Pleasants County, West Virginia - Will of Samuel Maxwell


Submitted by: Jim Curts.

The following is the will of Samuel Maxwell, b 10-23-1776 d 11-25-
1865, husband of Sarah Scott. His son and Samuel Scott and grandson 
Leander Burnside are noted in Hardesty's Biographical Atlas of WV.


Will of SAMUEL MAXWELL
Recorder's Office, Hancock Co, WV
November 13, 1865

On motion of Jno. H. Atkinson the last will & testament of Samuel 
Maxwell decd. is this day admitted to Probate upon the oath of Robert 
Morrow one of the Subscribing satisfactorily proven on the oath of 
said Morrow and James W. Brown. It is ordered that letters 
testamentary be granted to John Atkinson upon the estates of said 
decendant whereupon said John Atkinson entered into and executed a 
bond with Henry J. Maxwell his security in the precise sum of Five 
Hundred Dollars condition as the law directs and the several oaths 
required by law. It is ordered that said bill be recorded.

Given under my hand this 13th day of November 1865.

Copy Test. A. M. McFlanegin, Recorder

In the name of God, Amen. I SAMUEL MAXWELL of the county of Hancock 
and State of Virginia calling to mind the uncertainty of life do this 
nineteenth day of August in the year of our Lord one thousand eight 
hundred and fifty-six ordain this my last will and testament hereby 
voiding all former wills by me past. First, I direct that the heirs 
of my son JOHN MAXWELL get the property mentioned in an article of 
agreement made by me with JAMES CHAMBERS and dated the 12th day of 
March 1856 by their ------------- and nine hundred dollars to be paid 
at my decease and any money that may be paid me by ----------------- 
to me by the said heirs of JOHN MAXWELL dec'd, shall be credited 
without interest to the payment of the said nine hundred dollars.

Second, I have given my son, ROBERT MAXWELL, his full share of my 
estate in a purchase he made by me and I do not intend him to get any 
more of my Estate but what he has got.

Third, I give and bequeath to my three sons, WILLIAM MAXWELL, JAMES 
MAXWELL and JOSEPH HENRY MAXWELL all of my Estate both real and 
personal to be equally divided among them by the paying of my funeral 
expenses and all debts including nine hundred dollars to be equally 
divided between my sons SAMUEL S. MAXWELL, SMILEY MAXWELL and my 
daughter ELIZABETH WELCH, said three children last named intend to 
pay myself before my death. But in case the legacies of three hundred 
dollars to each one should be unpaid in part or whole at my death my 
sons WM. MAXWELL, JAMES MAXWELL and JOSEPH HENRY MAXWELL to pay the 
same in whole in first as the case may be.

Fourth, that in case my son WILLIAM MAXWELL should die without and 
children I give and bequeath his share of my estate to my son SAMUEL 
S. MAXWELL by him paying the debts of said WILLIAM MAXWELL.

Lastly, I appoint my friend, JOHN ATKINSON, executor of this last 
will and testament witness my hand and seal the day and year first 
written.

/signed/
Samuel Maxwell
Signed and acknowledged
in person of
Andrew Hayes
Robert Morrow

I certify that the foregoing is a true copy, etc.

Book A, pp 14-15, Hancock Co., WV History Recording Survey, Reel 45.