The Will of Henry Jackson

November 20, 1848

(From Will Book A, page 25, Upshur County Court Records, Buckhannon, W. VA.)

From typed copy submitted by John C. Jackson.  Transcribed by Dan Hyde.

The last will and testament of Henry Jackson.  I being certain that Death is the Lot of all men, I must go the way of all flesh being weak of Body but of Disposing mind do this my last will and testament –

1^st. I comit my body to the Dust and my soul to God who gave it, nothing doubting that he will do whatever is aright with it, as I believe he has not nor never will do any thing with his Creatur but what be for their benefit of Every kind and nature.

2^nd. I have given unto my sons by the first wife all that I intend to or can.  Except Edward C. Jackson, to be Named after this

3^rd. I give unto my 3 Daughters Elisabess P. Prebbell, Amanda M. Prebbel, Rachel C. Miller, the land that John Cozad let me have known as Cruts [Crites?] low Bend to be sold at one, two and three years payments for Amanda M. Prebbell to have one halfe of it, and the Other to be divided [between] to the other two [daughters].

4^th I give unto my Son Edward C. Jackson the Land that John B. Shreve and Henry O. Middleton has promised me where Benjamin Miller lives[. W]hen they convey allso a cow worth 12 dollars, a Horse and saddle worth Forty five dollars but [if] the one hundred acres is not conveyed by Middleton and Shreve, for him to have two hundred dollars money Notes or land. The land or money to be on interest for him as he is not of Sound mind.  He has a trak of Land that his mother owned.  I want that Money or Land on interest to support him –

5^th. I give unto my Daughter Mary S. M. Rosa Wyriek [Warrick] Fifty dollars when there is so mutch of the Land soald to pay her without pressing on my wife, and One cow, one Saddle worth thirty dollars.

6^th. I give unto my beloved wife Elisabeth so long as she remains my lawful widow the whole of my land and moveable property of Every kind and Nature not otherwise disposed of for Shool and Board and raise my children on that she is the mother of,to wit Decature, Samuel Dextor, James Alonzo, Marion Orlando, Malisa [Melissa?], George Washington, Artemisha, Calipso Mero, to be maid use of as she may think Best after my Just Debts and funeral Expenses are paid for[.]  But for her to Sell that worthless Negro garle [girl] if not sold in my time also as I have Several lawsuits now pending and [if] I go Out of time before they are desided[,] I want the suites to be renewed in the names if my last wife’s children names and not in the first wife’s children’s names.

7^th. I constitue and appoint my wife my Exetrex to fill the necessary paying of my Debts and to convey land whare it is Nessar. [necessary] to pay of a bond given by me.  I think that I have Notes and accounts sufficient to pay my Just Dues of Every kind and Nature, etc.  But of all things, if possible, to shool the children.

8^th. It is my furter will and intention that if any of my children or wife after my death [shall] dispute my right to dispose of the foregoing property Real or personal heretofore devised or Bequethen then that Legates and wife shall be cut off from all that is devised to them that it shall be divided to the last wife’s children to wit Decature, Samuel Dexter, James Alonzo, Marion Orlando, Malisa, George Washington, Artemisha, Calips Mero.

9^th. and Lastly I hereby publish the foregoing writing whitch is wholy in my Own hand writing as my Last will and Testament Hearby Revoking all Other wills and testaments

The foregoing and signatures

                H. Jackson (seal)

                of H. Jackson was acknowledged by the said H. Jackson before us as his last will and testament.  June 6^th 1849.

     

Teste. David Hall

James T. Hartman

Robert Johnson

John B. Shreve

 

This the last will and Testament of Henry Jackson deceased was presented in Open Court at March Term 1852 proven by the Oaths of James T Hartman and Robert Johnson two of the Subscribing witnesses there to, and Ordered to be recorded.

                      Teste Mifflin County Clk.

                       (Carl D. W. Hays)

 

 

Note:   Spelling and wording matching the hand written text as nearly as possible.