Will of Charles Brown

I Charles Brown of Kanawha County and State of Virginia, Being in sound mind do make the following my will To-Wit: in the first place it is my wish & desire that there shall be a lot of my Red House tract of land, laid off above the Gut above where Tallerand T. Brown now lives to Begin on the Bank of the River so as to run a line to leave the old Schoolhouse ten feet out next to the Branch or gut, and to strike the branch or gut at the point of the hill wher it comes out of the hill and to run up said branch or gut by its meanders twenty poles, and then run a parallel line with the line between Andrew Morrison's line and myself where it may stake the back part of my tract, which lot or parcel of land I desire to be sold to pay my debts if I shall leave any unpaid, or divide equally among my children, and the balance of my Red house tract I give to my two sons Tallerand P. Brown and Charles P. Brown the upper half I give to Tallerand P. Brown & the lower half I give to Charles P. Brown and desire my sons to let the division stand as they have run the division fence now between themselves and my Jackson Five hundred acres I give to my two daughters Virginia Campbell and Mary Campbell, and make my children all even as to my money that may have aced in my lifetime so that ther shall not be no disputing with them about my having aced more than another, but I take that on myself to be the judge for I am satisfied to make them even in any thing that I have given them or paid for them, and the balance of my estate if any shall be divided amongst all my children as though I had made no will and my wife I give her one third of all her lifetime, as the law would do in such case where there is no will made, and do appoint my son Tallerand P. Brown my Executor to act and settle my affairs with full confidence that he will do right and honest, and that the Court shall take him without security, but at any time if ther should appear that my executor should get deranged or attempt to do wrong then in that case the Court by complaint lodged take steps to stop him, and require security.. And as I feel compleatly at myself when writing this will, I desire that no Court shall brake said will under no consideration whatever. Therfore I do sign and seal this my last will and testament the ninth day of July Eighteen hundred and forty six.

Charles Brown, (SEAL)

:R.W. Shumaker.
Witnesses present :Robt. C. Dawson.
:Eligah F. Dawson.

Whereas I Charles Brown made a will the 9th day of July 1846 which will I wish to stand so far as I deposed of my property, and the balance of my estate which is not willed. I give to my wife the full use of during her lifetime and then the reserved part of my Red House tract of land that I willed to my two sons Tallerand P. Brown and Charles P. Brown, and at her death I give the second part, above the gut to my two sons, by them paying to my daughters Mary Ann Campbell Three hundred dollars that being to make up the loss of the Girl Eveline that I gave her, which girl went blind. I give it to make her equal to Virginia's girl Hanel, whom I have given to Virginia Campbell, an at my death, I give Charles P. Brown a girl with Two hundred and fifty dollars out of some of the slaves I may leave, if I shall not furnish him with one myself and if I shall not to be charged to him, for I give him that to make him even with the rest of my children, which sets them all equal at my death, as I have stated in my will, which will I wish to stand so far as it goes and then at my wife's death all the balance that I now possess to be equally divided among my four children and Tallerand P. Brown to manage this as the former will and this to be axed to the other will as part of my will. Witness wherof I have set my hand & seal the 3rd day of August 1848.

Charles Brown.
TTEST:
John C. Wilson.
Wm. Miles.
George P. Dyke

At a Court held for Kanawha County the 8th day of January 1849 A writing purporting to be the last will and testament of Charles Brown dec'd. with a codicil thereto annexed, was produced in Court by Tallerand P. Brown the executor herein named and dires witnesses To Wit:
Specier Patrick, Alexnader W. Quarrier, Samuel A. Miller & John A Truslow were sworn and deposed that they are well acquainted with the estators hand writing and verily believe the said writing and the name therto subscribed to be wholly written by the Testators own hand. Wherupon the said writing is ordered to be accorded as the true last will and testament of Charles Brown decd. with codicil aforesaid annexed.

Teste: A.W. Quarrier, Clerk
Putnam County Court Clerk's Office: Copy Teste: A.W. Quarrier, Clerk
December 19th 1849

This copy of Charles Brown's Will was this day presented to me in my and thereupon together with the certificate of the Clerk of Kanawha County Court admitted to record.
Teste: H.H. Forbs, Clerk.

WEST VIRGINIA, PUTNAM COUNTY COURT CLERK'S OFFICE: June 9th. 1915.
I, J.M. Henson, Clerk of the County Court of Putnam County, West Virginia certify that the foregoing is a true copy of the will of Charles Brown and the certificate hereto annexed as transcribed by me from the original Will Book No. 1, pages 2.
Teste: J.M. Henson, Clerk

Copyright © 1996, James Denning
Thanks to James Denning for submitting this file for the WVGenWeb Archives. This file may be freely copied but may not be sold.