James Claypool, IV

A Patriot of the American Revolution for VIRGINIA. DAR Ancestor # A022883

Hardy County,

State of Virginia

12 July 1807

WILL OF JAMES CLAYPOOLE

Will Book 2, Page 10,

In the name of God Amen I James Claypool of Hardy County and State of Virginia ---------- being in health of body and of perfect mind and memory thanks be given unto God cauling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament that is to say principally and first of all I give and recommend my soul into the hands of Almighty God that gave it and my body I recommend to the earth to be buried in descent Christian burial at the discretion of my Executors nothing doubting but I shall receive the same again at the General resurrection by the power of God and as ----------- such worldly Estate wherewith it has pleased God to bless me in this life I give and devise and dispose of the same in the following manner and form first it is my will and I do hereby order that in the first place that all my just debts and funeral charges be paid and satisfied. Item). I give and bequeath to my beloved wife Margaret Claypool the lower part of the plantation I now live on joining the lines with David Roberts and so up the creek with that part of the New survey that joins the same to a swamp oak clost by the run where we lift our water to be run by a direct line from the West to the East line crossing the New survey the same course of the north or lower line also one half of the uper orchard with the tenements thereon freely to be possest whilst she remains my widow also a bed and furniture and her saddle and one third part of all my moveable Estate and slaves at her disposal to be taken of at the appraisement Item) I give and bequeath to my beloved Daughter Esther Jacobs Eighty dollars Item) I give to the children of my beloved Daughter Ann Wilson deceased Thirty dollars to each of them I give to the children of my beloved daughter Jane Peppers to each of them Thirty dollars (I also give to the children of my beloved daughter Rachel Berry to each of them thirty dollars I also give to the children of my beloved daughter Rhoda Jeffries to each of them thirty dollars The above leg----- named I alow to be paid out of my moveable Estate before division after division I allow to be made taking in the price of my Stoney Lick place which I alow to be sold with the moveables and to be equally divided between my sons & daughters (To wit) Abraham Claypool Isaac Claypool Jacob Claypool Margaret Thomas Hannah Ivins (Evans) Esther Jacobs Ruth Denton Elizabeth Wollard and Tirzah Blizzard. Item) I give and bequeath to my beloved son Jacob Claypool all the land that I have at Hawkins Which I have in partership with himself to him his heirs and assigns forever. Item) after the death of my beloved wife Margaret or second marriage I alow the plantation I live on to be sold and after my death I allow the upper part of said place to be rented out and the income arising from such rent to be joined to the price of the place when sold and an Equal division of the same to be made between my sons and daughters after named (to wit) Abraham Claypool Margaret Thomas, Isaac Claypool Hannah Ivins (Evans) Esther Jacobs Ruth Denton Elizabeth Wollard and Tirzah Blizzard. I alow what I have left to my Daughter Hannah Ivins (Evans) to be paid to her at the discretion of my Executors and what she leases of it to be divided between her children I also alow that if any of my Daughters dies before me their part shall be for their children and that their surviving husband shall have no share of it. I alow my Estate both real and personal to be sold either by publick or privet sale at the discretion of my Executors I allow my clothes to be equally divided between my sons I likewise concetute make and ordain my beloved sons Abraham Claypool and Jacob Claypool of this my last will and Testament and I do hereby utterly disalow revoke and disannul all and every other previous testament wills legesees bequests and Executors by me in any way before ----- med willed and bequested ratifying and confirming this no other to be my last will and Testament in Witness whereof I have hereunto set my hand and seal this twelfth day of July One thousand eight hundred and seven.

James Claypool (seal)

Signed Sealed published pronounced and declared by the said James Claypool as his last will and Testament in presence of us who in his pressentse and the pressence of each other have hereunto subscribed our names

George Harrison John Hanass Mary (X) (her mark) Mary (X) (her mark) Triplett Henry(X)(his mark)Harnass Simeon Pain

Abigail (X) (her mark) Pain

At a Court held for Hardy County the 10th day of September 1811. This last will and Testament of James Claypool decd was produced in Court by Jacob Claypool one of the Executors named therein and proved by the oaths of John Hanass Henry Hanass Simeon Pain three of the Witnesses thereto and ordered to be recorded and on the motion of thesaid Executors Certificate is granted him for obtaining a probat thereof in due form he having taken the oath of an Executor & together with William Cunningham Jun his security entered into and acknowledged a bond in the penalty of Three Thousand dollars conditioned as the Law directs.

Teste Ed Williams Clerk (?)

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