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.