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Cox Characters
Conclusions to Confusions

Part 3: Chapter 5

 
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Last Will and Testament
of Michael Cox, Jr.


by Kenny Ray Cox

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This will has been copied from a typed copy of someone else's transcription. Punctuation has been added to make reading easier. Certain words are characterized by archaic spelling (i.e. decend/descend, controul/control, nole/knoll, etc.). Certain errors do appear, but whether in the will or transcription, I leave to the reader's judgment.

Note that Michael Junior left ten dollars to his grandchildren by Michael III. That may not sound generous to the reader, until we remember that there were fourteen of them!

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.

Michael Cox

Seal

Signed, sealed, and published by the testator as and for his Last Will and Testament on our presence and we in the presence of the tesator and at his request have signed our names as Witnesses

Alfred L Lauck
Samuel Jones
D McClure

__________________

CODICIL

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 of beginning.

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 1830

Testators Michael Cox

Wm McKinley seal
John Sharp

________________________________

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.

 

 

Bill of Property of Michael Cox, Jr.

March 7th 1832 Michael Cox, dec., page 324

NAME

ARTICLES

 

Abraham Cox

3 split bottom chairs

.31

" "

1 set of windser chairs

3.62

" "

1 table

.63   

" "

1 dining "

1.06

John W Beck

Cupboard & furniture

1.00

E C Jones

1 choping ax

.62

John W Beck

2 " " axes

.50

Samuel Beck

1 mans saddle

3.60

William Hodge

1 shugar cettle

2.00

Zachariah Biggs

1 " " "

1.06

Abraham Cox

1 Bea

5.00

" "

1 rifle gun

12.76

William Cox

2 barrels

.25

Abraham Cox

2 "

.20

Absalom Leffler

2 "

.20

" "

2 "

.20

Allen Biggs

1 bar of soap

2.18

Absalom Biggs

2 " "

4.12

Robert McFarlin

1 " "

2.62

Henry Giles

1 " "

2.00

Allen Biggs

1 " "

   2.50 

45.93

NAME

ARTICLES

 

Abraham Cox

1 pare of bedsteds

0.25

" "

1 chest & pare of Helyards

2.25

Benjamin Westlake

1 handsaw

0.37

William Cox

1 lot of tools

0.31

Wm Stewart

1 horse

31.50

Reason Pumphey

1 "

26.62

Wm Stewart

1 "

10.50

" "

1 colt

25.00

Abraham Cox

1 "

18.25

Benjamin Biggs

1 cow

10.00

Wm Miller

1 "

7.25

Wm Jimison

2 o_______

22.75

George Jones

1 "

5.00

Wm Irvin

4 head of hogs

12.12

James More

4 sm " "

2.90

Isaac Hup

2 calves

8.31

Thomas McBroom

9 sheep

12.56

Abraham Cox

1 wind mill

12.60

Reason Pumphey

to wheat

26.71

Wm Irvin

1 lot of oats

5.80

Absalom Leffler

1 lot of rye

15.37

 

255.4?

NAME

ARTICLES

 

Abraham Cox

3 split bottom chairs

.31

" "

1 set of windser chairs

3.62

" "

1 table

.63   

" "

1 dining "

1.06

John W Beck

Cupboard & furniture

1.00

E C Jones

1 choping ax

.62

John W Beck

2 " " axes

.50

Samuel Beck

1 mans saddle

3.60

William Hodge

1 shugar cettle

2.00

Zachariah Biggs

1 " " "

1.06

Abraham Cox

1 Bea

5.00

" "

1 rifle gun

12.76

William Cox

2 barrels

.25

Abraham Cox

2 "

.20

Absalom Leffler

2 "

.20

" "

2 "

.20

Allen Biggs

1 bar of soap

2.18

Absalom Biggs

2 " "

4.12

Robert McFarlin

1 " "

2.62

Henry Giles

1 " "

2.00

Allen Biggs

1 " "

   2.50 

45.93


NAME

ARTICLES

 

E C Jones

10 bushels of corn 35c

3.50

Absalom Leffler

10 " " 37

3.75

" "

1 plough

1.18

Wm Howard

1 "

.44

Abraham Cox

1 shovel plough

.60

Absalom Leffler

1 harness

3.31

" "

1 pair of harness & braces

.19

Abraham Cox

2 pair of H_____ strap

1.75

" "

H_____ & Gear

2.77

Absalom Leffler

" "

1.4?

Abraham Cox

2 collars

.90

" "

1 Fl____ Brake

.19

Robert McFarlin

1 half bushel

.68

Wm Mathews

1 C___ H____

1.37

Absalom Leffler

1 log chain

1.12

" "

7 head of geese

1.40

Henry Giles

1 milk cow

8.00

Benjamin Biggs

1 lot of potatoes

3.72

E C Jones

1 " "

2.00

John W Beck

1 book

.50

Abraham Cox

3 hogs and s____

4.25

255.44

45.95

343.83


We the subscribed Executors of Michael Cox deceased do hereby certify
that the above is a true list of the sale of property
belonging to the estate of Michael Cox as witnessed in hand.

Ellis C Jones
George Jones

At a court held for Ohio County on the 2nd day of July 1832,
A sale of Bill of the Estate of Michael Cox deceased
is returned and ordered to be recorded & copy [?]

John McCollo?

*****************************

Microfilm Copy of Estate Settlement
of Michael Cox, Jr.

contributed by Mary Ann Bowry

Ohio Co Estate Settlement, Vol. 4, page 322
February 20th 1832
A Bill of Appraisement of Michael Cox dec'd estate
Cash
10.00
The Widows Bed and Bedstead
8.00
Abraham Coxes 3 beds and bedstead and other?
27.00
Pot Metal
21.00
Two horses
60.00
one waggon
55.00
one plough
7.00
two sets of Geers
10.00
20 sheep
40.  
4 cattle
48.  
1 rifle, Gun & shot Pouch & horn
15.  
1 Bureau
6.00
1 set of chairs
3.00
3 split bottom chairs
0.50
1 table
2.50
1 do
0.50
cupboard & furniture
2.50
axes
1.50
1 saddle
4.00
1 lot of tools
0.37
1_____
1.50
10 tubs & barrels
6.75
two pots
1.00
6 Bea Hives
12.00
1 loom & tackles
5.00
1 pair of bedstead
0.25
Potatoes by the bushel
0.25
corn
0.25
wheat
0.50
Rye
0.30
Oats
0.20
1 chest
1.50
1 pair of _____ yards
0.75
1 cupboard furniture
2.00
1 saw _____handsaw
0.50
5 horses
30.00
2 harness
2.50
3 ploughs
5.00
1 brake
0.50
3 pair of geers
3.00
1 pair of singletrees
0.25
1 Windmill
10.00
2 calffs
6.00
1 cow
10.00
2 Heffers
16.00
1 Bull
6.00
too stears
18.00
7 Sheep 13
13.50
8 geese 13
1.00
11 Hogs
13.25
1 Grindstone
0.75
4 books
0.50
Notes
Samuel Browning Aug 20, 1830
93.00
Samuel Cox Apr 20, 1829
150.00
Wm Cox Jan 10, 1829
66.87
John M Beck Nov 22, 1828
302.44
Joseph Cox Jan 13, 1829
DISPUTED
Wm McKinley Aug 15, 1829 Bal
10.50
Benjamin Jeffery May 4, 1816 insolvent
30.00
Benjamin Jeffery Oct 29, 1816 insolvent
77.00
Andrew Howlett Sept 28, 1816
123.00
Benjamin Jeffery Jul 12, 1816 q-----
16.25
Andrew Howlett Oct 30, 1816
6.97
Daniel Morris Book act
July 7, 1825 query
6.00
Samuel Browning  
76.08 lb of wheat
Benjamin Biggs Mar 11, 1831
2.75
 
NO TOTAL
July Term 1832, An inventory and appraisement of estate of Michael Cox Dec'd returned and ordered to be recorded.

John Sharp
Henry Giles
Ezekiel Rogers, x his mark

 

page 390
E C Jones to the Estate of Michael Cox decd.

This information is written in 2 columns.
It is hard to see where or how his number figures correspond.

Ye Cash from S Browning

$250.00

" " from Wm McKinley

17.65

Book of accounts charged to John Hupp

$285.00

" " " David Cox

$145.00

Amount of personal property

343.8

Property devised to Abraham Cox

$291.00

cash per account of Benj Biggs

0.75

cash paid to John Hupp by A Cox

50.80

transfer to next page

$1382.19

Febuary 14th 1834

Interest collected

4.00

1386.19

1175.45

$272.74

 

Apr 28, 1832 John Howletts

rect # 1

7.00
Mar 9, 1832 Wm Pinkerton rect # 2
2.20
Dec 15, 1832 Wm Pinkerton rect # 3
.75
Dec 30, 1833 Wm Pinkerton rect # 4
.75
Mar 1, Henry Giles rect # 5
1.00
Jun 6, David Jones rect # 6
6 .52
Oct 15 Samuel Cox rect # 7
10.00
Apr 1 Wm McKinley rect # 8
1.76
Jun 4, John Hupp rect # 9
300.00
Jan , 1834 David Cox rect # 10
195.00
Jan 30, 1834 John Cox rect # 11
4.50
Jan 30, 1834 John Cox rect # 12
3.50
Jan 30, 1834 John Cox rect # 13
4.50
Mar 1, Wm Bryson rect # 14
2.00
Mar 2, C W Jones rect # 15
4.00
1832 for bill paid and wheeling rect # 16
.70
1834 Abram Cox rect # 17
291.00
To 7 dollars of personal property included in the sale bill to Wm Mathews for $7.00
   
Febuary 14th 1834
amount carried over
$1044.18
  
To ____ & writing paper 0.25
  
To persentage for collecting and selling
69.11
  
$1115.54

In pursance of an order appointing us the undersigned commissioners to settle with Executors of Michael Cox deceased have carefully examined the above account and compare them with voucher provided by E C Jones Executor of the said estate & find them correct as above we are being sworn according to law given under my hand
this 15th day of Febuary 1834
Jno Brady John Howlett


Ellis C Jones surviving Executor of Last Will & Testament

1834

To

Amount due on former settlement

272.74

10 Jany "

 

Cash received from William Cox

66.87

   "

"

Int on Wm Cox note

1.22

   "

"

Cash received from John W Beck

302.44

10 May

"

on settlement with John and Mahala Brown (this amount stands charged against them in the Book of said Testator)

274.50

   

$937.77


1834
N° 1 1st March by cash paid Dr. McKeehan med bill
5.00

1835

" 2

9 Jun

" "

paid Abram Cox of acct of legacy

302.44

" 3

4 May

" "

expenses ___ In prosecuting suit ____Cox

10.00

" 4

4 Oct

" "

" " "

5.00

" 5

2 Nov

" "

costs of said suit to A Ruban ___

37.49

" 6

5 Jan

" "

paid David Cox

20.00

" 7

" "

 

paid Wm Chapline Attorney per

5.00

" 8

" "

 

_____________________

10.00

" 9

15 Feb 1834

 

cash paid Jno Brady & John Howlett Auditors

2.00

"10

20 Feb 1841

 

cash paid " " " "

2.00

"11

10 May 1835

 

Amt settled with John & Mahala Brown
according to the books of said Testor

274.50
     

paid cash above acct at 7 per cent

47.06

 

$720.47

937.77

720.47

207.30

 

[No page number shown]

Ordered that John Howlett and John Brady be appointed Commissioners after taking the required by law to State settle and adjust the Administration Account of George Jones and Ellis C Jones Executors of Michael Cox deceased and make return through the court. H____E____Jon McColloch CC

Ohio County, Va

Personally came before the Suscriber a Justice of the Peace for the County aforsaid John Howlett and made oath that he would to his best of his _____ adjust and settle the adminstration account of Ellis Jones Executor Michael Cox dec' and make and return thereof according to law.
Given under my hand this 17th day of January 1841

Jno Brady

Ohio County to wit:

Personally came before the subscriber a Justice of the Peace for the County aforesaid John Brady and made oath that he would to the best of his ability adjust and settle the administration accounts of George Jones, Ellis C Jones Executors of Michael Cox deceased and make a true return thereof according to law.
Given under my hand this 17 of Jan 1841,
J English

 

 


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