Washington Co., Virginia Will Bk 26: 296
Will of William S. Ryburn
dated 30 June 1886; codicil dated 17 Dec. 1898
Recorded 26 Feb. 1900
Transcribed by Roger Ryburn and dp
I, William S. Ryburn, of the county of Washington and State of Virginia, having heretofore made and executed a will of date the 27th day of February, 1885, which was written by George R. Barr and subscribed by D.C. Cummings Jr., Jno. W. Barr, T. P. Trigg and F.B. Hutton as attesting witnesses to which said will there was appended a codicil of date Sept. 19th 1885, which was likewise subscribed by F.B. Hutton, D.C. Cummings Jr., T.P. Trigg and Jno. W. Barr as attesting witnesses, which said will and codicil were both enclosed in an envelope upon which was endorsed the following memorandum, viz: “The will and codicil of William S. Ryburn of Washington County, Virginia, will dated February 27, 1885, codicil dated September 19th 1885, witnessed by F.B. Hutton, D.C. Cummings Jr., T.P. Trigg and John W. Barr, which I deposit with T.P. Trigg Esqr. Cashier Ex. & Deposit Bank, Abingdon, Va. to be held by him until after my death, then to be handed by him to my Executors in the presence of the Judge of the County Court of Washington County, Virginia, where the envelope is to be opened; and the will and codicil offered for probate. My executors are Patrick Ryburn, John D.G. Ryburn and Samuel L. Ryburn; and I, the said William S. Ryburn the testator who executed the said will and codicil, owing to circumstances which have move me thereto, being desirous of making certain changes in the said will and codicil, having received the same with my own hand from the custody of T.P. Trigg Esq. Cashier Ex. & Deposit Bank Abingdon, Va. with whom the same was deposited as aforesaid, and having on this the 17th day of June, 1886, in the presence of George R. Barr and of John W. Barr, opened the said envelope with the view of having such changes made and of having said will and codicil revoked.
Now, I, the said William S. Ryburn of Washington County, Virginia, do make the following last will and testament; and I do hereby revoke any and all other wills and codicils made and executed by me at any time heretofore and especially do I hereby revoke and annul the said paper above described purporting to be my last will and testament, of date February 27th 1885; and the codicil thereto attached of date September 19th 1885.
1st I desire to attest my love and respect for the memory of my deceased wife, Rebecca J. Ryburn, who departed this life on the 23rd day of April, 1886; and, for whom in said former will and codicil I had made ample provision out of my estate, as was her due, in case she had survived me; and, being desirous that my children, and grandchildren, shall ever hold in the most endearing recollection the life and character of their mother, who has been my helpmeet(?) indeed, and aided me by her wise counsel and well directed labor and effort in the making of the real and personal estate I hereinafter give them which will place all in comfortable situations, I do hereby express the hope that my children and heirs will esteem the untarnished name of my dear wife, their mother, as of more worth to them than the earthly goods I shall bequeath them. Never forget the good name of your mother and ever cherish her memory.
2nd I wish all my debts and funeral expenses to be promptly paid by my Executors hereinafter named.
3rd Out of my household property I desire that my sons John D.G. Ryburn and Samuel L. Ryburn and my daughter Sarah E.M.M. Ryburn shall first be equalized with my son Patrick Ryburn and Mary Mc the wife of Leander Ramsey respectively, who have heretofore been apportioned with household property by me. The residue of my household and kitchen furniture I desire shall not be sold, but that the same, except that which I specifically bequeath hereafter, be divided equally between all of my children and my grandson, William R. Carmack – share and share alike – that of my said named grandson to be held by my daughter Sarah E.M.M., for him until he shall become twenty one years of age; and, upon the trusts hereinafter expressed I bequeath to my said named grandson a bed, bed stead and bedding which I had intended for his mother, my daughter Elizabeth Jane, to be in like manner held for him by my daughter Sarah E.M.M. as the other property above bequeathed to him is expressed to be hold. To my daughter Mary Mc Ramsey and Sarah E.M.M., I bequeath all the carpeting in the house, to be equally divided between them. To Sarah E.M.M., I bequeath the sewing machine.
4th To my son Patrick Ryburn I bequeath the sum of One hundred dollars, to be paid by my Executors out of the proceeds of the sale of my knob land, hereinafter directed to be sold, and of my personal estate. Said sum to be paid within two years after my death; also my horse hay-rake – also my Family Bible.
5th To my son, John D.G. Ryburn I bequeath my old grass Mowing Machine, which I first owned; and my Corn Sheller.
6th To my son Samuel L. Ryburn I bequeath my new wheat Drill and new Mowing Machine; also my Silver watch; also, a two year old white faced spotted heifer, “spot”.
7th To my daughter, Mary Mc, wife of Leander Ramsey, I bequeath the sum of One hundred dollars to be paid to her by my Executors out of the proceeds of the sale of my Knob land hereinafter directed to be sold, and of my personal estate – said sum to be paid within two years after my death; also, my Weaver’s Loom, together with all the fixtures and appurtenances thereof, and used in connection therewith.
8th To my daughter, Sarah E.M.M. Ryburn, I bequeath the sum of One hundred dollars to be paid to her by my Executors out of the proceeds of the sale of my knob land hereinafter directed to be sold, and of my personal estate. Said sum to be paid within two years after my death. To my said daughter Sarah E.M.M., I also bequeath the sum of twenty-five dollars additional, which direct to be paid to her by my Executors in Gold, out of a Certificate of deposit payable in gold, in the Exchange and Deposit Bank of Abingdon, Virginia. The proceeds of the residue of said certificate of deposit and of any renewal thereof which I may make, I direct to be equally divided between my sons Patrick, John D.G. and Samuel L. Ryburn, Mary Mc Ramsey, and my grandson William R. Carmack, share and share alike – the proportion of my said Grandson, with its interest, to be held for him in trust by my Executors until he shall attain the age of twenty-one years, and subject to the limitations of the 9th clause of this my will. I also bequeath to my said daughter, Sarah E.M.M., a horse, to be selected from my horses by her; also, a two year old roan heifer, called “Roan”.
9th To my grandson William R. Carmack, the son of my deceased daughter Elizabeth J. Carmack, I bequeath the sum of two hundred dollars out of the proceeds of the sale of my knob land hereinafter directed to be sold, and of my personal property, the said sum to be held for him in trust by my Executors or securely invested for him, upon upon [sic] interest, until he shall become twenty-one years of age, at which time the said sum, together with the proportion of the certificate of deposit which I have bequeathed to him under the preceding 8th clause of this my will, and the accrued interest on both sums, shall be paid over to him, or his lawful issue. But, in case my said grandson shall die before attaining the age of twenty-one years unmarried and without issue living at the time of his death, or in case he shall die without issue after attaining his majority, then, and either such event, I bequeath that any and all property, sums of money, or _______ in __tion, bequeathed to him or for his benefit under this or any other clause of this my will, shall be paid by my Executors, to remain, belong, or revert to my lawful heirs. In the event of my grandson’s death before majority, leaving issue, I bequeath the property herein bequeathed to my said grandson to such of his issue subject to the same limitations and restrictions attendant upon the bequest to my said grandson. I wish to express definitely that, in no event is any portion of my estate or any bequest herein or under any other clause of this my will to be paid over to my grandson William R. Carmack before he attains the age of twenty-one years.
10th To my sons Patrick and John D.G. Ryburn I bequeath my Rifle gun and my revolving six shooter Pistol to be divided as they may desire.
11th I hereby direct that my “Knob land”, which was conveyed to me by Patrick Ryburn, and all the rest and residue of my personal property not hereinbefore specifically bequeathed or disposed of under the foregoing clauses of this my will, shall be sold by my Executors – the personal property to be sold within a reasonable time; and the said “Knob land” within ten years after my death – Said sale of the “Knob land” to be made either publicly or privately as my Executors may deem advisable; and, after the discharge of my debts, funeral expenses, and the specific bequest hereinbefore made, out of the proceeds, the residue shall be equally divided between my said children Patrick, John D.G. and Samuel L. Ryburn, Mary Mc Ramsey, Sarah E.M.M. Ryburn, and my grandson William R. Carmack, in equally proportions – share and share alike – the proportion of my grandson, William R. Carmack, to be held in trust by my executors for his benefit, subject to the terms, limitations and restrictions named and contained with reference to the property specifically bequeathed to him by and under the 9th clause of this will.
12th To my son Samuel L. Ryburn, I devise my home farm upon which I now reside, less and excluding about nine and a quarter (9 1/4) acres thereof, which is bounded as follows: Beginning at the stump of a former large white oak on a line of Benjamin Reed’s land and running S.81½ W. 48 poles to a stake in a road, thence along said road S. 13 E. 24 18/25 poles to a stake in the road, on the Larimore line, thence with the same S.86 1/2E. 53 ¾ poles to a planted stone, corner between my home farm and the Larimore land, thence with a straight line to the beginning. I also devise to my said son Samuel L. my tract of land known the Eakin farm and also the tract of land known as the Graham farm.
13th To my son Patrick Ryburn I devise the land upon which he now resides, known as the Lowny [Loury?] land.
14th To my son John D.G. Ryburn, I devise the land known as the Fulcher land.
15th To my daughter Mary Mc Ramsey wife of Leander Ramsey, I devise during her natural life, and after her death to her children and to the survivors of such of them may due [sic] without issue surviving, two-thirds of my farm known as the “Hall’s Bottom” land, to be laid off on the South side of said farm, the line of division to be so run as to include in said two-thirds, the grainery and stable which I have had erected; and also the spring, and dwelling house which is now erected, so as to leave the two-thirds so laid off and the remaining one-third which I have sold to my son-in-law, Leander Ramsey, in as good shape as practicable; and, in the event that my said daughter shall die without children surviving her, or the further event of her leaving children who shall all die without brother or sister, or issue surviving, then, in either such event, the land devised under this clause shall revert to my lawful heirs.
16th To my daughter Sarah E.M.M. Ryburn, I devise, during her natural life, my land known as the Beatty farm, less and excluding Sixty-one acres, two roods and seven poles, which is hereinafter devised to my grandson William R. Carmack, I also devise to my said daughter during her natural life nine and one-forth acres of land part of the home farm, which was excepted from the home tract devised to my son Samuel L. Ryburn under the 12th clause of this my will, and which said exception is described by metes and bounds in said 12th clause; and I also devise to my said daughter Sarah E.M.M. Ryburn, during her natural life, the farm known as the Larimore land; and, in the event my said daughter Sarah E.M.M., shall hereafter marry and have children born unto her, then they, or the survivors of them, or their issue, shall take and hold the remainder of the land herein devised to my said daughter Sarah E.M.M., subject to the same conditions, limitations and restrictions, in all respects, as contained in the 15th clause of this my will, with regard to the land devised to my daughter Mary Mc Ramsey.
17th To my grandson William R. Carmack, son of my deceased daughter, Elizabeth J. Carmack, I devise during his natural life, a tract of land known as the Montgomery land; also, from six to seven acres known as the Painter land; also that part of the land known as the Beatty land lying East of a line beginning on a large locust on a line of Benjamine Reed’s land S. 25 ¼ E. 118 ¾ poles to a white oak on the Blue Spring road on Copenhaver’s line, N. 53 ½ E. 18 poles, N. 69 ½ E. 32 poles, N. 14 ½ W. 15 ¼ poles, N. 11 E. 8 ¾ poles, N. 11 W. 16 4/5 poles, N. 41 ¾ E. 13 ½ poles, N. 11 E. 16 poles, N. 12 E. 16 poles N. 38 W. 74 poles S. 50 W. 82 poles to the Beginning, continuing about 61 acres 2 roods and 7 poles. But the said lands, as well as any other of my lands, which he may by possibility inherit or devise of my estate, are to be held in trust by my Executors for the said devisee, William R. Carmack, until he becomes twenty-one years of age – to rent the same upon the best possible terms to good and responsible parties, with the right to use so much of the proceeds thereof as may be necessary to pay the taxes upon said lands and to keep up the same and the appurtenances thereof; and, the remainder of said rents after paying taxes and repairs, shall be invested, or placed at interest, and so kept until the said William R. Carmack, shall become twenty-one years of age, when whatever amount that may have accrued from said rents and the investments thereof, shall be paid over to the William R. Carmack; And, in the event that the said devisee shall die before he attains his majority leaving no lawful issue surviving him, then, and in that event, all amounts accrued from said rents, issues and profits of said land, shall be paid over by the same Executors to my distributes; and, in the said devisee shall die at any time leaving issue all of whom may die before attaining the age of twenty-one years, then, and in that event, the property herein devised; and, the rents, issues, and profits thereof shall revert to and be paid to my lawful heirs and distributes. In the event of any of the children of my said grandson attaining the age of twenty-one years I devise to them, living at the decease of my said grandson, the remainder of the lands devised by this clause. In the event that any litigation shall arise concerning the property devised or bequeathed to my said grandson under this or any other clause of this my will, I direct that the same shall be defended by my said Executors, and the expense thereof shall be defrayed out of the property devised and bequeathed to him my said grandson.
18th In the event of the death of my daughter Mary Mc Ramsey or Sarah E.M.M. Ryburn leaving a husband and issue surviving them, it is my will that such husband, whilst he shall remain a widower, shall use and occupy the land and personal property devised and bequeathed to my said daughters, for the support and maintenance of the children of such daughters until said children shall respectively become of age; but, no portion of such property is at any time to be used for the payment of any debt or liability of any such husband. I hereby express that no such privilege as I have by this clause conferred upon the husbands, present or future, of my said two named daughters Mary Mc and Sarah E.M.M. shall ever pertain or be exercised by James T. Carmack who was husband of my deceased daughter Elizabeth Jane.
19th The property real and personal, herein before devised and bequeathed to my daughters Mary Mc Ramsey and Sarah E.M.M. Ryburn, I direct shall be held as their separate Estate free from the debts, management and control of the present or future husbands of either of them.
20th I deem it proper to state that I had intended giving my daughter Elizabeth J. Carmack a horse, but had not delivered the same to her; yet James T. Carmack, her husband, took possession of said horse without my permission and never returned it.
21st It is my desire that, in case my Executors shall, for any cause, fail or decline to carry out the provisions of this my will with regard to the devises and bequests to my said grandson William R. Carmack, that the Court having jurisdiction of the matter shall appoint some suitable person as Trustee to carry out said provisions and trusts; but in no event, under any circumstances, to allow James T. Carmack to be appointed as such Trustee or for such purpose, or for any other purpose under this my will.
22nd I hereby appoint my sons, Patrick Ryburn, John D.G. Ryburn and Samuel L. Ryburn, Executors of this my last will and testament; and, hereby request that they may be permitted to qualify as such upon their own bond, without further security, believing that they will regard my wishes and faithfully carry out the provisions of my will; and, I direct that for their trouble in administrating my Estate and for the performance of the duties herein and hereby imposed upon them, they shall receive no other allowance or compensation than that which I have hereinbefore given them. In case of the failure or refusal of either of my Executors hereinbefore named to take upon himself the burden of administering upon my said Estate according to, and of carrying out the provisions of this my will in reference to my said grandson hereinbefore expressed, the proportionate expense of his failure so to qualify and of the settlement of my Estate and of carrying out said provisions, shall be paid out of the property hereinbefore bequeathed or devised to such son, provided that for good cause such son may be relieved of the provisions of this clause of my will.
In witness whereof I have signed, sealed, subscribed and declared this instrument to be my will, and I hereby revoke all other wills by me made at any time. Witness my hand and seal this 30th day of June 1886.
W.S. Ryburn (seal)
The said William S. Ryburn in the town of Abingdon, Washington County, Virginia, on this the 30th day of June of 1886, signed and sealed this instrument and published and declared the same as and for his last will; and we, at his request, and in his presence, and in the presence of each other, have hereinto written our names as subscribing witnesses.
Daniel Trigg.
F.B. Hutton.
R.A. Preston.
T.P. Trigg.
I do hereby certify that at the request of William S. Ryburn, I have written his will, embraced in the preceding pages of these four sheets. Given under my hand this 30th day of June 1886.
Geo. R. Barr.
I William S. Ryburn of the County of Washington and State of Virginia, being of sound mind and disposing memory do make this my Codicil to my last will and Testament dated June 30th 1886, and witnessed by Daniel Trigg, F.B. Hutton, R.A. Preston and T.P. Trigg.
Whereas my son Samuel L. Ryburn mentioned in my will has departed this life leaving three sons, to wit: Frank McCutchan Ryburn, William Thomas Ryburn and John Patrick Ryburn, and I now make the clause of my will that devises and bequeaths certain properties to my said son Samuel L. Ryburn and in Lieu thereof I will and devise to my three Grandsons above mentioned all the real and personal estate which I willed to my son Samuel L. Ryburn to be equally divided among them; except 47 acres of the Home farm which I have this day agreed to convey to Wm J. Snodgrass and his wife Sarah E.M.M. Snodgrass and their children upon the conditions mentioned in said agreement and except for my Silver watch which I willed to my son Samuel L. Ryburn I now bequeath to my son John D.G. Ryburn. However the above devise to my Grandsons is subject to Dower of Emily Ryburn widow of Saml. L. Ryburn so long as she remains unmarried and no longer. If in the event that Emily Ryburn shall marry again her dower interest mentioned above shall cease the same as if she were dead.
I furthermore give and bequeath to my son John D.G. Ryburn, only for his own use and control, the room and the use of the front door and stairway thereto only during the time his remaining unmarried.
I also give and bequeath to my son John D.G. Ryburn my large Bureau with glass.
I give and bequeath to my Grandson Wm Thos. Ryburn a small bureau with glass.
I give and bequeath to my son Patrick Ryburn his mother’s Bureau (known as his mothers Bureau).
I allow my son John D.G. Ryburn to get his firewood of the lands devised to the sons of Samuel L. Ryburn during the time of his remaining unmarried.
I hereby revoke clause 9th of my will – instead of giving to my Grandson Wm R. Carmack $200.00 I give and bequeath to him the said W.R. Carmack $100.00 one hundred dollars.
I give and bequeath to my daughter Mary Mc Ramsey $100.00 in addition to the bequests heretofore made to her in my will to be paid within two years after my decease.
It is my desire that the executors named in my will and this codicil thereto shall hold the property therein devised to the three sons of Samuel L. Ryburn deceased for them until they are twenty-one years of age.
I hereby appoint my son-in-law William J. Snodgrass one of the Executors of my last will and Testament in place of Samuel L. Ryburn, whom I had appointed in my will.
I direct that my son John D.G. Ryburn shall not rent the Room hereinbefore set apart for his use.
Witness my hand and seal the 17th day of December, 1898.
W.S. Ryburn (seal)
W.S. Ryburn this day signed and acknowledged the foregoing codicil to his last will and Testament in our presence, and in the presence of each other, and as witnessed the signature of W.S. Ryburn to the foregoing codicil to his last will in his presence and in the presence of each other. December 17th 1898.
D.C. Cummings Jr.
L.P. Summers
At a Court begun and held for Washington County, the 26th day of February, 1900.
A writing purporting to be the last will and testament and codicil thereto of W.S. Ryburn, deceased, was this day produced in open Court, and said will was proved by the oaths of F.B. Hutton and R.A. Preston, two of the subscribing witnesses thereto, and the codicil to said will, bearing the date December 17th 1898, was proved by the oaths of L.P. Summers one of the subscribing witnesses thereto, and the due attestation of said Codicil by D.C. Cummings Jr. the other subscribing witness thereto was proved by the oaths of said L.P. Summers. It is therefore ordered that said writing be recording as and for the last will and testament and codicil thereto of W.S. Ryburn, deceased. Thereupon on motion of J.D.G. Ryburn and W.J. Snodgrass, two of the Executors therein named who took the oaths of an executor prescribed by law and entered into and acknowledged a bond in the sum of Four Thousand dollars conditioned as the law directs, without security, the Testator requesting that none be required of them. A certificate is therefore granted them for obtaining a probate of the said will and codicil thereto of W.S. Ryburn, deceased, in due form.
Teste:
A.R. Blackwell, D.C.