WILL OF WILLIAM WILSON, Ohio County, (W)VA

Submitted by Ron Darrah.


Testator:   Wm Wilson
Place:      Ohio County
Date:       April 13, 1829
Executors:  Step son-in-law Benjamin MaCall and son Michael Asbury Wilson

     There is an article of agreement between my father-in-law Robert 
Hardcastle and myself by which my personal estate is directed to be divided in 
two equal shares, one of those shares to be at the entire disposal of my beloved 
wife Sarah Wilson, and the other at the disposal of myself.
But in as much as the said article of agreement does not point out the manner of 
dividing my said personal estate, my will is that my executors herein after to 
be named each one choose a man of experience and good judgment and those two to 
choose a third.
     These three to divide my said personal estate into two equal shares (except 
what is hereinafter excepted) taking into the amount of my said personal estate 
all amounts against my children and step-children since the eleventh day of 
April eighteen hundred and sixteen, and whereas my son Robert H. Wilson is an 
equal heir at law to his portion of his mothers half, as also of mine, my will 
is that his horse Barney, saddle, and bridle and also my surveying apparatus be 
given to him at a fair price to be valued by the appraisers chosen as aforesaid 
and one half the value to be charged to him by my executors as one of my heirs 
and the other half as one of the heirs of his mothers.
I will also that my said beloved wife have my clock at a fair price to be 
ascertained as pointed out for my son Robert, and one half the value thereof to 
be ascertained for with my heirs and when my said personal estate (except the 
items to my son Robert H. Wilson and to my beloved wife) shall have been thus 
divided, my will is that my executors cast lots for choice and as they choose, 
so let it be...
     I do hereby nominate and appoint my stepson in law Benjamin MaCall (sic)
and my son Michael Asbury Wilson to be sole executors of the above part of my
said last will and testament. And Michael Asbury Wilson aforesaid to be sole
executor of the following part-to wit: My farm in the neighborhood of West
Liberty I will to be sold, but before the sale thereof my will is that my executor
for this part choose two land holders in that neighborhood known as good judges
for renting land and let them go on the farm and over the same and let them divide
what the yearly and every years rent shall be allowing for keeping the same in
repair and one third of said valuation to be paid to my beloved wife Sarah Wilson
yearly and every year during her natural life and my will farther is that my heirs
each for himself or themselves give their obligations with the security if required 
for the yearly payment of the one third as aforesaid the one half the valuation 
of the clock aforesaid to be considered as so much in hand paid by my heirs. 
After these arrangements I will that the said farm be sold to the best advantage 
reserving a square of thirty feet each side to include the graveyard and the 
proceeds of the same together with the rest or personal estate not otherwise 
disposed of (which I will to be sold at public venue) be divided into seven 
equal parts and each of my children except my son Thomas F. Wilson and my son 
Robert H. Wilson to receive one seventh part of the same and one seventh part I 
give to my executor Michael A. Wilson in trust for the use of the family of my 
said son Thomas F. Wilson to be given to the said family at such time and in 
such quantity as my said executor shall judge suitable for the support of said 
family.
     The remaining one seventh I give to my executor Benjamin Mac Kall (sic) in
trust for my son Robert H. Wilson, It is particularly to be understood that the 
several amounts as they stand charged against any of my children or their 
husbands be so arranged that and equal distribution of my estate be made 
according to the true intent and meaning of this my last will and testament.
 
Witnesses:	Samuel Spriggs and Humphrey Boone

Will Book 3, pp. 157-159   

(Codicil to the Will of William Wilson)
	I give to my son Robert H. Wilson my new silver watch. And whereas by 
referring to the article of agreement between my father-in-law Robert Hardcastle 
and my self the same of which mention is made in my last will and testament it 
will be seen and easily understood that the personal estate therein mentioned 
simply means that the moveable property together with the proceeds of the farms, 
the stock, and whatever increase might arise under my management on those farms 
during the joint lives of my wife Sarah and myself.
	Hence it is evident that my surveying fees, my marriage fees, and last 
tho(sic) not least my pension since the year eighteen hundred and twenty six and 
all and every part thereof at my disposal and in no wise included in the 
aforesaid article of agreement, And whereas Samuel Fleming who intermarried with 
my stepdaughter Serena Pearce has repeatedly and from time to time abused my 
wife and myself by written requests has desired no longer to be considered as a 
branch of our family directing that himself and family be considered and treated 
by my wife and myself as strangers boasting that he was able to maintain himself 
and family independent of us and wanted nothing we had so that by threats of 
personal injury and slanderous expressions his wife also joining in the above 
abuse has rendered himself exceeding vile. Now then as it is but reasonable that 
" they who honor me I will honor and they who despise me shall be lightly 
esteemed."
	I have determined that the said Samuel Fleming his wife and children or 
either or any of them shall not inherit any part or parcel of my estate, which I 
can prevent. It is therefore my will that my surveying fees, an amount of which 
as far as attainable will be left, and also my marriage fees (which may be 
pretty correctly ascertained by application to the Clerks Office allowing at 
least two dollars for each marriage) since the eleventh day of April eighteen 
hundred and sixteen and whatever may be the amount of my pension aforesaid at my 
decease, my will is that the said fees, pension, etc., be equally divided and 
given share and share alike to each of my children and my stepchildren James J. 
Pearce, Mary Mackall and Rebecca Wilson, or in other words that my three step 
children aforesaid shall each be entitled to an receive an equal share of the 
aforesaid fees, pension, etc., with my own children, with this reservation, that 
the share allotted to my son Thomas F. Wilson be given in trust to my son 
Michael A. Wilson to be by him applied to the use of the said Thomas and his 
family as described in my last will and testament. The three items that is my 
surveying fees and marriage fees and pension I consider must be deducted from 
the gross amount in order to ascertain the true amount of what is called 
personal estate in the article of agreement before alluded to.
	And lastly it is my desire that this, my codicil, be annexed to and made a 
part of my last will and testament to all intents and purposes and that my two 
executors who are appointed and specially requested to execute this my codicil.

Date of Codicil: January 4, 1832
Date of Probate of the Will and Codicil: August 9, 1837

Will Book 3, Codicil pp. 159-161