WILL OF JOHN McFERRAN, Book 4, Ohio County, West Virginia

             Submitted by Virginia Simms Toney.

I, John McFerran of the city of Wheeling West Virga (sic) hereby revoking 
all last wills and testaments heretofore made by me, do make and publish 
this my last will and testament, in manner and form following, that is to 
say I give devise and bequest unto Jane Bell Sweeney, wife of Thos. S. for 
her sole and separate use and excluding all marital rights of her husband, 
one moietey (sic) of all my real personal and mixed estate, except my Law 
Library, which I give and bequeath to John McFerran Sweeney or the proceeds 
thereof if his parents Thos Sweeney and Jane B. Sweeney may deem expedient. 
I also give and bequeath to M. Thos Sweeney two Land warrents one numbered 
1091 for 160 acres and the other numbered 40992 for 80 acres and my Gold 
watch & Gold headed cane, and if it should be the will of Providence that 
the said Jane B. Sweeney should die before her husband Thos. Sweeney my 
desire is that the above moitie (sic) shall be equally distributed to her 
issue M. Thos Sweeney, John McFerran Sweeney & Ann Eliza Jane Sweeney or 
any other heirs she may have and in case of the death of either of the 
above named heirs then to go to the survivors equally as may be deemed 
proper & expedient - - I also devise give & bequeath to my daughter 
Elizabeth M. Gilfillan wife of Edward Gilfillan the other moitie of my 
Estate Real personal and mixed for her sole and separate use and excluding 
all marital rights, during her Natural life and if she should die without 
issue, then the said Moietie(sic)to go to the heirs of Jane B. Sweeney - It 
is my desire that Thos. Sweeney the husband of Jane B. Sweeney be the 
Executor of this my last Will & Testament

John McFerran 
Witnesses

As the intent & object of a will is to fulfill the wish & desire of the 
testator I do hereby express & repeat that all my Estate real or personal 
shall be distributed to my lawful and legal connections & issue, that is to 
say to be equally divided with Jane B. Sweeney & Elizabeth M. Gilfillan & 
if either Jane B. Sweeney or Elizabeth M. Gilfillan should die, that their 
respective legacy shall be distributed to their respective legal heirs 
already living or that may be born after my death, but if Elizabeth 
Gilfillan should die without lawful issue my desire is that her portion or 
moitie shall be given to the heirs of Jane B. Sweeney or her assigns, and 
lastly, my express will & meaning is and I do hereby order and appoint, 
that if any difference, dispute, question or controversy shall be moved, 
arise or happen, concerning any gift, bequest, or devise or other matter or 
thing in this my will expressed or contained, that then no suit or suits in 
law or equity or otherwise shall be brot (sic) commenced or prosecuted for 
or concerning the same, but the same shall be referred wholly to the award 
order & determination of the Recorder of the County of Ohio West Virginia & 
what he shall order direct or determine therein shall be binding & 
conclusive to all & every person and persons therein concerned. 

In witness whereof I have hereunto set my hand & seal this eight(sic) day 
of Oct in the year of our Lord Eighteen hundred & sixty five
John McFerren