Washington Co. Virginia Will Bk 18: 18-20
Will of James Clark
Dated 15 March 1870; recorded 28 Aug. 1871
Transcribed 5/01 by D. Powell from a photocopy
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Washington County, Virginia March 15, 1870
I James Clark being of sound and disposing mind do make this my last will & testament, revoking all others
First I will & bequeath to my son James A. Clark the west end of my farm to a line commencing at a red oak & hickory on the top of a ridge near a ledge of rocks corner to the ebbing spring tract running supposed of north to a cohit [?] oak marked with a X on The west and north sides inside the hill field supposed to be forty rods thence north with division fence near a swat [?] apple tree to a hollow black oak outside the fence marked with X east side supposed to be about 45 poles. Thence
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about an east direction about 20 poles to a white oak marked with X on the south and north sided out side the fence of the hill field – thence in a Western direction about 50 poles to a white oak on the line between John B. Clark and myself marked with a X on the west south & east side to be held by him & his heirs forever – Martha to have the [two or ten] rooms upstairs in the east end of my house & as much of my room as is necessary for her comfort to be boarded & furnished in firewood by James all of which she is to have a long as she remains single Martha to have all the beds & clothing that she has made herself
I will & bequeath to my daughter Martha two hundred dollars James to have the remainder of my land east of the line by paying twenty five dollars per acre and if he refused to take it I direct my executors to sell it to the highest bidder and also to the remainder of my other property I direct my executors to sell the proceeds together with the remainder of my estate after paying my just debt to be equally divided between the following heirs viz Issabella Smith and her children Rachel & Fanny daughters of Jane Smith deceased Martha Clark Mary S. Hutton & her heirs and Mathew R. Clark[s?] children the portion belonging to Mathew R. Clark children held by my son James until [the court appoints a guardian for them – the previous line was crossed out] one of his children arrive at the age of 21 that is capable of attending to it –
I will and bequeath to Mathew R. Clark all the notes & accounts that I hold on him up to the first of April 186_ and I will & bequeath to Mathew R. Clarks children the land on which he now lives to be controlled by my son James until one of the heirs arrives of the age of 21 years capable of taking charge of the business My executors to sell or swap the land with the consent of the family if the profit on the land fail to pay the tax, I direct my son James to pay it out of the children’s money I wish my four daughters & their heirs to have all my household & kitchen furniture to be equally divided among them James to have my wagon farming utensils & harness. Lastly I appoint my son James my
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Executor
James Clark s___
Attest
James C. Porterfield
James P. Clark
At a Court held for Washington County the 28th day of August 1871
The last will land testament of James Clark Sr. dec’d was produced in Court and
Proved by the oath of James P. Clark & James C. Porterfield the two subscribing witnesses thereto and ordered to be recorded
Teste – David _ Cummings DC
At a Court continued & held for Washington County, the 27th day of October 1871
The Court having at the September term permitted James A. Clark to qualify as executor of James Clark dec’d having executed bond with security, but the clerk having failed to enter said order, the court now proceeds to enter the order, meme protune –
On the motion of James A. Clark who took the oath of Executor with the Will annexed of the estate of James Clark, dec’d prescribed by law, and entered into and acknowledged a bond in the sum of two thousand dollars with James C. Porterfield and James K. Smith as his security, conditioned according to law = A certificate is therefore granted him for obtaining letters of Administration on the Estate of James Clark deceased in due form.
Teste
David _ Cummings DC