Wills

Pendleton County, Virginia Will Book 3, page 186-188
In the Name of God Amen. I Thomas Devricks of the County of Pendletown & State of Virginia Being Sick of body but of sound memory, but calling to mind the mortality of all flesh and that it is appointed unto all men once to die, do publish this my last will and testament in the manner following to wit.

First and principally I recommend my soul to God that give it, and my body to the dust to be buried in a Christian manner at the discretion of my Executors, hereafter to be mentioned, nothing doubting but I shall receive them again at the general resurrection and Day of Judgement.  My worldly estate which it hath pleased God to bless me with, I will it to be disposed of in the following manner after my funeral expense is paid.

First, I bequeath all my just debts to be paid.

Secondly, I bequeath unto my beloved son, Thomas, all the lands I now possess except one hundred acres of land off the upper end of my land with the sulphur springs which I bequeath unto my son John Devericks' eldest son, Thomas Devericks, to him & their heirs forever.

Secondly, I bequeath unto my son, Thomas, all my farming essentials, and tools.  Also, four milch cows, three calves, three steers, a bull, one yearling, six head of horses, and one sugar cattle.

Thirdly, I bequeath unto my daughter, Sarah, three cows, three calves, one yearling hefer, one two-year-old hefer, one mare named Nancy and her colt, one young horse of said mare aged four years, two bedsteads & beds, clothing, and the shelf furniture.  The tables and chairs to be divided between Thomas and Sarah. Also, one chest to my daughter, Sarah.  Also, a negro boy, wench and children unto my daughter, Sarah, during her life and to be under the direction of my son, Thomas, while that she lives, and when that she dies they are to be the property of my son, Thomas, and his heirs forever. Also, I give unto my daughter, Sarah, a bond on James Botkins and one on John Botkins.  Also, the pots.

Fourthly, I bequeath unto Margaret Botkin, my daughter, the sum of ten dollars to be paid in property.

Fifthly, I bequeath unto my daughter, Mary Hodge, a loom and tacklings.  Also, ten dollars in property.  And further the house that I now live in shall be my daughters, Sarah, while that she doth live, and further the plantation that I now live on shall not be sold during the life of my daughter, Sarah. 

Fifthly, I bequeath unto my son, John Devricks, one horse named Buck, aged six years old.

And further, I appoint John and Thomas Devricks executors to this my last will and testament, hereby revoking, annulling, and declaiming all other former wills and testaments made by me null and void, and I do hereby ratify and confirm this only to be my last will and testament.  In witness whereof I have set to my hand and seal this first day of January, in the year of Our Lord, one thousand eight hundred and seven.
In the presence of us the subscribing witnesses, present my hand and seal.
Signed Thomas Devericks

Witnessed by
Natn. Campbell
John and Thomas (his mark) Devricks
James and Jeremiah (his mark) Johns

Probate of Will of Thomas Devericks, 1812
Court proved by James and Jeremiah Johns and recorded in Book No 3, page 186.

At a Court held for Pendleton County, the 7th day of April, 1812 this last will and testament of Thomas Devricks, deceased was proved by the oaths of James and Jeremiah Johns, two of the witnesses thereto, and is ordered to be recorded. And on the word of the executors therein named who made oath thereto, and together with security ordered into and acknowledged, a bond conditioned as the Law directs, Certificate is granted them for obtaining a probate of said Will in due form.

Teste L Dyer C.P.C.

Thomas Devericks Will, 1825

Pendleton Co. Virginia Will Book 4, page 96-98
In the name of God Amen, I Thomas Devericks of the County of Pendleton and State of Virginia, being weak in body but of sound mind, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my worldly affairs and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this, my last will an testament, in manner and form following. 

That is to say first and principally, I commit my soul into the hands of Almighty God, my body to the earth to be decently buried by and at the discretion of my Executor herein after named, and my debts and funeral expenses paid.

I desire and bequeath secondly that the upper part of my lands as low down as Pretty's Run be rented to the highest bidder until my son, John Devericks, shall arrive to the age of twenty-one years, and the amount of said rent be applied to the support and education of him, the said John Devericks, while he is yet an infant.  And when he shall arrive to the age of twenty-one years, I give and bequeath to him said parcel of land to be his and his heirs forever.

Thirdly, I give and bequeath the remainder of my land (which includes my present dwelling) to my wife until my two children doth become twenty-one years of age, for her support and for the support of my two children also. And when my son, Thomas Devericks doth arrive to the age of twenty-one years, then I give and bequeath unto him the two-third parts of the said land to be his and his heirs or assigns forever; and the other third part of said land I give and bequeath unto my wife, Jane Devericks, to be hers in her lifetime or during her widowhood, and at the decease of my wife I give and bequeath the other third part unto my son, Thomas Devericks, to be his as above.

Fourthly, I give and bequeath all my slaves (five in number) unto my wife, Jane Devericks, to be hers until my sons both become twenty-one years of age.  At which time I desire they shall be disposed as follows: namely, Stephen, Amy and Susan I give and bequeath unto my wife during her lifetime (or during her widowhood) only, and my slave Anthony I give and bequeath unto son John Devericks and my slave Crawford I give and bequeath unto my son Thomas Devericks to be theirs forever.  I desire moreover that any increase of slaves that may be between my decease and the decease of my wife shall be equally divided between my two sons, John and Thomas Devericks.

Fifthly, I give and bequeath all my money, bonds, and all property that I may possess at my decease unto my wife, Jane Devericks, to dispose of as she shall see fit for the support of herself and her family.

Sixthly, and lastly I constitute and appoint my wife Jane Devericks as executrise, and Thomas Jones and Harmon Hiner as executors to execute this my last will and testament. In testimony whereof I have hereunto set my hand and affixed my seal this seventeenth day of October, in the year of our Lord, one thousand eight hundred and twenty-five. Thomas (his mark) Devericks (seal)

Signed, sealed, published and declared by Thomas Devericks, the above named testator, as and for his last will & testament in the presence us, who at his requests in his presence & in the presence of each other have subscribed our names as witnesses hereto
Amos Tharp
Jeremiah (his mark (H)) Johns, Sr.

Probate of Will of Thomas Devericks 1826

At a Court held for Pendleton County the 4th day of January, 1826.
This last will and testament of Thomas Devericks,deceased was presented in Court and proved by the oaths of Amos Tharp & Jeremiah Johns, Jr. the subscribing witnesses. Thereto and ordered to be Recorded.

Teste L Dyer C. P. C.

John Devericks Will, 1840

Pendleton County, Virginia Will Book 4, page 228-230
In the name of God Amen: I John Devericks of Pendleton County, Virginia. Being old, and infirm in health; but of sound mind and disposing memory; calling to mind the uncertainty of human life, and the certainty of death; do hereby make my last will and testament; in manner and form following.  That is to say.

First, give and bequeath to my beloved wife, Mary, all my household and kitchen furniture of every description and also all other property of a perishable kind in my possession at the time of my death to her and her heirs forever, and my negro woman, Detts, during her natural life.

Second, I direct that out of debts which may be due or owing to me at my death all my just debts be paid.

Third, I give and bequeath to my son, John, all the land for which he now holds my title bond, and also such part of my said land as will be included in the following lines. Beginning at a large chestnut oak on the top of a ridge at the corner of his plot, and running thence a straight line crossing the creek to a sugar tree, thence a straight line through the field and meadows to a black oak and chestnut oak near the old road, thence straight up the hill to the new road and with the said road to a line in his plot to him and his heirs forever.  Subject, however to the following conditions, that is to say that he pay to my daughter, Mary B. H. Johns, the sum of fifty dollars, and to the children of Nancy Campbell (deceased), except her daughter Sarah, the sum of five dollars each.

Fourth, I give and bequeath to son, William, all the land for which he now holds my title bond, and also that part of my said land included in the following boundary.  Beginning at a large chestnut oak on the top of a ridge and running thereto the corner of a fence at the foot of a hill, and with said fence to point of the bank, and thence crossing the road and with the fence as it now stands to a sugar tree near the old house, thence a straight line crossing the fields, to two pines on a barren hill side.  A corner of the original survey including all my lands lying east of the above line, except twenty acres (part of the original survey) and a separate survey of twenty-three acres nearest the mountain, to him and his heirs forever.

Fifth, I give and bequeath to my son-in-law, Andrew Gwin, and his wife, Julia, all the residue of my land, except the forty-three acres before mentioned near the mountain, to him and his heirs forever.  Subject however to the following conditions: that is after my death to furnish my wife Mary (should she survive me) a comfortable and decent support during her natural life, pay to my daughter Sarah Morton one hundred dollars, and my granddaughter Sarah Campbell fifty dollars if she continues to live with me or my wife during our lives (or until she attains the age of eighteen years).  To my granddaughter Sarah Grayham, five dollars; and James Deverick, son of Thomas Devericks (deceased), five dollars to be paid to the said James when called for.

Sixth, whereas my father, Thomas Devericks, by his last will and testament did give and bequeath to my son, Thomas (now deceased), a certain tract of land containing one hundred acres, known as the sulphur spring tract.  Which land I afterwards purchased from my said son, Thomas, and paid him for it, but did not obtain from him a title for the same.  Of a right therefore the said land now belongs to me, and I do now give and bequeath to my grand-daughters (daughters of my son Thomas deceased) Mary A. Morton and Frances J. Dodds, the before mentioned tract of land to them and their heirs forever.

Seventh, I bequeath to my grandson, Allen J. Devericks, a tract of land on the Shenandoah Mountain in Augusta County containing ninety five acres to him and his heirs forever.

Eightly, at the time of death all debts which may be due to me or any property that I may then have either real or personal (not herein before otherwise disposed of), I direct that the debts be collected and property sold by my executor and divided among my wife and children who may be living at the time.

Ninthly, my negro woman, Detts, after the death of my wife I desire that she live with my daughter, Julia Given, but not to be sold or otherwise disposed of as a slave.

Tenthly, I do hereby constitute and appoint my son, John Devericks, executor of this my last will and testament, hereby giving him full power to make any conveyances which may be necessary to carry into effect all the provisions of this my last will and testament, or any contracts I may have made in my life time; hereby revoking all former wills or testaments by me heretofore made.

John Devericks (seal)

In witness whereof I have hereunto set my hand and affixed my seal this 30th day July, 1840.  Signed, sealed, published and declared by John Devericks, as and for his last will and testament, in the presence and hearing of us who at his request and in his presence have subscribed our names as witnesses.
Th Jones and A. J. Jones

Probate of Will of John Devericks, 1843

At a Court for Pendleton County the 6 day of July, 1843.
This last will and testament of John Devericks, deceased, was presented in Court, and proved by the Oaths of Th. Jones and A.J. Jones, the subscribing witnesses.

Thereto and ordered to be recorded.

Whereupon John Devericks, the executor named in the said will, who made oath thereto together with Thomas Jones and Andrew J. Jones, his bond penalty of seven hundred dollars as the Law is, granted him for obtaining probate thereof in due form.
A. C Teste L. Dyer C. C..

John Devericks Will proved and admitted to record, July Record Book (6^th), 1843, No. 4 Page 22B

Devisers:

     Wife:  Mary

      Sons:  John and William

      Daughters:  Mary, Nancy (children), Mrs. Gwin and husband Andrew Gwin, Julia

      Son of Thomas:  James

      Grandson:  Allen

      Grand-daughters:  Sarah Campbell, Sarah Graham, Mary Morton, Francis Dodds

Witnesses:  Thomas Jones, A.J. Jones

Palmyra, Marion County, Missouri

I, Samuel Morton, of Marion County, State of Missouri, do make this my last Will and Testament, hereby revoking all others made by me.  1^st.  My wife, Susan Morton, is to have out of my estate a reasonable support to live on by selling some of my estate or keeping of such personal property, as she may actually need in her lifetime.

2^nd.  I will and devise to my four grandchildren, Susan F. Perryn, Achilles Perryn, Morton Perryn, and Julia Jane Perryn, one mulatto woman named Mary and her five children now in my possession, with their increase hereafter to them and their heirs forever.  And further devise and will to said Perryn’s, one lot of ground lying in the City of Owensboro, Daviess County, State of Kentucky, assignated on the plot of said City as Lot numbered four (4), bounded on the North by River Street one hundred and thirty two feet (132), on the East by Fredrico Street about one hundred and five feet (105), and further all the land that I now own in Marion County, in the State of Missouri, in Section Number thirty four (34), Township fifty eight (58), Range Number seven (7) West, containing about 320 or 30 acres.  Also Lot Number two (2), Block Number forty three (43) in the city of Palmyra.  To have and to hold, to them and their heirs forever.

I further will to Afulvia Ross three notes I now hold on her husband Thomas P. Ross amounting in all principal and interest to about four thousand dollars.  To Afulvia Ross and her children.  And further will and bequeth to said Afulvia Ross and to her children all of Block sixty three in Dickerson’s addition to the City of Palmyra, and one lot of ground in Block sixty seven in said City of Palmyra bounded forty four feet front on the east side of Main Street running back that with east one hundred and twenty seven feet.  I further will to said Afulvia Ross, and her children, four notes I now hold on Morris Gibbons amounting in all principal and interest to over ten thousand dollars.  Now, to secure this debt, it maybe necessary to sell the land for which these four notes were given, viz: SE up Sect. 27, Township 58, Range 7 West, Marion County- and if the land is bought to secure the said debt, the land is to go to her and her children.  I also will to said Afulvia Ross one mulatto woman named Mary Ann and her two children, Martha and Eugen, and their increase now in the hands of my sister, Mary Calhoun, McLaine County, Kentucky, who has said negroes her lifetime only.  Not wishing to remove the said Negroes contrary to their wish from Kentucky, they can be sold, their money loaned at interest for Afulvia Ross and her children.  The land in Marion County if got possession of, and her and her children do not choose to live on it, is to be sold at the most favorable time and the lots aforesaid and the money loaned in good hands secured for benefit of said Afulvia Ross and her children.  I also bequeath to said Afulvia Ross and her children two Negro girls, Eliza and Julia, at the death of my wife, Susan, or sooner if she (Susan) is willing to do so; also one piano and stool.

I further will and bequeath to Agatha Devoricks one lot of ground in the City of Palmyra, 66 feet front on Main Street, at the Northwest corner of Block sixty seven, running back east same width, one hundred and twenty seven feet on Church Street.  I further will that if after the support of my wife, Susan Morton her lifetime, there should be anything left of my estate, to be divided between the four children of Perryn before mentioned, Agatha Devoricks, and Afulvia Ross and her children.

            My debts (if any) I want paid off as quick as possible, not waiting for course of law.  I nominate and appoint John A. Devoricks my Executor and Administrator to carry out in full this, my last will, and I request the Court before whom this, my will, may be presented for probate to assume of him no security as executor.

            In testimony whereof I have hereunto set my hand and seal this 2^nd day of June in the year of our Lord eighteen hundred and sixty three.

Witnesses                                                                     Samuel morton

John C. Walker

S. Shephard

H.E. Smith

W.H. Walker

Thomas V. Winfree

            I, Samuel Morton, do further add to my will dated 2^nd day of June last, the following- I do further will and bequeath to Agatha Devoricks one lot of ground lying in the City of Palmyra in Block sixty seven (67), sixty nine (69) feet fronting Church Street extending that width one hundred and thirty two (132) feet south up to the property of John A. Devoricks.  Also, I will to her one three year old past roan mare to have and to hold to her and her heirs forever.

I now nominate John A. Devoricks special trustee to carry out in full the spirit of this, my will, relating to Afulvia Ross and her children.  And I request the County Court that if John A. Devoricks fails in any way to act as trustee for the same, to appoint Alexander Rush in his stead, if he will be so disposed to act.  And I further protest against Thomas P. Ross of any of his relations being made trustee for his wife, Afulvia Ross, and her children.

Witness                                                                        Samuel Morton

John C.
Walker

John A. Devricks

State of Missouri, County of Marion.  Be it remembered that on this 11^th day of January, 1864, before me, Thomas E. Hatcher, Clerk of the County Court within and for said County, personally came John C. Walker and William H. Walker, subscribing witnesses to the within and foregoing instrument of writing purporting to be the last will and testament of Samuel Morton, deceased, who being by me duly sworn, depose and say that they heard the deceased acknowledge the said instrument of writing as and for his last will and testament that at the time of so doing he was of sound and disposing mind, and memory, and fully capable of making a will as they believe; that they signed their names as witnesses thereto in his presence and at his request.

Subscribed and sworn to before me

                                                                                    W. H. Walker

                                                                                    John C. Walker

The day and year aforesaid

Thomas E. Hatcher, Clerk

By Thomas V. Winfree

State of Missouri, County of Marion.  Be it remembered that on this 11^th day of January, AD 1864, before me, Thomas E. Hatcher Clerk of the County Court within and for said County, personally came John C. Walker and John A. Devericks, subscribing witnesses to the foregoing instrument of writing purporting to be a codicil to the last will and testament of Samuel Morton, deceased, who being by me duly sworn, depose and say that they heard the deceased acknowledge the said instrument of writing as and for a codicil to his last will and testament, that at the time of so doing he was of sound and disposing mind and memory, and fully capable of making a will as they believe, that they signed their names as witnesses thereto in his presence and at his request.

Subscribed and sworn to before me

The day and year aforesaid                                       John C. Walker

Thomas E. Hatcher, Clerk                                      John A. Devericks

By Thomas V. Winfree

State of Missouri, County of Marion.  In County Court Clerk’s Office, January 11^th, Ad 1864.  I, Thomas E. Hatcher, Clerk of the County court within and for said County, do hereby certify that upon the above and foregoing certificates of proof, I accept the above and foregoing instrument of writing as and for the last will and testament of Samuel Morton, deceased, and admitted the same to probate as such.

In testimony whereof, I hereunto set my hand, and affix the seal of said Court, at office in Palmyra, the day and year aforesaid.

                                                                                    Thomas E. Hatcher, Clerk

                                                                                    By Thomas V. Winfree

Palmyra, Marion County, Missouri

            I, Susan Morton, of the County of Marion in the State of Missouri, in the view of the uncertainty of life do now make and publish this as my last will and testament.  Item 1.  After payment of my just debts and funeral expenses, I do give and bequeath to my beloved children Alzada Briscoe, wife of Merrit C. Briscoe, Agatha Devericks, wife of John A. Devericks, Affulvia Ross, wife of Thomas P. Ross, and to the surviving children of my deceased daughter Julia Ann Perrin, late the wife of Aychman L. Perrin, all the remainder of my goods, monies, notes and effects of every kind and description to be divided between my said children and heirs as follows:  one fourth part to said Alzada, one fourth part to said Agatha, one fourth part to said Affulvia, and one fourth part to be equally divided among the children of said Julia Ann.  And I direct that said property be held for the sole and separate use of my said children and the children of said Julia Ann free from the control, interference, or liabilities of their husbands.  Item 2.  I direct that my Executor or Administrator, after the equal division of such personal effects as I may have among my children aforesaid, loan out the money I may leave for the use and benefit of my said children, giving to them the annual interest of their respective shares unless he shall deem it best with the advice and consent of said children to invest the same in real estate in the name of said child for their sole and separate use.  Item 3.  I hereby appoint my son-in-law, John A. Deverick to be the executor of this, my last will and testament, hereby revoking all other wills by me made.

            In witness whereof I have hereto set my hand this the 29^th day of November, AD 1865.

                                                                                                Susan Morton

Signed and declared by the above named Susan Morton to be her last will and testament in the presence of us, who at her request and in her presence have subscribed our names as witnesses thereto the day and year above written.

                                                                                                J.W. Pryor

                                                                                                E.J. Thompson

                                                                                                Thomas E. Thompson

State of Missouri, County of Marion.

Before me, Heirem W. Moore, Clerk of the County Court in and for said County, personally came J.W. Pryor, E.J. Thompson, and Thomas E. Thompson whose signatures appear to the above and foregoing instrument of writing purporting to be the last will and testament of Susan Morton, deceased, as witnesses thereto and being by me duly sworn, depose and say that they saw the deceased sign and heard her acknowledge the said instrument of writing as and for her last will and testament, that at the time of doing the same she was of sound and disposing mind and memory, and capable of making a will as they believe, and that they signed their names as witnesses thereto in her presence and at her request and in the presence of each other.

Subscribed and sworn before me this

11^th day of August, AD 1868                                                    J.W. Pryor

            Heirem W. Moore, Clerk                                        E.J. Thompson

            By W. F. Austin, Deputy                                     Thomas E. Thompson

State of Missouri, County of Marion.  County Court Clerk’s Office, August 11^th, 1868.

I certify that upon the foregoing certificate of proof, accepted the within and foregoing instrument of writing as and for the last will and testament of Susan Morton, deceased, and admitted the same to probate as such.

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Palmyra this the 11^th day of August 1868.

                                                                                                Heirem W. Moore, Clerk

State of Missouri, County of Marion.  In County Court September 11^th, 1868.

This day the proceedings of the Clerk of this Court on vacation in taking proof of and admitting to probate the last will and testament of Susan Morton, deceased, and in the granting letter testamenting upon said last will and testament to John A. Devericks were seen and approved by the Court.            A. Cofy

1868 September 11^th fee for record               H. W. Moore, Clerk

State of Missouri, County of Marion.  To all persons to whom these present shall come, Greeting.  Know ye that the last will of Susan Morton, deceased, hath in due form of law been exhibited, proved, and recorded in the office of the Clerk of the County Court for Marion County, a copy of which is hereto annexed.  And inasmuch as it appears that John A. Devericks has been appointed Executor on and by the said last will to execute the same and to the end that the property of the testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said last will may be executed to the request of the testator, we do hereby authorize him, the said John A. Devericks, as such executor to collect and secure all and ? , the goods and chattels, rights and credits which were of the said Susan Morton, at the time of her death, in whosesoever possession the same may be found and to perform and fulfill all such duties as may be enjoined upon him by said will so far as these shall be property, and the law charge him and in general to do and perform all other things which now are of hereafter may be required of him by law.  In testimony whereof, I, Heirem W. Moore, Clerk of the County Court in and for said County of Marion, hereunto sign my name and affix the seal of said Court at my office in Palmyra this 11^th day of August, AD 1868.

                                                                        Heirem W. Moore, Clerk

1868 August 11^th filed for record H.W. Moore, Clerk