Berkeley County Court, Martinsberg, W.Va
Will Book 7, pp 352-355
I Edward Southwood of the County of Berkeley
State of Virgina do make and declare this
my last will and testament as follows. I
give to the Heirs of my
Grand Daughter Ruth Whitenack the daughter of Robert Burns and Rebecca
his wife Heirs namely Sophia Blair, Robert
Coursen, William Coursen, Jemima Coursen,
Eight Hundred Dollars to be paid by my son
Edward Southwood as the boys arrive at age
of twenty one years and the girls at the
age of eighteen years by their appearing
and receiving it personally and in no other
way can they obtain it.
2nd I devise to my daughter Frances Burns and her Heirs forever a certain tract of land lying and being in the County of Berkely and Jefferson adjoining the land of Jno Mark and the heirs of Moses Hunter and bounded as follows- beginning at a post and rail fence N, 4.30 W. 110 poles to two black oaks and five white oak saplings on the south side of a hill in a line of the heirs of Moses Hunter deceased thence with said line N.77 E. 136 poles to stake corner to the s'd mark thence 31 poles to a post and a pile of stones on a knowl and thence N. 80.45 W. 147 poles to the beginning containing one hundred and twenty acres, be the same more or less.
3rd I devise and bequeath unto my daughter Susannah Hite and her husband Sam'l Hite their heirs a negro boy named Paris, Also two hundred dollars to be paid in the year eighteen hundred and thirty three November 1st, by my son Edward Southwood. Also a certain tract of land being part of the land conveyed to me by Samuel Watson and bound as follows, Begininng at two saplings and a white oak sapling in a line of the entire tract thence E 50 35 poles to a white oak near a drain thence S 80 E 298 poles to two black oaks and a Spanish oak thence S 14. 74 poles to the place of three chesnuts on the side of a hill thence S 40 W 108 poles to a pin oak and white oak sapling on the North West side of a steep hill and in a line of the orginal tract thence across the tract N 87 W 79 poles to two small white oaks and a pin oak near the North West point of a hill on the east side of a hollow thence N 16 W 26 poles to a pine sapling on the south side of a hill thence N50 W 206 poles to the beginning, containing two hundred and three acres three rods and twenty poles be the same more or less. But this devise is to be void if the said Susannah and Sam'l Hite or either of them shall rent or sell the s'd tract of land without the consent and approbation in writing previously had of my Executors and should they or one of them thus rentor sell or alter-upon the death of the s'd Susannah and Sam'l I devise and bequeath unto their children born and to be born s'd tract of land and negro and also the two hundred dollars. Should the s'd Susannah and Sam'l die before s'd money becomes due to them and their forever, the share of any child dying in the life time of the s'd Susannah or Sam'l to go to the issue of such child and if there be none then to the surviving of s'd child or children.
4th I give and bequeath unto Rebecca Gaither wife of Jno Gaither the sum of eight hundred dollars which I expect to pay any time either of them should come in but if I should not see them before my decease then my will is that my son Edward shall pay either of them personally applying to him and my will further is that one hundred of their bequest shall be collected from Edward Bell or his Grand Fathers Executors.
5th I bequeath unto Ruth Taylor wife of Jno Taylor the sum of eight hundred dollars this money to be collected from Edward Bell or his Grand Father's Executors.
6th I give and bequeath unto Benjamin Bell when he arrives at the age of twenty one years the sum of eight hundred dollars, now in the hands of Anthony Rosenberger and my will further is that s'd sum of money shall remain in s'd Rosenberger's hands untill s'd Benjamin shall arrive at the age of twenty one--But if s'd Rosenberger's security shall think the money not safe to be left in s'd Rosenbegers hands it must be collected immediately and placed in the hands of my Excutors for the purpose of the above bequest.
7th I devise to my son Edward Southwood a certain tract of land lying and being in the County of Berkeley, being the same tract of land that was conveyed to me by Joshua Hedges by deed bearing date on the -- day of January 1815 now of record in the County Court of Berkeley and now in possession of s'd Hedges, in trust, that the s'd Joshua Hedges shall keep possession of s'd place untill his youngest son Chaplin S. Hedges shall arrive to the age of twenty one years, except it should seem likely that I or my estate shall be obligated to pay the sum of two hundred dollars thereabouts due Shadrick Hedges for which I stand Security for the s'd Joshua Hedges then in that case my will is that s'd place be rented out untill my Estate shall be reimbursed in s'd sum of money with all interests and costs- And so soon as the s'd Chapline Swearingen Hedges shall arrive to the age of twenty one years my will is that the said tract of land shall be equally divided between him and his brother Southwood Carter Hedges to them their heirs forever.
8th I devise to my son Edward Southwood and his heirs and assigns forever the following lands having here to fore conveyed to him one hundred acres of land part thereof, to wit, the tract of land which I lately lived situated on the East side of Opeckon Creek containing by late survey thereof two hundred and sixty acres be the same more or less, also one other tract of land lying and being in the County of Berkeley on the drains of Opeckon containing two hundred acres be the same more or less.
9th As I claim nothing for my land and property but suppose that I will have enough exclusive of it to support myself during my life, But should it so happen that I have not a sufficienty for my maintenance and the expenses of my burial- And should depart this life in debt to any person of a late date I direct my son Edward to pay the expenses above mentioned. But should there come any old claim against my estate more than I am aware of my will is that each of my heirs shall pay in proportion to what he or they may receive of my estate. But provided there shall be any thing remaining of just debts, burial and are all discharged, my will is that whatever money - Bonds or any other property that I shall then dis possessed off shall go to my daughter Frances Burns her heirs forever.
11th I have sometime since Emancipated my slaves Tom and Celia and their ten children. I have also understood that the Deed of their Emancipation has been recorded in Jefferson County Court in the State of Ohio. But in case the above has not been properly attended to my will is that my Executors shall have it done according to law.
12th AND LASTLY I hereby constitute and appoint my son Edward Southwood Excutor or Administrator should he die and my friend Philip C. Pendleton Excutors to this my last will and testament, hereby revoking all other wills by me heretofore made. IN TESTIMONY whereof I have hereunto set my hand and affixed my seal this thirteenth day of Noveember eighteen hundred twenty four.
Edward Southwood
His
X
mark
Notes: