Morgan COunty, West Virginia Last Will and Testament of Matthias SWAIM Sr. ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ******************************************************************** This will transcribed by Charlene Smith from "A Homespun History of Matthias Swaim (1740 - 1825) and Wife, Abigail (Hedges) SWAIM of Frederick County, Virginia and Berkeley County, [West] Virginia and Their Descendants" complied by Joanne Eustice 1994 This Land Grant was transcribed by Charlene Smith <genie@vvm.com>, March 1999 for the USGenWeb Project Copyright 1999 by Charlene Smith Last Will and Testament of Matthias Swaim Sr. In the Name of God Amen, I, Matthias SWAIM, Sr. of the County of Morgan and State of Virginia, being weak in body but of sound mine and memory do make, publish and declare this my last will and testament in manner and form following to wit: 1st -- I give and bequeath unto my wife, Mary, the one third of the farm on which I now live during her natural life, and such of the personal estate that she may think proper to keep at the time of my death, and the residue of my Personal Property whatever it may be, it is my wish may be sold by my Executor and after my debts and funeral expenses are paid to be equally divided between all my children that are now living in the State of Virginia. 2nd -- It is my will and desire that the farm whereon I now live containing about 228 acres, after reserving to my wife the one third before mentioned, be equally divided amount my following children, that Phebe, the wife of Thomas Thompson; Elizabeth, the wife of Henry Spohr, my son John, Mary Chaplin, the wife of George B. Yost, to them, their heirs and assigns forever to be equally divided between them in any manner in which they may agree, and I also give to them the one third of said farm after the death of my wife to be equally divided between them in like manner, but it is to be understood that each of the aforesaid children to whom I have bequeathed the aforesaid land shall have the same upon the condition that they pay each of them the sum of ten dollars to my Executor to be retained and kept by him for the use of Angeline, said to be the daughter of Henry SWAIM, deceased and his wife, Nancy, to be paid to her by my Executor with whatever interest it may draw when she shall arrive at the age of twenty-one years, but should the said Angeline die before shall arrive of the aforesaid age, the aforesaid sun of Ten dollars to be returned by the Executor with what interest it may draw to the parties aforesaid who shall have paid the same, and they are to have the land before mentioned as fully as if the said had been paid to the aforesaid Angeline. And further as it regards me other children, that is Matthias SWAIM, Samuel SWAIM, Solomon Hedges SWAIM, and Ellen, the wife of Joseph CLARK. I have heretofore given them lands that is to be in full of their share of my Estate. And Lastly, I hereby nominate and appoint my son, Matthias SWAIM, my Executor of this my last will and testament. I hereby revoke and annul all former wills heretofore made by me. In Testimony Whereof, I have hereunto set my hand and affixed by seal this 13th day of August 1853. Mathias Swaim (seal) Signed, sealed and acknowledged in presence of each of us and presence of the testator, Jno. O'Ferrall Wm. J. Fleece Morgan County to wit: At a court held for said County on Monday the 27th day of February 1854, the above will of Matthias SWAIM, Sr., deceased was presented to the Court and was proved by the oaths of John O'Ferrall and William J. Fleece, the witnesses thereto and ordered to be recorded. Test Jno. O'Ferrall C.M.C.