Jacob Shell Will of 1795

 

Jacob Shell, his Last Will. 

In the name of God Amen I Jacob Shaul Sen'r of the County of Mongomery being weak body but of perfect mind & memory caullin to mind the Mortality of my Body Do make this my Last Will and Testament.  Imprimus, I recommend my Soul to the Almity God that Gavieth and my body to the earth to be buried in a chrsstan like and in a Decent maner at the Discretion of my friends and as tuching such worldy Estate wherewith it hath pleased God to bless me with in this life I will bequeth and Disspose of the same in the maner and form falling that is to say I will Direct that all my Just Dbts of every kind and whatever be paid in maner herein Divided.  First I give and bequeth unto my Loving wife Cathrine Shaul all my household and kitchen furniture and the Nate? cattle clamed by me on the plantation together with one third of the land of the land of the plantation whereon I live, her third not to exced the third of the plantation that I formerly Gve to my son jacob Shaul.  I then will devise and bequeth unto my son Jacob Shaul Junier his heirs and assigns forever all the track of Land whereon I live on the South Side of new River containing two hundred acres more of less and a servd ajoining on the South side made by John Preston and also all the farming utensils on the said place the wagon and gairs together whih two horses a bay and a Sorrel on his paying or causing to be paid in property to his six Sisters the sum of ten pounds each, within three years after my Decease.  I then will devise and bequeth unto my son John Shaul all the property of every kind whatsoever which I have before give him and now in his possition and to his heirs or assigns forever on his paying or causing to be paid to his brother Christian Saul fifty pounds in property within three years after my Decease.  I then I give bequeth and devise unto my son Christian Shaull and his and assigns forever all the tract of Land whereon he formerly lived on a branch of Shubels Creek containing eighty acres and known by the name of Gusesys place together whith a serrey mad by John Custer adjoining thereunto and allso fifty pounds to be paid to him by his brother John Shuall and also all the property here before give him and now in his possession.  Then I give and devise unto my Daughters Catherine and Elizabeth Shaull all the Stock and property of Every kind claimed by them before which the heve on the place and also all 1 mare five years old unto Elizabeth Shaull and also Catherine Shaull to be maintained of the plantation where I live as long as she shall Live.  And then I give and Devise unto my Daughter Gertrud Williams, Phanney Wall, Molly Heve, Peggey Salles, Barbary Heven, Nancy Taylor the sum of ten pounds Each to be paid in property within three years after my Decease to be paid unto them by my son Jacob Shaull.  And Lastly I nominate constitute and apoint my son Jacob Shaull Junier and John Shall my son my Executors to this my Last will and testament and I do hereby Revoke anull and make Void all other former Wills by me made or Executed Declaring this to be my only last will and testament.  Signed and Acknowledged by me this seventeenth day of February one thousand seven Hundred and ninty five.  Signed Sealed and Acknowledged and Likewise Declared by me Jacob Shaull to be my last will and Testament before Witnesses.

Jacob   (X-his mark)   Shaull   {Seal}

Adam Wall

William Heavin

Benj. Sperry

Samuel  (X-his mark) Spery

 

At Montgomery September Court 1802

This Last will and testament of Jacob Shell deceased was presented in court and proved  by the oath of William Heavin a witness thereto, who says that Benjamin Sperry and Samuel Sperry attested the same in the presence and at the request of the Testator; John Preston James Sallust and William Heavin made oath that the attestation in the name of Adam Wall they varily believe to be the hand writing of Adam Wall deceased and thereupon It is ordered to be Recorded.  And on the montion of Jacob Shell one of the executors therein named who made oath, and entered into bond, with securily according to Law Certificate is granted him for obtaining a probate thereof in due form.  See order of March Court 1810.

Teste: Charles Taylor, CMC

 

Heavin to Shell, deed release. 

Know all men by these presents, that Whereas Jacob Shull Sen'r of Montgomery County made his last Will and Testament bearing date the seventeenth day February in the year of Our Lord one thousand seven hundred & ninety five in which among other Legacies therein Contained did give and bequeath unto my wife Barbary Heavin late Barbary Shull of said County the sum or legacy of ten pounds to be paid in property by his son Jacob Shull Jun'r And of his said will he, the said Jacob Shull Sen'r, hath made and constituted the s'd Jacob Shull Jun and John Shull Executors as in and by said will may appear.  Now Know ye that we William Haven and Barbary Haven his wife do hereby confess and acknowledge that we have had & received of and from the said Jacob Shull Jun the legacy or sum of ten pounds in property so as aforesaid bequeathed unto the said Barbary Haven by the said Jacob Shull sen'r.  And therefore We the said William Haven & Barbary Haven do by these presents acquit, release and discharge the said Jacob Shull Jun of and from all legacies dues duties & demands whatsoever which we our heirs Executors or administrators may have claim challenge or demand of or against the said Jacob Shull Jun his heirs Executors or administrators by virtue of the said Will & Testament of or out of the Estate of the s'd Jacob Shull Sen deceased as aforesaid.  In Witness whereof we the s'd William Haven and Barbary Haven his wife have hereunto set our hands & Seals this Seventh day of September in the year Eighteen hundred & two.

Test     William Heavin

            Barbary Heavin

 

At Montgomery September Court 1802

This deed of release from William Heavin and Barbara his wife to Jacob Shell was acknowledged in Court by the said William Heaven and Ordered to be Recorded.

teste     Charles Taylor     CMC

 

 

 

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