Jackson Brigade, Inc.

Last Will and Testament of John J. Jackson, Sr.

Wood County, West Virginia Will Bk6:490

Written 7 July 1873

Probated 22 January 1877

 

I John J. Jackson do make declare and appoint the following writing as and for my last Will and Testament, hereby revoking all others.

First, I direct that as long as my wife remains a widow, she is to retain possession and occupy my present residence Lot. No 8 in the City of Parkersburg, and all the residue of the unimproved lot now used as a garden, and so much of the lot No 7 as is now occupied by the stable.  She is also to retain during her widowhood all of my household and kitchen furniture which I may possess at my death.  In other words:  I wish her to keep up the residence I now occupy in the same manner as if I were living.  In addition to the house, lot and furniture above mentioned I direct my executors hereinafter named, to pay to my said wife, an annuity for her maintenance and support of Fifteen hundred dollars per annum, payable semi-annually that is to say, seven hundred and fifty dollars every six months from and after my death.  These bequests are in lieu of all dower or other interest in any estate, and at her death or otherwise the termination of these bequests, they are to be disposed of as hereinafter directed.

2nd      I direct all my estate real and personal to be divided amongst my nine children and the three children of my deceased daughter Emma, as hereinafter provided - that is to say- I give to my son John one tenth, my son Monroe, one tenth, my son Jacob one tenth, my son Henry one tenth, my son Gardner one tenth, each subject to the charges and deductions as follows:  John is to be charged with six thousand dollars as advanced to him.  Monroe with four thousand dollars as advanced to him.  And I give and bequeath to my executors and to their successors, in trust for my four daughters, America, Annie, Belle and Collie or Columbia; four tenths of my estate real and personal, one tenth for each of them ?, upon the following terms.  My executors to collect the rents, profits and dividends and interest, and to pay to each of my said daughters that my be of age or married---------? such portion of the income above referred to, as they may be entitled to in all cases to be paid to them it being my desire that their husbands shall in no case or under any conditions have any  ? of any part of their property.  And it is my direction that ? the regular payment to my daughters of the provision herein  ? for them, their respective portions of my estate, as it may be ? into money or otherwise, be collected or received by my executors, shall be invested in government stocks, or loaned on deeds of trust interest payable semi-annually, and if loaned on deeds of trust to care to see that the assessed value of the real estate is double the amount of the loan.  And if any loss accrues from a neglect of this provision, I charge said loss from neglect on the shares of the executor respectively.  Those devises are of course subject to the provision  ? for my wife.  And my further direction is, that, if any part of my estate should be invested in loans secured by deeds of trust or houses, then in all cases the borrower to be required to insure the house and other improvements in responsible Insurance Companies to be judged of by the executors, who are hereby charged to carefully scrutinize the condition and solvency of all such companies.  These devises also to be subject to the charges and deductions as follows:  My daughter America with Fifteen hundred dollars as advanced to her, and also to be charged with the further sum being the amount I have paid and am to pay for the Spenor?  House which I purchased for her, less the amount paid by Mr. Wm H. Small, he to have an interest in the house and to equal to the amount paid by him of the purchase money, and the residue to be conveyed to America.  My son Henry and my daughter Belle to be charged with the amount I have given them in the grocery store of Thompson and Jackson.  I being a silent partner.  My son Henry has a memorandum which will explain our respective interests and the advancements so made.  My interest in the store is to be charged with all my account as appears on the books.  I further desire Thompson and Jackson to take my son Gardner as a partner in my place after my death, which said interest when ascertained, to be charged to the share of said Gardner.

3rd       I appoint my said executors guardians of the estate of my three grand children, the children of my deceased daughter Emma. viz: Bell, William and Maud, and I give to my said executors in trust for the education of said children the one tenth remaining of my said estate, to be held, controlled and managed by my executors, until said children shall respectively become to the age of twenty one years, and then the principal to be paid to them respectively.

4th       John H. Dickinson my grandson is to release all his interest in his mothers real estate, which I have sold, it being small, and when he so releases, my executors to pay him Five Thousand dollars in full of all his interest in my estate.

            Should there be any of my younger children whose education is not completed to my decease, it my desire that such educations should be completed at the best institutions, always excepting Massachusetts from the field of selection as I do not wish any child of mine educated in Massachusetts.  The expenses of such education to be paid out of the income of my estate next after paying the annuity to my wife but said expenses to be charged to the share of the child as child or children so receiving the benefit thereof.

            I direct the income from my estate to be first applied to pay the annuity hereinbefore provided for my wife.  Second to pay such expense of education as provided for in the last article.  Third to the support of any unmarried daughter I may have at my death, then the residue to be divided equally among my children, and the children of my deceased daughter Emma giving to each the share herein devised.

            When my wife dies or in the event she should again marry, then I direct the property and annuity devised to her, to be distributed as my other property is directed to be distributed. 

            The devises hereinbefore made are subject to the conditions and restrictions hereinafter recited, as well as those hereinbefore mentioned.  That is to say.  The devises to my daughter, are to my executors in trust for them during their lives, and to their children if they have any at their death.  And if they have no children, then to go to my other children and their heirs.

            To prevent any misunderstanding of my will, my purpose, direction and will is that my daughters is to have a life estate in one tenth of my estate each that is to receive the income profits and proceeds of the same, the principal to be invested by my executors as hereinbefore directed, the executors taking care to provide in all loans, for the payment of the interest semi-annually.  And any portion of my estate which is not productive by paying a reasonable and fair income may be sold by  my said executors, as may be for the interests of the family and invested as directed, the sale to be made on credits that may be agreed with annual payments or installments the interest payable semi-annually, secured by deeds of trust and in all cases, where the interest or other payment is in arrears the trust to be closed by sale.

            All my personal property to be sold except my household furniture, which I wish my wife to keep in my house as long as she lives or remains a widow.  And then to be given to my daughter Collie or Columbia.  I wish an inventory to be made and preserved of my household furniture plate / my library, the law to remain in possession of such of my sons as are lawyers and my miscellaneous books to go to Collie or Columbia as my other house furniture.

11th     I direct all my first wifeÕs children to convey by release all the interest they had in their motherÕs estate, as I have conveyed it, as a condition of taking anything under this will.

12th     I trust my wife will keep the family together until they are married and they will I hope be able to ? something to their  ? after defraying other necessary expenses.

13th     I appoint Jacob B. Jackson and Henry C. Jackson executors of the will.  This will is written hastily, I hope God may spare me to make it more intelligible, as it may possibly in some respects be obscure.  If so, let there be no controversy or law but refer its construction to someone or more discreet persons and then abide their decision or opinion.

14th     If the income should not be sufficient to pay the charge upon it, my married sons must take their interests in the real estate, as they do not need any present provision.

15th     My Prospect Hill property not to be sold for less then Seventy five thousand Dollars, the stone quarries to be retained and rented, and the rents applied as income. 

16th     My daughters Annie and Belle can have the houses they live in respectively if they wish, and if they elect to retain then Annie to be charged, three thousand dollars for the one she lives in , and Belle Twenty Five hundred dollars for the one occupied by her or they may from my death be charged with rent. Annie Two hundred and fifty dollars per annum as long as she occupies the house, and Belle two hundred and twenty dollars per annum as long as she occupies hers, the rents to be charged to their shares. But if either prefer to surrender them then my executors to take charge as of the residue of my property.

17th     I direct my estate to be settled as herein directed my debts to be paid and money due me to be collected.  I hold my son JohnÕs notes for the lot where he lives, they are to be charged to his share and settled in that ?

18th     I direct my executors to pay my friend the Rev. Wm. L. Hyland fifty dollars per annum as long as he is rector of the Episcopal Church of this place.  And if it shall be decided to build a new Episcopal Church or rebuild the present one, I direct my executors to pay of my estate Three thousand dollars for that purpose.

19th     And finally for my poor body I have no wishes.  My soul is my only concern, for it I put my trust in the merits of my Redeemer.  And Oh!  What anxiety I feel that each one of my family should be brought to a saving knowledge of Our Lord and Savior, Jesus Christ, and that by faith in his precious merits, they may prepared for his kingdom.

20        Since preparing for the above I have purchased from John J. Jackson Jr. two lots on Pike Street from my son H. C. Jackson and for my daughter Belle, wife of G. W. Thompson.  I hereby devise to each of them their respective lots on which are now being erected houses for them, and direct that the price of said lots be charge to them respectively and be accounted for by them out of the distributive portion of my estate.  In witness whereof I the said testator John J. Jackson have to this my said last will, written upon three sheets of paper, and comprising Twelve pages, set my hand and seal this 7th day of July 1873

 

                                                                                    J. J. Jackson  seal

 

signed sealed, published and declared by the testator John J. Jackson, as and for his last will and testament, in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.  Witness our hands this 7th day of July 1873

                       

                                                                                    W. H. Wolfe

                                                                                    Frank Rex

 

West Virginia

            At a County Court held for Wood County at the Court House thereof on Monday the 22 day of January 1877 The foregoing last will and Testament of John J. Jackson deceased was this day presented in court and duly process by the oath of William H. Wolfe and Frank Rex subscribing witnesses  thereto and ordered to be recorded in the Clerk office of said Court.

 

                                                                        Teste

                                                                                    Will Hutcher   seal

 


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