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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