Location: Preston County, West Virginia, United States
Last will of Hezekiah Pell, deceased
I, Hezekiah Pell of the County of Preston, State of West Virginia, do hereby make this my last will and testament in manner and from following.
First, I give to my son Marcellus F. Pell, all my real estate with the express understanding and provision that he shall take good care of and maintain and support (as I am sure he will) my daughter Clarissa Jane Pell, for and during her natural life in sickness and in health, and pay her necessary funeral expenses after her death; Provided that if he should die before her, a lien is hereby expressly reserved upon my said real estate, for the purpose of fulfilling the provisions in relation to my said daughter as aforesaid.
Secondly, I give to my grand daughters Nancy Pell and Nancy Reynolds, each, one good feather bed, bedstead and bedding.
Thirdly, I give to my said son, my buggy, and to my son Kelso Pell my gold watch.
Fourthly, I give to my son Kelso Pell, and to my other two daughters, Lucy A. Reynolds, and Rebecca E. Carroll, each, one fifth of the proceeds of my Government Bonds and of my notes and money that I may have on hand at the time of my decease; and the remaining two fifths of said bond notes and money, I give to my son Marcellus F. Pell – the one fifth thereof in his own right and the remaining fifth to assist him in providing for his sister Clarissa Jane Pell, as aforesaid. Provided that the proceeds of my said Bond notes and money, shall first be subject to the payment of my just debts, (if any I should chance to owe) and to my funeral expenses.
And lastly, I direct that no sale be made of my other property, not before mentioned or disposed of, but that the same said shall be equally divided between the said Kelso Pell, Marcellus F. Pell, and Lucy A. Reynolds, and Rebecca E. Carroll, hoping that no difficulty may occur in making this last named division, satisfactory to each concerned.
I hereby appoint my said two sons, the Executors hereof.
Done at Kingwood, in this the 20th day of July, 1875.
In the Clerk's office of the County Court of Preston County (in Vacation) ss:
This day the last will of Hezekiah Pell, deceased, was produced by Marcellus F Pell and Kelso Pell the executors therein named and offered for probate; Whereupon came Felix Elliott, John Williams and Smith Crane, the subscribing witnesses thereto who being duly sworn deposed each as follows: vis a vis that they in the presence of each other and of the testator signed the said will at the request of the testator, as witness thereto, and that he in their presence signed said will and that they verily believe that at the time of the execution of the said will as aforesaid the said testator was of sound mind and disposing memory,
It is therefore ordered that said Will be admitted to probate, whereupon the said Marcellus F. Pell and Kelso Pell took the oaths prescribed by law, and with James Carroll and Joseph Jackson their sureties they executed a legal bond in the penalty of six thousand dollars, they are therefore appointed executors of said Will.
Done before me this 11th day of April 1882
J. Ami Martin, Clerk