WILL OF PHILIP SUTTON

Submitted by Barbara Johnson (patch227@yahoo.com)

Philip Sutton was born in England and settled in Wheeling in 1829. 
He ran a coal mine in Wheeling. Born Alstonfield Parrish, Staffordshire 
1801, died Wheeling in 1871.


Will:
I Philip Sutton of the City of Wheeling in the County of Ohio and State 
of West Virginia being of sound and disposing mind and memory do hereby 
make ordain and constitute this day my last will and testament as 
follows-viz-
Item First - I give and bequeath unto my beloved wife Mary Sutton my 
farm upon which I lately resided in the County of Marshall in the said 
State of West Virginia to have the full entire and complete, control of 
the same so long as she may live with power to her, the said Mary if she 
desires so to do, to sell and dispose of the said farm and convey the 
same at any time during her natural life as she may desire, but if she 
Shall not during the natural life of her the said Mary, sell and convey 
the said farm then in that case at her death I desire that the same 
shall be divided between my children share and share alike and in case 
the said farm shall be so sold and conveyed by my said wife Mary under 
the provisions of this will then in that case I desire that all the 
proceeds of the said sale remaining at the time of my said wife death 
Shall be equally divided among all my children share and share alike. 
The farm above named contains Two hundred and sixty three acres more or less
Item second - I give and bequeath unto my sister in law Elizabeth Sutton 
of the City of Wheeling aforesaid all the right, title and interest I 
have in and to all the property situated upon the north portion of the 
lot lying on the North West Corner of Union Street and Fifth Street, in 
the Second Ward of the said City of Wheeling in which my said sister in 
law now resides and which said property I hold jointly with her as the 
widow of my deceased brother George, to have and to hold all, my said 
interest in said property for and during the natural life of her the 
said Elizabeth Sutton and at her death I desire the said property to 
descent to my heirs, according to law and as to all the residue of the 
above described lot not heretofore bequeathed to my Sister in Law 
Elizabeth Sutton I give and bequeath the same with all the improvements 
thereon unto my beloved wife Mary with all the rights, powers and 
privileges in regard to the same which I have conferred upon her in the 
disposition of my Marshall County farm and at her death I desire the 
same or the proceeds of the sale of the same then remaining to be 
divided among all my children equally share and share alike.
Item Three - As to all the other property of which I may died possessed, 
whether the same be real personal or mixed wheresoever the same may be 
situated I give and bequeath the same unto my Executrix hereinafter 
named, and I direct that my said Executrix of this my last will and 
testament Shall out, of my Estate pay off all my just debts and 
liabilities as soon after my decease as convenient and I give unto my 
said Executrix all my choses in action and further I giver her the right 
to sell and convey the real estate herein bequeathed to her as I have 
before directed
Item Fourth - I do hereby nominate, constitute and appoint my wife Mary 
Sutton Executrix of this my last will and testament and I request and 
desire that any court or other authority by which this will may be 
admitted to probate shall permit my said Executrix to act as such 
without giving any other or further security as such than her own 
personal bond and I hereby revoke all other former wills by me at any 
time made.
Witness my hand and seal at Wheeling aforesaid this Twenty sixth day of 
January in the year of Our Lord One thousand Eight hundred and seventy one.
Philip Sutton