Saturday, August 10, 2013

James Jarrett Will

Here is a transcription of James Jarrett's will. There are a few places where it was very difficult to read but I did my best! I put links to images of the original will and the property appraisal at the end of this post.




In the name of God Amen,
I JAMES JARRETT of the count of Greenbrier and commonwealth of Virginia being weak in body but of sound and perfect mind and memory and considering the uncertainty of this mortal life and being of sound mind and memory blessed be to mighty God for the same I make and publish this my last will and testament in manner and form following that is to say first I give and bequeath unto beloved wife ROSANNA JARRETT this my house together with all my plantation and land on this side of Muddy Creek to have hold use occupy possess and enjoy all and singular the profits and advantages during her natural life also all the cleared land on the other side of said creek as far as the top of the ??? land ridge during her widowhood so as not to interfere with the land of JACOB JARRETT and MORRIS, I also give and bequeath to my beloved wife on third of all my house hold and kitchen furniture during her natural life also one negro woman named RACHEL on wagon and five horses six milk cows ten sheep twenty hogs her choice during her natural life also one negro man named GABRIEL and one negro man named SAM which she is to hold during her widowhood ? as the above is released from her my marriage or by the expiration of her natural life it returns to my heirs has herafter provided…….
Then I give and bequeath to my beloved daughter DELILAH JARRETT one negro girl named VINA, and one negro boy named CAPERTON one ? mare and one third of all of my household and kitchen furniture all of which to remain with her mother until she shall arrive at full age or marry then I give and bequeath also one carriage and harness. Then I give and bequeath to my beloved daughter AVELINA JARRETT one negro girl named MARY and one negro boy named MISCORY one mare her choice also one third part of all my household and kitchen furniture which is to remain with her mother until she shall arrive at age or marries….
Then I give and bequeath to my two sons JACOB JARRETT and MORRIS JARRETT jointly one hundred acres of land lying attached to the house built by Burtin also one hundred acres on the opposite side of Muddy Creek beginning on a corner white oak on the bank of the of the creek with HENRY METZKERS line and running up the ridge for quantity also one negro boy called JONATHAN to be evenly between them and the land to be divided agreeably to quality and quantity provided never the less that if either of them should die without ?? I give then the surviving one to possess the whole. Then I give and bequeath to my two sons GEORGE WASHINGTON JARRETT and JAMES MADISON JARRETT the residue of Mathis Braet including that part left as to my wife during her widowhood to them by ?? heirs forward to be divided between arguable to quantity and quality equally also the two negro men left to my wife during her widow hood if either them should die without issue (?) the other gets all.
Then I give to my sons VINCENT JARRETT and LEVI JARRETT at the expiration of my wife’s natural life the home tract of land to be divided agreeable to quality and quantity equally between. It is also my will that if the above named negro woman named Rachel should breed and have children that they be equally divided between my two sons VINCENT and LEVY JARRETT at the expiration of my wifes widowhood if either of them dies without issue then the other enjoys all…
Then I give and bequeath to my beloved son WILLIAM JARRETT and his heirs forever the tract of land whereon he now lives also two hundred dollars in cash to be paid by my executors as soon as convenient after my decease.
Then I give and bequeath to my beloved son JAMES JARRETT and to his heirs forever four hundred acres of land (bituate) lying and being in Greenbrier County on Mill Creek mountain opposite to land surveyed for JACOB SKYES also one negro boy named CHARLES.
Then I give and bequeath to my beloved son DAVID JARRETT the tract of land where on he now lives then I give and bequeath to my beloved son ABRAHAM JARRETT my part of a tract of land survey in partnership by Co… Dickenson and myself lying on Elk Creek Kanawha County .
Then I give and bequeath to my beloved son Owen Jarrett seven hundred acres of land where on he now lives.
Then I give and bequeath to my beloved daughter LEAH GRAHAM one negro boy named PLYNN and three hundred dollars to be paid by my executors as soon as convenient after my decease. Then I give and bequeath to my beloved son in law and daughter BENJAMIN MORRIS and NANCY his wife the following property ??? one negro man named JERRY, one negro woman named MARY and their youngest child and five hundred dollars in cash to be raised out of the profits of my salt works or otherwise. Then I give and bequeath to my beloved son in law LEVI MORRIS and MARGERT his wife eight hundred dollars in cash to be paid as above described.
Then I give and bequeath to my beloved son in law and daughter WILLIAM JONES and ELIZABETH his wife eight hundred dollars in cash to be paid by my executors as soon as it can be made by the sale of my personal property or otherwise. Then I give and bequeath to my beloved son ISAAC JARRETT eight hundred dollars in cash to be paid as soon as can be made by my executors. It is also my will that my executors lay out ten thousand dollars of the salt works money in congress land in the western country to be equally divided between all of my heirs it is also my will that my wife have the use of all my farming utensils gave and so forth it is also my will that the smith tools remain for the use of the children that is convenient it is also my will that if my wife should marry that my executors shall take care of the furniture left to my two daughters if it appears likely to go to waste. Lastly for the residue of my estate goods and chattels I leave them to be sold and disposed of by my executors. I also ??? and appoint my beloved wife Rosanna Jarrett executrise and BENJAMIN MORRIS, JAMES JARRETT AND JOHN HENCHMAN executor to this my last will and testament and my wife ROSANNA JARRETT and BENJAMIN MORRIS guardians to my children which I have had by my wife ROSANNA JARRETT and thereupon leave this my last will and testament reversing all former wills by me made.
-Jm witnesses Whereoff and have here unto set my hand and afford my seal this nineteenth day of January one thousand eight and twenty two.
his
James X Jarrett
mark

Signed sealed published and declared
By the said JAMES JARRETT to be his last
will and testament in the presence of us
At his request and in his presence have
Hereunto subscribed our names as
Witnesses to the same
ANDREW HAMILTON
JOHN FRAZER
WM JOHNSON



Greenbrier County Court
July Term 1822

This Instrument of writing purporting to be the last will and testament of JAMES JARRETT decd was presented in court and proved by the oaths of ANDREW HAMILTON and JOHN FRAZER two of the ??? bring witnesses there un to have been duly executed and acknowledged by the said JAMES JARRETT decd and for his last will and testament which is ordered to be recorded and thereupon BENJAMIN MORRIS JAMES JARRETT and JOHN HINCHMAN therein named appeared in court together with Rosanna Jarrett the executrix there in named who refusing to take upon herself the execution of said the said BENJ MORRIS JAMES JARRETT and JOHN HENCHMAN entered into bond with JOSEPH ALDERSON JACOB HOCHMAN (OR HOCKMAN) ROBERT RENNIK WM GRAHAM and JOEL SLODGIL their securities n the penalty of sixty thousand dollars conditioned as the law directs and took the oath prescribed by law.
Therefore probate and letters testamentary is granted the said BENJAMIN MORRIS JAMES JARRETT and JOHN HINCHMAN in due form of law as the acting executors of the said JAMES JARRETT dec.



Teste LEWIS STUART C,G,C,




Will West Virginia Will books, 1756-1971
Greenbrier, v.1 1777-1883 p. 538
Familysearch.org (image 233)




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