Jackson Brigade, Inc.

Last Will and Testament of James Monroe Jackson Sr.

Wood County, West Virginia Will Bk:9:60

Written 12 April 1899

Probated 19 February 1901

 

I  J. M. Jackson of Parkersburg, Wood County, West Virginia, mindful of the uncertainty of human life, do make and publish this my last will and testament written in my own proper handwriting and signed and sealed with my own proper signature and seal,

First      My request is that I be buried in my cemetery lot at Riverview cemetery, and it is my desire that my children should look after care for and keep in good repair said cemetery lot.

Second            It is my wish and I so direct that my funeral expenses and any just debts, if any, that I may owe at my decease, be paid as soon as can be out of any monies I may have on hand, or such may be collected by my executor herein after named, of monies due me, or the rents accruing from my real estate.

Third    My said executor is directed to collect any  and all debts that may be due or coming to me, as soon as possible.

Fourth  I hereby devise to my beloved wife Lucy F. Jackson an annuity of Twelve hundred Dollars during her natural life, or so long as she may remain my widow, the sum to be paid to her by my executor on the first days of January and July of each and every year, in equal payments, I thus charge my estate with the payment of wife annuity.  This devise to her and the provision ___-provided for her, together with the other bequests then hereinafter contained, be and received by her in full of all dower and right of dower in my estate.

Fifth     I presume that my said wife will not desire to continue housekeeping having no family beside herself. If having ____so to do my will and bequest is that she may use occupy and enjoy, as a residence with all the furniture of every kind and __-therein contained except the library and such furniture pictures and articles as are hereinafter specially devised during her natural life or so long as she remains my widow, free of rent, all the part and parcel of my homestead property where I now reside and which is hereinafter devised to my son, J. M. Jackson Jr.  But in no  event is she to rent out said property to tenants but may take in roomer if she desires so _______.  And when she ceases to occupy it as a residence, then the said property is to pass into the possession of said J.M. Jackson Jr. if he elects to take the same, as is hereinafter provided for, otherwise it is to pass into the hands of my Executor for the benefit of all my heirs, and my further desire and request is that my said son J. M. Jackson Jr., so long as it may be _____agreeable to my said widow and himself shall manage the separate property of said widow, such the same collect the rents, pay the taxes therein cause the same to be kept in repair and the balance of said rents pay over to her without fee or reward.  Having every confidence in my son, it is my desire that my said widow shall consult him, as to any matters that concern her interests and be governed by  his advise.

Sixth    My home property has been divided by me by a line running through the same, parallel to Eighth Street in the City of Parkersburg, and one hundred and ten feet from said Eighth Street, so as to have a tier of lots fronting on said Eighth Street and one hundred and then feet deep.  In as much as Seventh Street does not run at right angles to Market Street and parallel with Eight Street, the lots which front on Fourth Street are not of the same depth, the line dividing my property from what is known as the A. N. Williams property being longer than the line dividing my property from the property of the late Mrs. H. N. Kincheloe now the property of my wife.

            In pursuance to this Division I will and devise to my beloved Daughter Mary E. Rathbone all that certain piece or parcel of ground with the residence erected therein by me, with the appurtenances and where she formerly resided, and which adjoins the said Kincheloe property and being fifty (50) feet front on Seventh Street and running back to the aforementioned division line one hundred and ten feet from Eighth Street and being also fifty (50) feet on said division line.

Seventh           I will and devise to my beloved Daughter Kate I. Moffett wife of J. A. Moffett, the lot adjoining the said last mentioned lot, devised to my Daughter Mary, and being fifty (50) feet front, on Seventh Street and running back to the aforementioned Division line and being also fifty (50) feet on said Division line.

Eighth  I will and devise to my beloved son, J. M. Jackson Jr. all the rest and residue of said property which fronts on Seventh Street, and runs back to the aforementioned division line and being all of said property lying and being between the lot herein before devised to my Daughter Kate and the Williams property aforementioned and between Seventh Street and the Division line aforesaid together with the appurtenances.  This devisee to be subject to the devise to my wife as contained in the fifth clause of this will and the limitations contained in that clause.  I also will that the alley running from Eighth Street to said last mentioned property shall be used and enjoyed as part of and in connection there with, so long as it shall be necessary for the enjoyment of said property, either by my widow or the said J. M. Jackson Jr. ___which time said alley may be used in connection with my other property on Eighth Street in said city as the same may be necessary, and as the same is now used.  But when the time shall come, that said alley is not necessary for the proper enjoyment of my home property then said alley is to be and constitute a part of the lot adjoining the same on Eighth Street, wherever my said property on Eighth Street is subdivided into lots.  These devised of my Homestead property is subject to the election of my said children as provided for in the sixth and ninth clauses of my will.

Ninth    My Daughter Mary is to be charged with the sum of forty five hundred Dollars, it being for the lot devised to her as aforesaid valued at fifty dollars per front foot on Seventh Street, making twenty five hundred Dollars, and two thousand Dollars for the house and improvements put on said lot by me, for her use and benefit.

            My daughter Kate is to be charged with the sum of forty five hundred Dollars it being for the lot Devised to her as aforesaid valued at forty Dollars a front foot on Seventh Street making twenty five hundred Dollars, and two thousand dollars in Rail Road bonds given her by me.

            My son, Monroe is to be charged with the sum of thirty two hundred fifty dollars for the lot devised him being about sixty five (65) feet front on Seventh Street valued at fifty Dollars a front foot, This lot embraces by the calls of my deed on foot ____four includes more than sixty five_____is claimed by the widow & heirs of A. N. Williams deed their vendus (?)  My corner by my deed is 102 2/3 feet from Market Street and Mrs. Thompson deed to commence at my corner and closes with my line,   And thus running out their lots with the calls of their original deeds they would not embrace the ground they now claim, which belongs to me, and for which I have title.  They still have the full quantity called for in their deeds.

            My son Monroe is to be charged with three thousand dollars for the dwelling house and the improvements on said lot, making the aggregate six thousand two hundred and fifty Dollars, which he is to be charged with for said lot and improvements therein, if he elects to take the property aforesaid, my son Monroe is to be charged also with the Sum of two thousand Dollars, it being money that I advanced him to commence business with.  Inasmuch as my son Monroe and my Daughter Kate may not desire to take the property being devised each of them as they may not wish to use the same as residences, I leave it optional with them to take the said properties or not, so devised them, as they may deem most to take the properties so devised each of them within one year after my decease, then the same is to pass and revert to my estate as undisposed of property, and is to be for the benefit of all my children, and in such event my said son Monroe is to be charged only with two thousand Dollars advanced him, and my Daughter with the two thousand Dollars only advanced her in bonds.  My Daughter Mary, in my opinion, should keep the property I have devised her to have a home for her -----and not be dependent on any one.  The price I have valued her property at is very low and she might not to hesitate to keep the same.

            I am aware that my Daughter Mary has had the possession of the property herein devised her and has enjoyed it for several years and renewed the rents for the same, and that my son Monroe has had the sum of two thousand Dollars herein charged to him for many years with out interest, and for which none is to be charged, and that my daughter Kate has had her advancement of two thousand Dollars but for a short time and for which no interest is to be charged nor has she ever had possession of the lot devised to her yet I hope she will not consider the irregularities, owing to the fact that her sister Mary has been a widow for many years with limited means and that her Brother Monroe may not get the possession of the house and the lot devised (if he elects to take the same) him, should my said widow retain the possession thereof as her residence as -------.  I make this statement so that none of my children shall think I have made any preference between them.  I have as will be seen valued all the lots low fronting on Seventh Street and at the same price per front foot, without the improvement.  I estimate them to be of equal value per front foot.

Tenth   I will and devise to my said wife Lucy F. Jackson my Gold watch, one of the large portraits of myself, and the old set of English China known as the Reuzon ? China.

            To my Daughter Mary I will and devise the six solid Mahogany chairs presented to my by my father also the oil portrait of her mother, she having expressed the desire to have the same.  Also the large portrait of the three Brothers, also one pair of my Gold spectacles with the double lens. To my Daughter Kate, I will and devise the solid Mahogany center ____presented my by my Father, also the oil portraits of my Father and mother, the portrait of her brother Johnnie, one of the large portraits of myself.  Also one pair of my gold spectacles with the double lens.

            To my son Monroe I will and devise my Gold headed cane presented me by the members of the Bar of Wood County, my private Secretary or desk, also the heavy Gold rimmed Spectacles that belonged to my Father and my gold sleeve buttons with my monogram on them.

            To my nephew W. W. Jackson I will and devise the gold headed cane he presented to me.

Eleventh          I will and devise to my three children, Monroe, Mary and Kate my private miscellaneous library to be divided by themselves equally as near as may be between them.

            I will and devise my individual law library and my interest in my fatherÕs library to any one of my Grand sons who may study law and enter upon the practice of the same.

Twelfth There may be coming to me a contingent interest in the real estate monies, bonds, and other personal estate set aside to such of my sisters as may die without issue as is ------by the will of my Father J. J. Jackson, decÕd.  It is my will that if any such estate real or personal shall come to me in the contingency aforesaid or in any other manner under the provisions of said will of my Father, that the same be collected by my said Executor and that he do divide the same equally between my three children aforesaid, I hold my sisters AmericaÕs note give for loaned money.  I hereby cancel and discharge said indebtedness and direct my executor to surrender said note to her, without payment.

            Should my said wife Lucy F. Jackson not desire to go to house keeping or if having -----should at any time desire to continue the same, I will that she may select any furniture out of my house to furnish a room or rooms with, for herself,  excluding what is specially herein devised and keep the same, the rest to be sold by my said executor.

            I have an undivided interest in the unsold part of the homestead property of my father, also in the old Hotel property in the city of Parkersburg _______known as the Swan Home.  My will is that my said interests in the properties shall be sold and the proceeds of such sales be divided equally between my three children aforesaid.

Thirteenth        All the rest and residue of my estate whether real, personal or mixed and wherein situated I devise equally between my three children, Mary E. Rathbone, J. M. Jackson Jr. and  Kate I. Moffitt equalizing their interest as _______before _______for and as hereinbefore set out and ________and excepting from this clause such articles as has hereinbefore been specially devised.  I am the owner to Two thirds of the Hotel property known as ÒThe JacksonÓ situate at the corner of Market Street and Court Square in said city.  In the partition of said real estate if it can ________be done, my will and wish is that each one of my children shall have one third interest in my said two thirds interest in said Hotel property, as it is susceptible of bringing in a handsome _______to each one of them, and as my son Monroe now owns one third of said Hotel property, and will probably own one third of my interests thus giving him a larger interest in said ______than either of my said Daughters, it is my wish and desire that my said son shall be the sole management of the said property for the benefit of all three of my children, and that he do rent the same including all the store rooms to the best advantage, that he do collect the rents, and out of the same pay the taxes, insurance and necessary repairs and he pay to my said Daughters each one third of the residue retaining for himself the other third thereof of my said two third interest; said property - Said Division and payment to be made from time to time, as ______maybe in his hands sufficient sums of money to make a Division necessary and proper and for the best interests of all. It is my further wish and desire that neither of my said children shall sell their separate interest in said property without consulting the others, and that if a sale becomes necessary the said property be sold as a whole and the proceeds of sale divided according to the respective interests of each, otherwise there might be persons acquire an interest in the property who would not be desirable and might give trouble.  Should it however ever become necessary for either or both of my said Daughters to sell their interests then it is my wish and desire that they give their Brother Monroe the ------of the same should he desire to purchase at a price that would be offered by others which price must be a full and fair consideration for said interests.

Fourteenth       If it should so happen that any of my children should die without issue, then my wish is that the other of my children or child surviving are to inherit the property in equal parts herein devised to such children or child deceased that may remain unsold and undisposed of at the time of such death.  But if such children or child shall leave children surviving them, then such share shall go to such children or child so surviving.

            Should my children desire to make partition of my estate - among themselves during the lifetime of my said wife they can do so, each one assuming to pay my said wife the one third of the annuity devised to her being four hundred Dollars each; and which shall remain a charge upon the estate of each one of them so partitioned for their proportion of the said annuity.  But if my said Executor shall deem it for the best interest of all, he may set aside so much of my real estate as will be sufficient to cause said annuity of twelve-hundred Dollars after deducting taxes, insurance and repairs, which said real estate so set aside, shall not be divided until after the decease of my wife and the termination of said annuity.

            And if my said Executor shall deem it best for the interests of all concerned  to sell so much real estate as will be sufficient to raise a fund, which being invested and paid out as interest as the best possible rate, will produce said sum of Twelve hundred Dollars free of tax and other expense, then and in that event my said executor is authorized to select such real estate as he may deem proper and sell the same upon the best terms he can, and for the largest amount he can and the proceeds of said sale to invest and loan out at interest ____ ______to have good security for the same, and such interest he is to collect and apply the same to the payment of the annuity aforesaid.  My wife? has coming to her through W. W. Jackson that portion of her Ohio farm known as the hill -----and lying ------the ---of graveled road --------up the Ohio River, I direct that this piece of land or any part of it shall not be divided or sold during the life time of my said wife but that the same be rented for her use and that my said executor do rent the same and collect said rents and after the payment of taxes assessed on the land, repairs and other necessary expenses, he pay the remainder to her, at the end of each year in addition to her annuity.

            Should my wife prefer not to continue house keeping in my residence as hereinbefore provided for but prefers to go to one of her own homes, then she is authorized to take the _____ heretofore devised to her and which is not specifically devised to others, and _________so long as she may keep house.

Fifteenth          I hope my children will keep my house property on Seventh Street and _______ specially devised to them should they accept said devises as long as they can, as I consider it valuable property, and a good _-- being near the central part of the city on a street in which property will increase in value and in my opinion become more valuable in the future.  I also recommend that my said children do not be in any hurry to __-up or sell my prospect hill property of almost seven acres, should I die possessed of the same as it will also grow in value and value and when it is divided that it should first be laid off in lots and the lots divided equally between all three children and then should of them as farm lots.  In this way I think much money will be realized from the sale of said property.  But these are mere suggestions contained in this clause, and are not intended to be mandatory at all.

            Lastly? I appoint my son J. M. Jackson Jr. Executor of this my last will and testament, hereby revoking all others, and can __-upon him full ____and authority to sell real estate and make conveyances of the same, wherein it may become necessary so to do, to carry into effect the provisions of this will.

            In witness whereof I have hereunto set my hand and seal this 12th day of April, A. D. 1899.

 

                                                                                    J. M. Jackson  seal

In encation?

State of West Virginia

Wood County Court ClerkÕs Office, February 19, 1901.

            A paper writing purporting to be the last will and Testament of J. M. Jackson, deceased was this day presented for probate before the clerk of said court in his said office, and there being no ______to the said will, W. W. Jackson and A. K. Leonard, citizens of Wood County, and competent witnesses, after first being duly sworn, did _______depose and ___: that they knew the testator in his life time and are well acquainted with handwriting, and duly believe that said will and the name thus annexed were wholly written by the said testator.  Whereupon, the said writing is ordered to be recorded as the last will and Testament of said J. M. Jackson, deceased.

                                                                        Teste  B. F. Stewart clerk.

 

 


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