Saturday, June 20, 2015

In the name of God Amen

from the aunt minerva collection. I'm taking this to be James Maxwell's Will. This is a copy of a handwritten document, will do my best to transcribe. glasses and magnifying glass powers unite! any mistakes are my own.
I James Maxwell of Tazwell County being weak in Body but of sound mind and memory calling unto mind the mortality of the Body and Knowing that is is
(guessing this word is appointed) for all men onto to die Therefore do make and ordain this my Last Will and Testament as followeth (to wit)
First I appoint my two sons William and Robert to be My Exectors to settle all my affairs and after paying all my Debts to make the following Distrubutions
(this appears before five sections.) first I will and Bequeath unto Jane my well beloved wife all my personal Estate to her use while she lives and at her Decease it all that Remains to my Daughter Mary as to her use as long as she lives and at her decease it and all that Remains to her son Maxwell Comnaill
. Likewise unto my Daughter Mary I will and Bequest 150 acres of land in the Back Valey being part of a survey of 665 acres at the upper End Joining lines with James Harrison and at her Decease to fall to her son Maxwell Campell.
unto my four daughters Elizabeth Margret Jane and Nancy I bequest an Equal share of of one tract of land in the Rich Mountain containing 250 acres and likewise an Equal share of 515 acres of land in the Back Valley Be the Residence of a tract of 665 acres in which Mary has her share.
unto my two sons John and William I Bequest one Dollar Cash they having Received their share before. unto my son Robert I will and Bequest the Land I know live on and a small tract lying Between the track I live on and James Perrys with all it's oppurtunies my negro man Dan I will to my wife During her life and at her Death I will him to my son Robert.
I now make the above my last will and Testaments and Renounce and do away all other and make ordain and Establish this my last will and testament. Signed Sealed acknowledged in the presents of uf this 28th day of August 1820
John Laird
Thomas Witten
James S. Witten
James Maxwell SEAL
James Maxwell Will 39.18/21 March O.B. Recorded Will Book No. 1 page 137-8 D. Ex
In Tazewell County Court 27th March 1821 (running off edge of paper) This the last will and Testament of James Maxwell and was exhibited in Court and duly proved by the oath of John Lairs, Thomas Witten, and James S. Witten, the subcribing witnesses Deeds and Orders to be recorded. On the motion of William & Robert Maxwell, the Executors named in the within Will who entered into Bond with Thomas Witten & James Peery their securities in the penalty of $500 conditioned as the Law directs. Probate of the said will is granted when in deed form.
( ?) Jacob T. Fishbaugh(?) DC

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