David
Howell Will of 1844
In
the name of God, Amen. I David Howell,
Senior of Floyd County, Virginia feeling myself weak in body, but of sound mind
and memory and sensibly feeling that the desolution of this mortal body is near
at hand; therefore I do hereby make, constitute, appoint and ordain this to be
my last will and testament, revoking all wills heretofore made for the purpose
of disposing my estate both real and personal property after the form following
to wit; And first I will that after my decease as soon as decency and
convenience will admit that my live stock whatever is not herein after devised
be sold and, that all my just debts be paid off and fully discharged after
which if any amount should remain it shall return to the possession of my much
loved wife, for her own use. Secondly I
give and bequeath unto my lawful wife Jane Howell, the full possession and
control of all my lands situate in Floyd County together with all and every of
its appurtenances, big household and kitchen furniture of every description,
one work-horse, two milk cows, five head of sheep, ten head of hogs, together
with all my farming utensils to her own proper use benefit and comfort during
her natural life. Thirdly I give and
bequeath unto my two daughters, Rhoda and Naomia Howell after the decease of
their mother said lands above named for there own use and benefit during their
natural life for which purpose these shall be a dividing line sum from Adam
Rosteos line down
Thos. Howell's spring beneath as it meanders to the lower line. The lands on the north side of S_el branch
to go into the possession of Rhoda Howell that on the south to Naomia Howell
for life only. 4thly after the decease
of Rhoda and Naomia Howell, I will that said land be sold and after securing
thirty dollars to be distributed between my six children to wit; Stephen
Howell, Charity S. Jieklemsen, Daseas Janes of Indian, Elizabeth Hewitts, Jenny
Hangate, and Daniel Howell of Floyd VA., the
remainder to be
equally divided between each of David A. Howells and James Howells children. Fifthly I give and bequeath unto my Grandson
Daniel Howell one gray horse now in his possession to him and his heirs
forever, also five dollars out of the proceeds of the sale of the lands. 6th I give to my daughter Elizabeth Hewitt
five dollars out of the proceeds of the sale of my lands after the decease of
Rhoda and Naomia Howell. 7th I give
unto Jenny Hangate five dollars of the same.
8th I give and bequeath unto my son Daniel five dollars out of the
proceeds of sd sale. 9thly I give and bequeath
to my son Steaphin Howell five dollars as his portion of my estate. 10thly I give and bequeath to my daughter
Charity Spicklensin five dollars as her portion of my estate to her and her
heirs. 11thly I give and bequeath to my
daughter Daseas Janes five dollars as her portion of my estate to her and her
heirs forever. 12thly I do hereby
appoint and ordain David A. Howell and James Howell my sons as executors to
execute this my last will and Testament and in evidence of the same I have
hereunto set my hand and seal, this tenth day of September in the year of our
lord one thousand eight hundred and forty-four.
Signed in the
presence of
William O. Burgess
John Howell, const.
David (X-his mark) Howell (Seal)
At the March Term
of Floyd County Court 1851.
This
last will and testament of David Howell, Decd. was proved by the oath of John
Howell const, one of the witnesses thereto and was ordered to be continued, and
on the second day of said court the same was further proven by William o.
Burgess another witness thereto and was ordered to be recorded and on motion of
David A. Howell and James Howell the executors therein named who made with
these to and together with John Howell and Pleasant Howell their securities
entered into and acknowledged a bond in the penalty of one thousand dollars
constitioned as the law direct certificate is granted them obtaining a probate
of said will in due form.
Teste: J. N. Zentemger, Clerk
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