Washington Co., Virginia Will Book 20:334
Will of Peter Clark
dated 4 Nov. 1873; codicil dated 2 Mar 1878
transcribed by D. Powell from FHL mf #2025875
based on an earlier transcription of the original will by Carol Lockas
I Peter Clark of Washington County in the State of Virginia do make this my last Will and Testament in the manner following viz
1st I will that after my death my executors hereinafter named pay all my funeral expenses and have a neat set of marble tomb Stones erected at my grave out of any money that may come into their hands.
2nd I give my four daughters viz Eliza, Susan, Amanda and Emily each two beds and bedding, and all the rest of my household and kitchen furniture I give to my two sons John and Thomas with the exception of Henry's [?] Commentaries on the Bible which I give to my daughter Susan and the Family Bible I give to my son Thomas.
3rd I give to my sons John and Thomas all my stock of horses, cattle, sheep, hogs and all grains on hand and growing crops also all my farming utensils.
4th I give to my daughters Eliza Harriet Susan Amanda and Emily each one eighth interest in my home tract of land and to my sons John and Thomas jointly three eights of the same tract.
5th I give to my sons John and Thomas jointly the tract of land I purchased of E. A. Robinson.
6th I give to my son James my entire interest in the tract of land on which he now resides being the same tract formerly belonging to Richard Montgomery, dec.
7th In consideration of the legacies here in devised to my Sons viz James John and Thomas I direct that they pay to my daughters Eliza Susan Amanda and Emily each one good horse and two good cows to be worth at a fair valuation the sum of one hundred and fifty dollars or in lieu thereof pay to each one of them the sum of one hundred and fifty dollars in money. My son James to pay one half and my sons John and Thomas jointly to pay the other half to the daughters or their legal representatives are required to give them at least twelve months notice before the payment of said stock or money be demanded.
8th I give to my sons John and James all the money on hand and debts due me at the time of my death.
9th I give to my Daughter Susan my buggy.
10th I constitute and appoint my sons John and Thomas Executors of this my last will and testament. In testimony whereof I hereunto signed my name and affixed my seal this the 4th day of November 1873.
/s/ Peter Clark
Signed sealed and declared to be his last Will and Testament by the above signed peter Clark in the presence of us whose names are hereunto annexed as witnesses in the presence of the testator, this 4th day of November, 1873
M.M. Morriss
H. M. White
I.M. Benham
Whereas, I Peter Clark of the State of Virginia County of Washington have made my last Will and Testament bearing date November 4th 1873 and whereas I desire to change the 4th section of said Will in manner and form following, I do hereby make and ordain this codicil to my will aforesaid which to all interests and purposes shall be part and parcel thereof.
In lieu of one eighth interest in my home tract of land given to my daughters Eliza Harriet Susan Amanda and Emily each I hereby give them ten acres of land each to be taken off said homestead and the remainder of the land of said homestead I give to my sons John and Thomas jointly. I hereby revoke the said 4th section of my said will and direct that the directions of this codicil is my will instead. This Codicil is not intended in any wise to interfere with any of the other provisions of said will bearing date November 4th, 1873. In witness whereof I have hereunto set my hand and seal this 2nd day of March 1878.
/s/ Peter Clark
Signed sealed and declared to be a codicil to his last Will and Testament by the above signed Peter Clark in the presence of us whose names are hereunto annexed as witnesses in the presence of the testator this 2nd day of March 1878.
M.M. Morriss
James A. Clark
At a court continued and held for Washington County the 26th day of July 1880.
The last Will and Testament and Codicil thereto of Peter Clark dec'd was produced in court and the will was proven by the oath of M.M. Morriss and I.M. Benham two of the subscribing witnesses thereto and continued until next term for further proof by the other subscribing witness.
At a court held for Washington County the 27th day of September 1880. The last Will and Testament & Codicil thereto of Peter Clark dec'd was again produced in court and the codicil was proven by the oath of James A. Clark the other subscribing witnesses thereto, and the Will and Codicil ordered to be recorded. Thomas Clark one of the Executors named in said will declined to qualify as such executor. Thereupon on motion of John M. Clark the other Executor named in said Will who took the oath of an Executor prescribed by law and together with James P. Clark and Thomas B. Clark his securities entered into and acknowledged a bond in the sum of one thousand dollars conditioned as the law directs. A certificate is therefore granted him for the probate of said will in due form.
Teste. Wm G. Lowry