Michael Cox, Junior
Will Book 3, Page 71
Ohio County, (West) Virginia
February Term 1832
. . .
I, Michael Cox, of the County of
Ohio and State of Virginia, Calling to mind the mortality of my
body and being desirous of arranging my temporal affairs, do make
and ordain this my Last Will and Testament as follows to wit:
1. I do give and bequeath to my
son John Cox fifty acres of land, part of the farm on which I now
live, which is particularly laid off and described in a book of
accounts I have opened against my children to have and to hold unto
my said son John Cox his heirs and assigns forever.
2. I do give and bequeath unto my
son George Cox fifty acres of land, part of the farm on which I
now live, which is particularly laid off and described in a book
of accounts I have opened against my children to have and to hold
unto my said son George Cox his heirs and assigns forever.
3. I do give and bequeath unto my
son Abraham Cox all the rest, residue, or balance of the farm on
which I now live, subject and liable in equity to the support and
Maintenance of my wife Jerutha and my son Thomas hereafter to mentioned,
and also subject and liable to the balance of legacies hereafter
directed to be paid to have and hold all the balance of said farm
unto my said son Abraham Cox his heirs and assigns forever subject
to the incumberances aforesaid. I do also give and bequeath unto
my said son Abraham Cox all money I may have on hand at the time
of my death, and all notes or bonds I may then have on others for
the payment of money. I do also give and bequeath unto my son Abraham
Cox two horses, one waggon, one, two pairs of Geers, one plow, four
head of cattle, twenty head of sheep and head of hoggs, a sufficiency
of pot metal, and three beds with their bedding for the use of the
family for sleeping or lodging in.
4. I do give and bequeath unto my
wife Jerutha the room in my dwelling house called hers, and her
bed and bedding during her natural life, and I do further give unto
my said wife Jerutha her boarding, support, and maintenance during
her natural life, which is to be provided and furnished to hereby
my son Abraham, and for which I have made his land liable.
5. I do give and bequeath unto my
son Thomas Cox his boarding, clothing, washing and lodging during
his natural life to be furnished to him by his brother Abraham,
and for which I have made his lands subject and liable.
6. And whereas I have heretofore
given to my children Joseph, Samuel, Isaac, William, and Elizabeth
each five hundred dollars, which in my opinion is their full proportion
of my property, I do hereby direct that they take no part of my
estate whatever, they having already received their dividend and
applied it to their own use.
7. I do give and bequeath unto my
son David Cox three hundred dollars, he accounting with my executors
for what he has already received.
8. I do give and bequeath to each
of the children of my son Michael, ten dollars.
9. I do give and bequeath to my
daughter Jane Cox five hundred dollars.
10. I do give and bequeath to my
daughters Anne Hup and Mahala Brown each five hundred dollars.
11. Whereas I have opened a book
of accounts against my children, my express intention is that the
amount of their respective accounts shall be deducted from their
respective shares as so much thereof paid in advance.
12. I do direct that as soon as
convenient after my death that my executors do expose to sale all
my personal property, except that which is hereby particularly devised,
and out of the product of such sale they do as soon as they as they
may collect the money proceed to pay the legacies before mentioned
in proportion to the amount of the same. And I do further will and
direct that all such parts of the aforesaid legacies which my personal
property may not be sufficient to pay, shall be paid to the said
legatees by my son Abraham Cox within eight years after my death,
and for which I have made the land devised to him subject and liable
in equity. I do hereby nominate, constitute, and appoint Ellis C
Jones and George Jones Executors of this my last will and testament,
and I do hereby revoke and annul all other wills at any time heretofore
made and do declare this my last will and testament.
In witness I have hereunto set my
hand and seal this 9th day of June 1829.
Signed, sealed, and published by
the testator as and for his Last Will and Testament on
and we in the presence of the tesator and at his request
our names as Witnesses
Alfred L Lauck
The fifty acres of land mentioned in the annexed
will to my son John Cox, being part of my home place, is to be bound
as followeth to Wit: Beginning at a thorn in Joseph Coxes line on
a nole on the top of a ridge leading from my house towards Coxes
between the old road and the new one, thence with Joseph Coxes line
until it joins of the heirs of John Beck deceased, thence with said
line until it comes to the corner of the land David McClure sold
to Ellis C Jones, thence to run with said Jones line as far as may
be necessary then by running thence to the big road that leads from
my house to Joseph Coxes, and along that road to the place of beginning,
will include and make up the said fifty acres of land. Said John
Cox is to be care and controul of my son Abraham Cox until he the
said John shall arrive attain the age of twenty one years.
My son Abraham is also to have the management of
the above mentioned fifty acres of land until my said son John Cox
becomes of age, and when he comes of age, my son Abraham shall give
him a Horse, Bridle and saddle, and suit of Domestic Clothing. If
my son John should die with children to whom the said land would
by law decend, in that case I do direct and order that from and
after the death of said John, the said property, fifty acres, shall
go to and be the absolute property of my son Abraham Cox.
The land mentioned in my will and given to my son
George Cox being part of my home place to be bounded as followeth
to wit, Beginning at a fence between by big field and the bottom
field thence on the partition fence until it joins the heirs of
Henry Foley decd, thence with said Foley line until it joins the
lands of Joseph Vanmeters heirs, thence with Vanmeters lines until
it comes to the big road leading from my house to Joseph Coxes,
thence with said road according to its several meanders to the place
So as to contain fifty acres of land and no more,
The said George Cox is to be subject to the controul of Abraham
Cox until he is twenty one years of age, and the said land here
described to be under the controul of Abraham Cox until said George
is of age, and said Abraham is to give said George a Horse, Saddle
and Bridle and a Suit of Domestic Clothing the same as John, and
if it should happen that my said son George should die without children
to whom by law the said land would decend, in that case from and
after the death of my son George the said fifty acres of land shall
go to and be the absolute property of my son Abraham.
Witness my hand and Seal this 14th day of September
Testators Michael Cox
Wm McKinley seal
FEBRUARY TERM 1832
The Last Will and Testament of Michael Cox deceased
is presented in Court and proved in part by the oath of David McClure
and thereupon a Codicil annexed to the said Last Will and Testament
was produced in Court and proved in part by the oath of John Sharp
and on the same day the Last Will and Testament of Michael Cox deceased
is further proved by the oath of Samuel Jones a witness thereto
and ordered to be recorded and at the following April Term the Codicil
to the Last Will and Testament of Michael Cox.