May 24 1856 Will of William Smith

I William Smith formerly of Warren Township Jefferson County in the State of Ohio, but now in the county of Wellsburg in the County of Brook and State of Virginia, considering the uncertainty of life and the duty of being prepared for death do make and ordain this my last will and testament hereby revoking all former wills by me at my time heretofore. I direct that all my just debts and funeral expenses be paid by my executors hereafter named.

First I give and devise to my wife Elizabeth all my beds and bedding household and kitchen furniture. I also give to her two hundred dollars in money to be paid within six months after my decease. I also give and devise to her the dividends or interest that may arise on 15 shares of bank stock which I now own in the Merchants and Mechanicks Bank of Wheeling in Ohio County, Virgina as long as she may live and no longer. I also give and devise to my said wife the fifteen shares of bank stock which she and my self hold jointly in the said Merchants and Mechanicks Bank of Wheeling. I also give to her a note executed and made payable to her and myself by Cyrus H. Cunningham and Robert Moore both of the said county of Brooke for the sum of five hundred dollars. I also give and devise to my said wife the possession and occupancy of the house and lot I now own and reside in said town of Wellsburg as long as she may live in or chose to occupy the residence. But if she should see(?) proper to leave the said house or cease to occupy the same then it shall become property of my son Joseph Smith. I do hereby declare my intentions to be that the foregoing provisions for her made for the benefit of my wife Elizabeth shall be in lieu of her dower and distributive share of my estate.

Secondly I give and devise to my son William Smith in fee simple all the following tracts of land being down in Wayne County, Tuscawaras, Ohio consisting of three tracts. One of said tracts in the quarter section on which my said son William heretofore resided it being lot 6 in Quarter Township number 9 of Range number Four containing one hundred and sixty one acres and sixteen hundredths of an acre by the same more or less. Also one other of the said three lots being the one which B. Graber has now rented and described as follows: was part of the Western Reserve School Land being lot number one in Quarter Township number four, in township number ten of lot number four containing one hundred forty three acres be the same more or less. The other of the said three tracts of land on the west half of the Southeast quarter of Section 15 of Township Ten of Range three containing eighty-seven acres, seventy eight rods be the same more or less. I now give and devise my friend Christian Graber of Wayne Township, Concord County, Ohio shall take charge of and as my agent rent out the aforesaid three tracts of land above devised to my said son William and to exercise a general supervision over the same to receive the rent thereof regularly the same to the benefit of my said son William and his four children named Margaret Jane Smith, William Smith, Jemima Smith and Joseph Smith until the existing disability of my son William shall have been removed or the said children shall have come of age.

Thirdly, I give and devise to the above named children of said son William to wit, Margaret J. Smith, William Smith, Jemima Smith and Joseph Smith a note I hold on John McFee and Samuel Fincy of nine hundred and thirty two dollars dated 7 September 1855. Together with the interest that may accrue thereon to be equally divided among them share and share alike.

Fourthly, I give and bequeath to my son Joseph Smith all my right title and interest in and to all the land I now (own) in Jackson County, Virginia of four several tracts, two of which were bought by Hugh Krygar, G.W. Smith and myself for the delinquent forfeited lands sale in the said County of Jackson, being the only land I ever purchased jointly with the said Kryger and Smith for a more particular description of which reference may be had to the deeds made made by J. Smith as commissioner to said Kryger, Smith and myself which are recorded in Jackson County Court in Deed Book No. Page – and the other the other two tracts I hereby give and devise to my said son Joseph in fee simple are described as follows being two tracts of land which my said son Joseph and I own jointly in said county of Jackson, Virginia and which was conveyed to me jointly by A. Coe and Albert Sorother, Jr. by deed hearing date 25th day of April 1844 and recorded in the clerks office of Jackson County aforesaid in Deed Book no. 4, range 346, one of the said or later tracts of land is supposed to contain twenty five hundred acres and the other four thousand acres. I also give and bequeath to my said son Joseph sixteen shares of bank stock I own in the said Merchants and Mechanicks Bank in Wheeling which he is to have immediately after my decease and fifteen shares more in the same bank being the same dividends or interest which I have herein before given or devised to my wife Elizabeth for her natural life. Which fifteen shares he my said son Joseph is to have at the decease of my said wife. I also give and devise to my said son Joseph in fee simple the said lot and house I own and reside in, in the town of Wellsburg, Virginia, being a three-story brick house adjoining James Miller’s property on Water Street which I bought of John Connell it being the same house and lot I have herein given to my wife the privilege of occupying rent free as long as she lives or as long as she may think it fit to occupy the same herself. It is my intention however that my wife shall have the privilege of occupying said house only on the following conditions viz. That my said wife shall keep said house constantly insured so that if it should be destroyed by fire my said son Joseph may be enabled to recover from the insurance office the sum of one thousand dollars.

Fifthly I give and devise to my daughter Susan Harris in fee simple all the lands I own in Crawford County, land hereby devised to my said daughter Susan Harris is described as follows, viz. lot no. one hundred and three being the east half of the northeast quarter of section twenty four in township two south of range fifteen east containing thirty acres, also lot being the southwest part of the southwest quarter of section four in township 2. South of Range 16 East containing forty six acres, also lot 298 being the northwest part of the southwest corner of section no. 5 in Township two south of Range 16 East containing 46 acres and 70/100. I also give and bequeath to my said daughter Susan Harris my lands which be in the south side of Short Creek supposed to be eighty acres together with all I own with the bed of the creek and around. Insufficient for the north side of said creek to make abutment for the Mill draw, also my Mill and all the appurtenances belonging, it being a part of my tract of land which lies is Warren Township, Jefferson County, Ohio, being also part of Section No. 24 in Township No. 4, Range two in which the said Susan Harris now resides. All of which I give and devise to my said daughter Susan Harris and assigns forever.

Sixthly, I give and bequeath to my son John Smith in fee simple all the residue of my said tract of land not herein before devised to my daughter Susan Harris, containing about 300 acres lying on the North side of said creek in the said Township of Warren and County of Jefferson, Ohio, being also part of the said tract of land lying (near?) aforesaid and part of Section no. 24, Range 2, on condition that he pays to my four grandchildren, the children of my son William Smith as they respectively arrive at the age of 21 the sum of one hundred and twenty five dollars each. On the performance of the above condition, I give and devise that part of my said land lying as aforesaid on the north side of Short Creek, except the abutment privilege herein before devised to my daughter Susan Harris, which shall not exceed over a fourth of an acre to my said son John Smith and his heirs and assigns forever.

Seventhly, I give and bequeath to my grandson William Smith McCleary a tract of land I own in Wyandot County, Ohio (Indian Reserve) lying on Indian Run and described as follows lot no. 8 and the east half of the southeast quarter of section 15 in Township 2 south of Range 15 East containing eighty acres, also a tract or lot of land in Crawford County, Ohio on the Sandusky River and described as follows: it being no. 274 the west part of the northeast quarter of section 35 in Township no. 2 the same which was purchased jointly by George Williams and myself. Also I give and bequeath to my said grandson William S. McCleary a note of six hundred dollars except one hundred dollars therefore which I hereby devise to Margaret Jane Smith the daughter of my said son William. The said note was executed by my said son John Smith and James McCormick and dated 10 Jan. 1856.

Eighthly, I hereby give and bequeath to my granddaughter Elizabeth McCleary, daughter of my daughter Mary, a lot or tract of land in fee simple situated in Cross Creek Township, Jefferson, Ohio, being in range 2, Township 6, Section 28, southwest corner, it being the same land I bought of Joseph McConnell. Also I give to my said granddaughter Elizabeth J. McCleary the sum of two hundred dollars.

Ninthly, I give and bequeath to Margaret Jane Smith the daughter of my son William Smith two hundred dollars which together with the one hundred and twenty five dollars herein before devised to her. I wish my executors to place at interest until she arrives at the age of eighteen years.

Finally, I give and bequeath to my son William Smith all my wearing apparel and my silver watch.

Eventually all the rest and residue of my estate not herein described or disposed of, of every description in my possession, expectancy or action, I give and devise as follows, to my son Joseph (Smith) the one half thereof and the other half thereof to be equally divided between my grandson William Smith, son of my son William, William McCLeary, son of my daughter Elizabeth, William Harris, son of my daughter Susan, William Smith, son of my son Joseph, and William Smith, son of my son John.

I hereby nominate and appoint Joseph C. McLeary, Esq., of Warren Township, Jefferson County, Ohio (he being the father of the said William S. McCleary and Elizabeth J. McCleary) to leave and rest the land I have herein given to aforesaid William S. McCleary and Elizabeth J. McCleary to receive the rent for their use and benefit, and see that the taxes be paid and to pay to them the said William McCleary and Elizabeth McCleary the same when they respectively arrive at lawful age. I hereby constitute and appoint Robert Bane of Brook County, Virginia, my son Joseph Smith of Jackson County in the state of Virginia aforesaid, my son-in-law Nathan Harris of Jefferson County in the State of Ohio, and my son John Smith, also of Jefferson County, aforesaid executors of my last will and testament. In testimony whereof I have hereunto set my hand and seal the twenty fourth day of May in the year of our Lord one thousand eight hundred and fifty six.

William Smith (seal) Signed and acknowledged by the said William Smith as for his last will and testament in our presence and by us, signed at his request and in his presence. L. Hall, R. Nicholls