Jacob Shell Will of 1811

 

Jacob Shell's Will.

In the name of God amen.  I Jacob Shell of the county of Montgomery upon New River being in a sickly and declining State of health but of sound mind and memory and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testatment. 

            Imprimus.  I give my Soul to God who gave it and my Body to the Earth to be buried in a decent and Chistian like manner at the discretion of my Executors and as touching such worldy Estate wherewith it hath pleased God to bless me I will and dispose of the same in the following manner and form.  Viz. I direct and it is my will that my funeral expenses and just Debts be first paid out of the debts due to me, and such Estate as may remain after the specific Legacies I herein after devised are taken out and for that purpose my Executors are hereby authorized to sell & convey good and sufficient Titles to any Lands of mine herein undevised. 

            Item.  I give and bequeath to my Sister Elizabeth and five daughters Polley, Elizabeth, Fanny, Peggy & Caty all my household and kitchen furnitures to be equally divided among them except one Bed and Furniture which is to be laid off to my daughter Polley in addition to her equal share of the residue. 

            Item.  I  give and bequeath to my two sons Jacob & John all my plantation utensils and Tools of Husbandry to be equally divided between them.  I give to my Daughter Polley one equal march? or half in quantity and quality of a tract of Land lying in Sinking Creek  in Giles County which I purchased of my Brother Christian and containing by estimation 488 acres to be laid off and assigned by the opinion of two or  more Honest Judicious men Indifferently choosen for that purpose by my Executors to her and her heirs forever.  I give to  my said Daughter Polley Two cows and one Heifer and Twenty Dollars in money.

            Item.  I give and bequeath to my Daughter Elizabeth the other march? or half of my said Tract of Land lying on Sinking Creek in Giles County which I purchased of my Brother Christian, also one Heifer to her and her heirs forever.

            Item.   I give and bequeath to my son Jacob all that part of the tract of Land where on I now live which lies above a line Beginning at a large double walnut on the River Bank marked with three chops by William Heavin and running thence from the River parallel with a division Fence near said place to the Back line of the said tract.  Thence thro an Enby? of Land arising to a Black oak & pine corner to the Land I purchased of my Brother Christian and which is also on corner of Walls Land, also One hundred Acres of the Tract adjoining which I purchased of my Brother Christian to be laid off to him on the west side of said Tract, also a Bay horse called Doctor, a colt and a heifer to him and his heirs forever yet nevertheless unpon the condition that he pay to his Sisters Elizabeth & Fanny Twenty five pounds each when they come of age or marry & I order the same accordingly.

            Item.  I give and bequeath to my son John all the residue of the plantation whereupon I now live Including the mansion House, the residium of the only adjoining and one hundred acres of the Land I purchased of my Brother Christian to be laid off adjoining the one hundred acres of said Tract devised to his Brother Jacob also two horses butter & Bay, the Walkens attaro?, a yearly sorrel Colt and one heifer to him & his heirs forever yet nevertheless upon this condition also that he pay to his three sisters Polley, Peggy & Caty Twenty five pounds each when they come of age or marry and I order the same accordingly.

            I also give and bequeath to my said son John for the special purpose of enabling him to maintain and support during his natural life his wife Hannah, Brother Christian Two Tracts of Land lying on the waters of Roanoak, one containing fifty acres and known by the name of the White lick, the other containing One hundred acres and lies adjoining the Land of Earhart V. Bratton to him and his heirs forever yet unpon this condition also that he attends that care comfort & support to his said Brother Christian which in nature & reason his unfortunate situtation requires otherwise it is my Will the said last mentioned two tracts of Land be sold by my Executors & a good and sufficient Title conveyed by them for the same and the money arising from the sales of the said Lands by applyed as far as it will go to my said unfortunate Son Christian's support and I order the same accordingly.

            Item.  I give and bequeath to my Daughter Fanny two Tracts of Land lying on Bluestone River one containing Three hundred acres joining Wallaces & Leskeys Lands, the other containing Ninety five acres or thereabouts joining and below William Heavins Land.  Also one Heifer to her & her heirs forever.

            Item.   I give and bequeath to my two Daughters Margaret and Caty Hannah Three hundred and Seventy acres of Land joining Keedys place and Hornbarger Lands an only of one one hundred and eight acres adjoining the same and the Residium of Keedys place after the devises one to their Brother Jacob & the other to their Brother John of One hundred acres each be laid of the above mentioned three parcels or tracts of Land to be equally divided between them my said Daughters Margaret & Caty Hannah by the opinion of two or more Honest Judicious men indifferently chosen by my Executors for that purpose to them and their heirs forever.

            Item.  I give and bequeath to my said two daughters Margaret & Caty Hannah one heifer each.

            Item.  It is my Will  that my son Jacob only possess for fifteen years all the apples and the fruit which the Orchard on the River may yield and my son John not to interrupt or molest him on or in the engagement of that Orchard or rather the products of it for that length of time & I order the same accordingly.

            And last I hereby nominate and appoint my friends James Craig, William Heaven, William Pepper my Executors to execute this my last Will and they are hereby fully authorized and impowered

 to do all and every thing required by this my Will.  And I do revoke and set aside all other and former Wills by me made declaring and publishing this & this only to be my last Will and Testament.  In Witness whereof I have hereunto set my hand and Seal this Sixteenth day of December in the year of Christ One thousand eight hundred and Eleven. 

     Memo the word "John"

     in line the 8th from the

     Bottom interlined before

     Signed

                his

     Jacob   S    Shell     {seal}

                mark

Signed Sealed and acknowledged

in the presence of

Abrum Trigg

A Wall

Adam Wall Junr

James Wall

John Wall Senr

 

            This Codicil to the foregone & within Will in explanation & addition made this seventeenth day of December 1811.  It is my Will that my three daughters Fanny, Peggy & Caty Hannah remain with my Son John in the mansion House under the care of Sister Elizabeth & daughter Polley Elizabeth and be supported & should by my Son John out of the profits arising from the Lands devised him by my last Will and Testament dated yesterday & I order the same accordingly.  This also my Will that my Stock of Sheep, Hogs & Geese remain on the plantation for the comfort  advantage and support of all my children while they continue to reside with my Son John or remain at the Mansion house, and I order the same accordingly.  This also my Will that my sons Jacob and John afford that comfort support to their five -----  Caty & Elizabeth which was injoined upon me by the last Will and Testament my Did? further & I order and direct the same accordingly.  This also my will that if any dispute should arise among or between my Children or any one or more of them or between any one or more of them and any person or persons about my Estate or any part there of that the same be settled by arbitration by such men as shall be choosen by my Executors for that purpose and I direct the same accordingly.  In Witness whereof I have  hereunto set my hand & seal the day and year above written.

                his

     Jacob   S    Shell     {seal}

                mark

Teste

Abram Trigg

John Wall

A Wall

Thomas Watkins

Robert Sanders

 

At Montgomery March Court 1812. 

This last will and Testament of Jacob Shell deceased together with the Codicil there to annexed was presented in Court and proven by the oaths of Abraham Trigg, John Wall and Adam Wall, three of the Witnesses thereto, and Ordered to be Recorded.  On the motion of William Heavin and William Pepper two of the Executors therein named who made oath thereto according to Law and with John Wall and William Pepper their securities entered into and acknowledged their Bond in the penalty of five thousand Dollars conditioned as the Law directs. Certificate is granted them for obtaining a probate thereof in due form.  And James Craig the other Executor therein named came into Court and renounced the burden of the Execution thereof.

Teste

Charles Taylor 

            

 

 

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