking all other or former wills or testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this 14th day of April in the year of our Lord 1821 Signed, sealed and declared in the presence Jacob Chrislib (seal) of us- David Hall March Court 1822 proved Samuel C. Hall ordered to be recorded
WILL OF JOHN M. WINGFIELD
I, John M. Wingfield of Albemarle County and State of Virginia, being in feeble health, but sound in mind and memory do make and ordain this my last Will and Testament, revoking all others of whatever kind or sort: In the name of God Amen, after yeilding my life and being to my Great Creator who fast gave it me, I then bequeath my Estate both real & personal as follows Viz: Item 1 - After first paying all the just debts I owe, I give to my beloved wife Ann Wingfield during her natural life, the following property, real and Personal Viz: All the tract of land on which I now reside; together with the following negroes: & other personal Estate - Slaves Mat, Sam, Jack, Sarah, George, Julie & old Nan, and four choice horses, one Choice Wagon and gear, my borouche & harness three choice cows and calves, twelve choice sheep, two thousand Pounds of Pork, two sous and pigs, ten shoats and such plantation utensels as she may need & all the household and kitchen furniture one hundred Barrells of Corn, one hundred Bushels wheat, one hundred Bushels of oats, and what rough food she may desire to Keep; The whole of which property both real and personal (except the negroes) shall at the death of my wife be sold by my executors and they are hereby authorized and empowered to make a good and valid right and deed of conveyance to the same The Negroes I wish divided into lots as equal as practicable and some or all my children to take them at valuation price & be paid for by them, so as to give to all an equal amount or value--then the proceeds of the afore named property shall be divided equally between my children and Mary Caroline Wingfield, daughter of my son John B. Wingfield dec (who is to have an equal share with each of my children in my whole Estate)-In the division of the dower negroes the old woman Nan is excepted, as she is to be allowed to choose a home with either of my children, be free and supported out of my Estate: Item 2 -- I desire all the property (except the negroes) to be sold as soon as convenient after the installment of the executors and the proceeds of such sale to be divided equally amongst all my children and Mary C Wingfield (My Grand-daughter) as before noted. And the negroes to be divided into equal parcels amongst all my children and Mary C. Wingfield and not sold, as I do not desire they should go out of the family. Item 3 -- I desire that my wife pay to Robert C. Wingfield [*] my son, during her natural life Seventy five dollars annually ore of the crops made on the farm, which is over and above the amounts my other children gets on account of his (Robert C Wingfields) misfortunes. Item 4 - I desire that my daughter Mildred C Lobban [**] reside with her mother during the single life of the said Mildred C Lobban-free From any charge for board Item 5 - I desire that my son Richard W Wingfield have the management of his mothers property during his life and all her business. Item 6 -- If Mary Caroline Wingfield should die without one lawful heir of her body, all the property which I have willed to her, shall return to my Estate and be equally divided amongst all my children Item 7 -- All the legacy which I have left to Mary Caroline Wingfield shall be in trust in the hands of Richard W. Wingfield Item 8 - I desire that all Property which I have heretofore given my children and all the money which I have paid for them, shall be accounted for, by them in the settlement of my Estate, at the price named in a small book to be found amongst my papers, all share and share alike with the exceptions heretofore named (the book spoken of is in the hands of S O Moon) Item 9 - And lastly-I constitute and appoint my beloved & much esteemed sons Richard M Wingfield & Edward C Wingfield my executors to this my last Will and Testament. In witness whereof I have hereunto Set my hand & affixed my seal this 9-day of July 1849. John M Wingfield (Seal) Witnesses Probated August term of court 1849. S O Moon Thomas Q Can Wm. H Turner.
* The Robert C. Wingfield referred to in Item 3 is Marion and Howard Brady great-great grandfather; the same relationship to Adriel and Sharon Thrash Schaible. The misfortune of our ancestor would have puzzled me, when I found this will in 1977, had I not copied the account of his crippling injury when he was thrown from a horse, in my "Family Book" See excerpt from A History of Madison Co, Ohio, by Chester E. Bryan, published in 1915 (previously quoted). ** Mildred Lobban married an Abell before the death of her mother. LAST WILL of JOHN THRASH (III)
In the name of God, Amen I, John Thrash, of the county of Harrison and State of West Virginia do make and publish this my last will and testament, hereby revoking end making all former wills by me at any time heretofore made. And First I direct that my body be decently interred, and also such worldly estate as it has pleased God to intrust me with. I dispose of the same as follows: I direct that all my debts and funeral expenses be paid as soon as possible after my decease out of the first moneys that shall come into the hands of my Executors. 1. I give and bequeath to my wife Prudence, the house and land on which it stands, together with the household and kitchen furniture. Also, one cow and one gray mare and her maintenance during her natural fife. 2. I give and bequeath to my son Worthington. Eighty acres, more or less, of land being the same land on which I now reside, on condition that he pay to my Executor, six hundred & sixty six and two-third dollars, within five years after my decease or sooner if he wishes to do so. And also that he pay one-third of Twelve Hundred dollars with its interest payable in the years Eighteen Hundred seventy eight and Eighteen hundred and seventy nine and Eighteen hundred eighty. 3. I give to my son Joseph S. Thrash, seventy nine acres of land (which I Purchased of Elza Cummins, lying on the head of the run on which I now live) on condition that he pay my Executor six hundred and sixty six and two thirds dollars within five years after my decease, or sooner if he wishes to do so. And also that he pay one third of twelve hundred dollars, with its interest, payable in October, Eighteen hundred & seventy eight, & October, Eighteen hundred seventy nine and Eighteen hundred and eighty. 4. 1 give and bequeath to my son Nathaniel G. Thrash, fifty three acres of land (also lying on the run on which I live and purchased from Elza Cummins) on condition that he pay to my Executor, six hundred and sixty six and two third dollars, within five years after my decease or sooner if he wishes to do so. Also that he pay one third of Twelve hundred dollars with its interest payable in October, Eighteen hundred and seventy eight and October Eighteen hundred and seventy nine and Eighteen hundred eighty and I also direct that my three sons, Worthington, Joseph B. and Nathaniel G. Thrash, to whom I have bequeathed land are bound for the maintenance of myself and wife. 5. I give to my son Richard, two hundred dollars in cash. 6. I give to my son Jacob, two hundred dollars in cash, 7. 1 give to my son William, two hundred dollars cash. 8. I give to my daughter Katherine Watson's heirs two hundred dollars. 9. I give to my daughter Eliza Armstrong two hundred & fifty dollars. 10. I give to my son Michael, Three hundred dollars. [Marion and Howard Brady and Adriel Thrash and Sharon Thrash Schaible's great grandfather.] 11. I give to my son John, One hundred dollars. 12. I give to my son David, One hundred dollars. 13. I give to my son Jackson, two hundred dollars. 14. I give to my daughter Laverna, two hundred and fifty dollars. I also direct that my son David Thrash, be sole Executor of this my last will & testament. In Witness whereof, I, John Thrash, the testator, have to this my will written on one sheet of paper, set my hand and seal this eighteenth day of March, in the year of our Lord, eighteen hundred and seventy eight. John Thrash (Seal) Signed, sealed and delivered in the presence of us who have subscribed in presence of each other. Allen Lewis Peter Queen James L. Jenkins
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This is a codicil to my last will and testament, bearing date March 18, Eighteen hundred and seventy eight, and which I direct to be taken as part thereof. 1. I give, bequeath and devise to my two sons Joseph Warren and Nathan Green, one wagon, one harrow, and one cider mill, together with the balance of my farming utensils. As witness my hand and seal this twentieth day of January, eighteen hundred eighty three. John Thrash (seal) Signed, sealed and delivered in the presence of us who have subscribed in the presence of each other. Allen Lewis James L. Jenkins Probated March 13, 1888
(In the body of his fathers will Nathaniel is written as his Son, Nathaniel G., and in the Codicil to the will he is named as Nathan Green. The will was probated March 13,1888. It is recorded in Will Book #7, on pages 173 and 174, in the Harrison County (W. Va.) Court house, Located in Clarksburg.) A notation in the court records of Rockingham County, Va., states that land was transferred from a "Thrush" to B. Huffman in 1803, but that the deed was lost or burned during the court house fire.
THE WILL OF WILLIAM CHRISLIP, 1847
This is a copy of the will of one of my great-grandfathers. Written April 8, 1847 and probated in Barbour County Court at the May term of the same year. It is recorded in book #1, page 16. My great-grandfather bought all the 50 acres in one tract, which he and his six brothers had received by will from their father, Jacob Chrislib. Shortly before his death, he bought another 300 acres from his brother Samuel and wife Eleanor Jane. The cost was $217.08. He paid $50.00, and the remainder was to be paid in two annual payments. This transaction took place March 26, 1847. His will was written about two weeks later and probated less than two months after it was written. It seems odd that he would be buying land on time payments if he thought his death was impending. Was his death unexpected, or was he making better provision for his family because he knew he would not live long? I wonder!
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I William Crislip of the County of Barbour and state of Virginia, do hereby make my last will and testament, in the manner and form following To wit, First: I desire, that all my lands shall remain in the entire possession, and under the controll, and for the only use of my wife, Hannah to farm, lease rent or manage in any way whatsoever to the best of her skill and ability in the purpose of her own comfort, and living, and for the comfort and living and raising of my children during her natural life. Furthermore, I desire that she shall have all the farming utensils, House hold and Kitchen furniture, with entire possession of all the houses and outer buildings with all things appertaining thereto to have and to hold and manage at her own will and discretion So long as she shall live after my decease. I also give and bequeath to her my bay Baldfaced Horse and two milch cows also three head of hogs furthermore: I desire that after the decease if my Wife Hannah, that my son Perrygreen shall have fifty acres of land off the southeast end of my faun on which he lives by paying three hundred dollars to my daughters first therein named as follows, to my daughter Barbara one hundred dollars and to my daughter Drusilla one hundred dollars and to my daughter Hannah one hundred dollars. Furthermore, I desire that my son Johnson Shall have thirty acres of land off of the northwest end of my farm so as to include the house (after the decease of my wife Hannah) by paying one hundred and fifty dollars, as follows, to my daughter Rachel one hundred dollars, the remaining fifty dollars to my daughter Sarah in addition to what I have already given her. The remaining part of my land, I give to my son William Tamer, by his paying two hundred and fifty dollars, as follows: to my daughter Minerva, one hundred dollars, to my daughter Susannah, one hundred dollars, and the remaining fifty dollars to be equally divided between my four youngest daughters Hannah, Rachel, Minerva and Susannah to be appropriated in bedding to their use. Lastly, I do hereby constitute my friend Aquilla Ward and my wife Hannah Crislip Executors of this my last will and Testament, hereby making all other or former wills or testaments by me heretofore made null and void. Signed in presence of John Ward April 8th, 1847 Aquila Ward John N. Hall William X Chrislib
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December 17, 1978 Photostatic copies of the following legal papers are now in our possession. 1. The will of my great-great-grandfather, Jacob Crislip. The last name is not always spelled the same way, even though the same person is involved. This will is dated April 14, 1821, and probated in the March term of court of 1822. It is recorded in Will Book 3, pages 29 to 31, at the Harrison County, W. Va., Court House in Clarksburg, W. Va. (See Page 59, Thrash section.) 2. The Deed, or Indenture, for 50 acres of land inherited by the seven sons of the above Jacob Crislip. Six of the brothers deeded their share of the land to the other brother, William Crislip, William is one of my great-grandfathers. The deed is signed by the six brothers and three wives. Namely: George, Mary, Jacob (H), Elizabeth, John, Margaret, Abmhatn, Samuel, and Isaac. (All Crislips.) 3. Another deed to William Chrislip, last name spelled with an "h" all through this document This deed was from Samuel Crislip and his wife, Eleanor Jane, for 300 acres of land, on the waters of Limestone Creek, in the County of Harrison, Va. (Later W. Va.) It was dated March 26, 1847, and witnessed by two justices in Barbour County the next day. It was probated in Harrison County, W. Va., March 30, 1847. 4. The will of my great-grandfather, William Crislip (above), dated April 8, 1847, and probated in the May term of court of that year. It is recorded in book 1, page 16, in the Barbour County Court House, Philippi, W. Va. (See Page 60, Thrash Section.) 5. A deed from my great-grandfather, Robert Henderson and wife, Lucinda, to their son, William Warder Henderson, my grandfather. This deed was for the 1/8 interest in land which Robert Henderson inherited from his father, William Henderson. This deed is recorded in D'd Book 13, page 165, in Nelson County, Virginia. It is dated April 29, 1850 and recorded February 24, 1851. (We secured a photo static copy of the original document October 4, 1977.) 6. The will of one of my great-great-grandfathers, John M. Wingfield, dated 7-9-1849, and probated 8-6-1849. Recorded in D'd-Will Book 19, Pages 151 and 152, in Albemerle County, Virginia. The court house is in Charlottesville. (See Page 69 of the Thrash Section.) 7. The will of the wife of John M. Wingfield, Ann (Buster) Wingfield, recorded in book 23, page 486. Her will is dated 8-26-1855 and Probated 1-7-1856. Their children are listed in both wills. (Her will is on Page 71 of the Thrash Section.) 8. John M. Wingfield and Amt Buster's wedding bond was secured 12-28-1797. The family is also listed on page 320 D, in "Index to Miscellaneous Papers," by W. L. Maupin. 9. A "Deed of Gift" by my great-great-grandmother, Elizabeth Lobban, to her children, dated 1-6-1827. Recorded 5-28-1827, recorded in Book 6, Page 103. (See pages 84-85). Nelson County Court House, Lovinston, Va. 10. Lillie J. Henderson’s and Marion James Thrash's marriage license, Book 3, Braxton County, W. Va., at Sutton. The license states they were married at the home of E. A. Henderson. (Elizabeth Amt Henderson, my mother's mother. Her husband had died before Lillie's marriage.) ELIZABETH LOBBAN DEED
We secured a photostatic copy of this instrument, which was in the archives of the County of Nelson, Virginia, at Lovingston. The workers in this Court House were especially helpful. They suggested that we might want a copy of the original which would be stored, if the family had not come back for it. We were able to get copies of two original documents. A scribes copy is in Deed Book #6, page 103. This instrument is called "A Deed of Gift," and was either written or dictated by Elizabeth Lobban. It was written January 6, 1827, and recorded May 28, 1827. This was probably used as a will after her death. This was signed by all the children, and by Robert C. Henderson, who was the husband of Lucinda Lobben, on the day on which it was written. I wonder if the mark (X) was required up until a certain date, at least in some states. The signatures of the seven, and also the three witnesses, are all different, but all also used the mark. Lucinda Lobban Henderson was the great-great-great-grandmother of Marion and Howard Brady, Adriel B. Thrash and Sharon Thrash Schaible.
(Copied as nearly as possible to the original - no errors corrected.)
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A DEED OF GIFT
Know all men by these presents, that I Elizabeth Lobban of the county of Nelson and State of Virginia, being actuated by motives of generosity, prudence and natural duty toward my children, viz. Mildred Lobban, Susanna S. Lobban, Alexander H. Lobban, Jane M. Lobban, Rhoda I. Lobban, and Lucinda Henderson (formerly Lucinda Lobban) and for and in consideration of the natural love and affection which I bear to my Said children, as well as for the further Consideration of the Sum of One Dollar to me in hand paid by them, at and before the ensealing and delivery of these presents, (the receipt whereof is hereby acknowledged, and given and granted, and by these presents do give and grant unto the Said Mildred, Susanna, Alexander, Jane, Rhoda & Lucinda, their executors, administrators and asigns, the following property, to wit, three negro Slaves, named Nancy, William and Kitty, being a negro woman, a boy and a girl; but not to be in the possession of my Said children (or any of them) nor belong to them (or any of them) nor to be owned or enjoyed by them in any manner, or upon any pretence whatever until after my death; and then to have and to hold, the Said negro Slaves unto my aforesaid children, forever, together with all the future increse of Said Slaves, which I also give and grant to my Said children in like manner: hereby retaining and reserving to myself a life estate in Said Slaves and their future increase; with all the privileges and advantages incident to a life estate, in as full extent as if this deed had never been executed: and it is also hereby declared to be true intent and meaning of this deed that at my death as aforesaid (and not before) the Said negro Slaves, and all their future increase, are then to be possessed, owned and enjoyed by Said children, their exors. admrs. & in the Same manner, and in as full extent as if the life estate as aforesaid, had not been reserved: (however nothing herein contained is to be so construed as to effect or interfere with said life estate or any thing incident thereto.) And the said Elizabeth Lobban, for herself, her exors and administrators, the Said negro Slaves, and their increase (if any) unto the Said Mildred, Susanne, Alexander, Jane, Rhoda & Linda, their exors. & assigns. against the claims of her the Said Elizabeth Lobban, her exers. & assigns. (Except her life estate as aforesaid) and against the claim or claims of all and every person or persons whatsoever shall and will warrant and forever defend every person or persons whatsoever by their presents. In witness Whereof the Said Elizabeth Lobban, has hereunto set her hand and affixed her seal this 6th day of January 1827.
her Witness Elizabeth X Lobban (seal) John B. Spice mark John M. Fatter Hardin P. Smith
(When I studied this instrument I got a very clear picture of my great-great grandmother, Elizabeth Lobban as being a very strong, independent widow. I think her children were using her slaves without her permission and she was giving them to understand that she was still the owner and boss of said slaves, although they would inherit them at her death. I was amused by the signatures also. Some looked like they signed under duress. My great-grandmother, Lucinda Lobban Henderson's, husband was the only spouse signing the deed of gift. Surely others were married. Did the spouses just refuse to sign? I wonder! ETB]
Samuel Brady - 1824 (Marriage Contract & also Last Will)(This information was received by email from Brian Brady (babrady @ shaw.ca) January 27th, 2007) Download a copy of the Email- 1824-Marriage-Contract_Last-Will-of-Samuel-Brady.pdf Hello Howard and Robert, Here are transcripts of the 1824 Marriage Contract and the Will of Samuel Brady, as done by Debbra (3rd cousin brady from William Henry Brady line). Note that the X in the will is Samuel’s mark…he was incapable of signing his name at the time, definitely a deathbed will, as he was able to sign his name when he was married. the red (request) was inserted by Debbra, the ( ) in blue are what I could make out. Will send you both the original scan once we find out which relative has the best copy to reproduce. Will likely be mid Feb before everyone is contacted. Also we have cleared up a mystery regarding John Allen Brady jr…have a probate of a will of a John Brady dec 15 Jul 1915, and it was in a file with an 1874 probate of John Allen Brady Sr from Osawatomie Kansas regarding a 40 acre parcel disposition…after careful checking the second document is not JAB jr, but another John Brady born much earlier…his widow (Mercy Elizabeth Hart maiden name) is a second wife married in 1907 and all the children are from his first wife. Unfortunately this means we are still looking for John Allen Brady jr born 1874 Osawatomie Kansas…rumor is he also remarried after 1905 return to the US to a woman named Winnie (no last), and possibly died in Texas. I will continue to search. From: Richard Brown Thanks for the information on Samuel's parent's and siblings. My copies of the marriage contract and the will aren't too bad. I can read them. I'll get copies to you. I thought that Samuel's father was John Brady! Aunt Myrtle had copies of military records in her book for John Brady. I'll have to check and see if they could be the same John Brady... I'll see if I can scan them to you. If not, do you have an address that I can send them to? Marriage Contract KNOW ALL MEN BY THESE PRESENTS, THAT WE (Samuel Brady and Andrew Yeager) do hold and firmly bound unto James Pleasant Jr. Esquire, Governor or the Commonwealth of Virginia, for the time being, and his successors, for the use of the said Commonwealth, in the sum of One Hundred and Fifty Dollars; to with payment well and truly to be made, we bind ourselves, our, and each of our heirs, executors and administrators, jointly and severely, by these pre(sent)-? sealed with our seals, and dated the 17 day of March 1824. WHEREAS, a Marriage is suddenly intended to be had and solemnized between Samuel Brady and Pheby Yeager Now the condition of the above obligation is such, that if there be no willful cause, or just impediment to obstruct the said marriage, then the above obligation to be void, else to remain in full force and virtue. Legal and acknowledged in Samuel Brady (seal) the presence of Andrew Yeager (seal) Josiah Beard, Clk. Know all men by these presence that I Samuel Brady of the County of Pocahontas and state of Virginia . Knowing the uncertainty of life and the certainty of death make this as my last will and testament. And by this revoke all former wills and conveyances, having before made a will and special contract conveying to my son Wm H. Brady the land on which I now reside with the understanding (which deed or title form sets forth) that he preform certain obligations which he has utterly failed in doing and still continues to do. I therefore make this my last will and (request)? is and expect is to be enforced by those coming after me. I will to my children after all my legal and just debts are paid my property as hereafter named . I will to my son or to Gustavas L. Brady and Saml A. Moore as trustee for my son Jas. W. Brady support and maintenance 100 acres off of the East End of the place and at the death of my son Jas. W. Brady any thing that may be left of said 100 acres to be the property of G.L. Brady and S.A. Moore after he has been provided for his during his life time to Wm H. Brady, G.L. Brady, Cristine M. Moore, Margaret G., Grimes shall distribute and divide equally between them and the legal representatives for the faithful performances of the above I hereby appoint J.W. Marshall as my executor to carry this will into effect . (and) ?to further that if the 100 acres set apart for my son James will not be taken charge of by G.L. Brady and S.A. Moore said executor Pg. 2 shall sell (said) cd? land and appropriate said proceeding from sale to support of Jas. W. Brady but if they or either of them obligate themselves or give Brady, J.W. his support they to take and ? appr(opr)iate to their use at my death said 100 acres of ? this 100 acres to include the houses and the improvements on the bottom. For the faithful performance of the above I enjoin on all to ? and sign and seal in the presence of the subscribing witnesses. Witnesses (his mark) John Ligan Samuel X Brady Wm. M. Boyd J.W. Marshall County Clerks Office for the County of ? on the 29th day of April 1879. This writing purporting to be the last will and testament of Samuel Brady, deed late of County aforesaid was this day presented in the clerks office and proven in the oaths of John Ligan and J.W. Marshall subscribing witnesses thereto and ordered to recorded - which is accordingly done. John J. Beard Clk (They had Wm. M. Boyd's name included in the statement above but they crossed it out.) Let me know if any of this makes any sense to you. Some of that will was pretty hard to read on page two. Not to mention that the sentences seemed not to make a lot of sense in some parts of it. Did you know that James W. Brady was retarded? That's why they wanted him cared for. Until I hear from you, Cousin Debbra
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