Jacob J. Jackson's Will

                                         Lewis Co., (W) V Will Book A pp. 14-20

In the name of God, Amen

            I, Jacob J. Jackson of Lewis County, knowing the certainty of death and the uncertainty of the duration of life, and being of sound mind and capable of making disposition of my property, and desiring to do so, do make and publish this my last will and Testament not heretofore made a will.

Item 1st I desire all my debts to be paid              

 Item 2nd I desire that the farm on Stone Coal, on which I now reside, whether held by one or more titles, to remain undivided until my youngest child shall arrive at the age of Twenty one years: That, during that time I desire that the said farm shall be cultivated, farmed and managed for the support and benefit of my beloved wife and my five children for whom no other provision has been made-to wit: My daughter Mary Elizabeth Miles, wife of the Rev. James W. Miles, and in case of her death to her children, and my four infant children, George Washington, Margaret Drusilla, Cecelia Beverly, and Jacob William-My said wife to have one third of said farm during her life, as its rents and profits at her discretion, and the use, or rents and profits, of the remaining two thirds of said farm, to be used for the education and support of said devisses; and if any surplus remain that it be devoted to the improvement of said farm, when necessary or desired expedient.  At the time my youngest child shall arrive at the age of Twenty one years, I desire that said farm shall be owned and held either jointly or separately by my said five children, and in case of the death of any of them, that his or her share shall pass to their heirs in the same manner it would under the law without this devise.  This direction is made because I have heretofore conveyed and provided for my son John Columbus, Martha E. Bush and Randolph.  That is to say I have conveyed to John Columbus about three hundred and three acres and have given him some money, and personal property of the probable value of about Four hundred dollars and I have given to my daughter Martha E. Bush and her husband about Twelve hundred dollars or upwards.

Item 3 I recently became the purchaser of eight or ten acres of land, including the Jackson Mill property in the County of Upshur; near the town of Buckhannon at the sum of Six Thousand Five hundred and fifty dollars which I desire and direct to be sold; and that the sale be on such credit as will meet the instalments which I contracted to pay at a sale thereof during the last year, being I think the sum of Two Thousand five hundred and fifty dollars at on and two years with interest from date and as to the residue the sale to be made upon a credit not exceeding 4 years with interest from date, the interest payable semi-annually.  I also own an interest in a mill lot of land known as the Samuel Jackson lot, in which I own two sevenths-the whole containing about eleven acres, which I desire to be sold with and upon the same terms of my mill property.  In respect to this mill property, I had a verbal contract of sale to my Brother George R. Jackson, who has recently departed this life, and which I am advised cannot now be executed, and which my brother George, before his death, desired should be cancelled.  He had the use of said Mills for some time, and made some improvements thereon;  I desire that my brother's estate be charged with the use of said Mills, and be pais for the improvements he made thereon.

Item 4th I desire, so much of my grain and meats, vegetables___for the support of my wife and infant children for Twelve months be be set apart without charge-That all my household and kitchen furniture be set apart and kept together for the use of my wife and infant children and to be retained until my youngest child arrive at Twenty one years of age; Also five milking cows to be selected by my wife, be set apart and so retained as the said household furniture, beds __are directed merely retaining an inventory of values.

            All debts to me owing I desire to be collected, and all other personal estate not herein before named I desire to have sold upon such terms as may be decreed avisable, not exceeding twelve months, and all the money arising therefrom, I desire to have loaned out or invested as follows: To loan to my son John Columbus, if he desires it, One Thousand dollars upon the terms thereafter named, without security, until my youngest child shall arrive at Twenty one years of age.  The residue of said money I desire to have loaned out upon good security upon real estates, upon deed of trust as mortgages payable at or near the time my youngest child shall arrive at the age of Twenty one years, with interest from date.  The interest to be payable every six months, and the interest re-invested upon the same terms.  At the time my said youngest child shall arrive at the age of Twenty one years, I desire that all of said money shall be collected in, and that said money and the advancements heretofore made and the present value of the personal property, directed to be kept together and the real estate herein devised be brought into hotchpot, and that an equal distribution be made to them or their heirs.  In the meantime, and during the life time of my beloved wife, I wish one third of the interest on the money herein before directed to be invested to be paid semi-annually to my wife, and at her death to be distributed amongst my said children; and to that end that said investment of one third be continued until the death of my said wife.  In thus disposing of my effects I do not wish my son Randolph included as I have given to him heretofore all that I desire for him to have of my estate; but I do not wish him too much hastened or pressed in the debts he owes me.

Item 5th  Many years ago my brother George R. Jackson and I purchased the dower estate of the Widow of Samuel C. Jackson in certain lands on Stone Coal, at the price of Three hundred and eighteen dollars.  I paid Two hundred dollars, and my brother George paid one hundred and eighteen dollars.  The only writing on the subject is I think in my own individual name and what I desire here is to have the matter of said purchase confirmed and equalized.  The payment of said one hundred and eighteen dollars were to have been made by said George R. Jackson and has probably been paid.

Item 6th David Rounifield, Arnold Rounifield and Rufus Maxwell owe me five hundred and sixty four dollars payable six months after date, with interest from date, dated 3rd January 1859, which, if at maturity the parties wished to have further time for payment it was agreed that they should give a new note, negotiable at four months including interest and discount.  I wish my personal representative to observe and carry out said understanding.

Item 7th:  I have been for many years paying all the taxes on the lands owed by George R. Jackson and myself.  I name it merely to enable my executor to settle the same.

Item 8th:  It is my will and desire that the remains of my first wife be disinterred and buried at the George R. Jackson burrying ground: By whose side I wish to be burried in a plain and substantial manner.

            And lastly I nominate and appoint Jonathan M. Bennett, ESQ., Executor of this my last will and testament with power to carry out the provisions herein contained, with discretion not to sue on debts where from inability to pay, my estate may be subjected to costs in attempting it. 

The above will was written on the 12 January. 1859 and probated 18 January, 1859.