In the name of God Amen
I Joseph Graham of Monroe County and the State of Va. do make & ordin
this my last Will and Testament in the following way and in the first place
I give to my beloved wife Rebecca the One third of all my personal property,
and also any use she may have of Need of any part of my land that m[a]y
lie in possession of her children, during her life in proportion to what
the[y] possess. And in the 2nd place I give to my Daughter Betsey Ballenger
One hundred acres of land where she now lives to be laid off according
to a writing in her feavur and not to be of the two hundred and eighty
six survey which is given by her Grandfather's will to her mother. I also
give to my Daughter Florence Nowlin ten Dollars worth of property. I also
give to my Daughter Jane and her Daughter Martha each One Dollar a piece,
and and [sic] the rest of my Estate personal to be divided equelly among
my foar sons and the the [sic] children of my daughter Rebecca Ballengee
and if the should all die without isue their part of my Estate is to be
divided among my Sons and their heirs as the case may be. Given under my
hand and seal this 26th day of September 1854.
Joseph Graham
his hand and
[Seal]
Teste
John R. Ballengee
Rosanna Ballengee
Having made my last Will and Testament of my Estate real and personal 26th day of September 1854 and in the sd. will I have bequeathed two thirds of sd.Estate to my four sons and they [sic] three children of my Daughter Rebecca Ballengee, and I hereby reboke [sic] that share of sd. Estate which is left to my Son Lanty Graham and after all my debts are paid the ballance to be devided amoung the Sons and Rebecca's Children, as Witness my hand and seal this 18th day of October 1854.
Joseph Graham
his [Seal]
in the presense of us.
Rosanna Balengee
John R. Ballengee
At Monroe Circuit Court
May Term 1859
A Writing purporting the last Will and Testament of Joseph Graham deceased together with a codicil thereto was presented in Court by John Graham, David Graham, & James Graham in order to be proved: Whereupon on hearing as will the said John, David & James Graham by their attorney, as John Nowlin & Florence his wife by their attorney, it is ordered that the said will be Contested on the first day of the next term, and is Ordered that John Nowlin and Florence his wife, Lanty Graham & Martha Miller be summoned to appear here on the said 1st day of the next Term of this Court to shew cause why the said will should not be recorded.
A Copy Teste
Geo. W. Hutchinson Clerk
At Monroe Circuit Court
May Term 1859
A Writing purporting to be the last Will and Testament of Joseph Graham
decd. bearing date the 26th day of September 1854 together with a Codicil
thereto having date the 18th October 1854 was this day again produced in
Court for probate by John Graham + others, and Lanty Graham, and Cynthia
J. Ballenger, Martha Ballenger + Herndon Ballenger (the last three infants
by John Echols their guardian appointed to defend them in this contest)
appeared and opposed the proof of said Will + Codicil: Whereupon divers
witnesses, being sworn and examioned and the arguments of Counsel fully
heard. On consideration whereof it is considered by the Court + ordered
that the said Writings be recorded as and for the last Will + Testament
of the said Joseph Graham decd. + Codicil thereto.
A Copy Teste
Geo. W. Hutchinson C. M. C.
Monroe County Will Book 1, pp. 150-152, Monroe County Courthouse, Union, WV.
Jordan Jones
[email protected]