Know all men by these presents shall I John Neely Sr. of the township of Grant County of Monongalia and State of West Virginia do make and ordain this my last will and testament ___ ___ ___ and ___ as follows to wit: I will ___ device all ___lands ___ of which I may ___ ___ to be divided among my children as follows, to my daughter Rebecca Stewart wife of John P. Stewart one eighth (1/8) parts thereof. To my daughter Rose Ann Musgrave wife of Moses Musgrave one eighth (1/8) parts thereof. To my daughter Drusilla Fisher wife of Alpheus Fisher one eighth (1/8) parts thereof. To my daughter Catherine Breakiron wife Fredrick Breakiron one eighth (1/8) parts thereof. To my daughter Sarah Jane Breakiron wife of Alfred Breakiron one eighth (1/8) parts thereof. To my daughter Phebe Neely one eighth (1/8) parts thereof. To my daughter Elisabeth Rachel Chipps wife of Colossian Chipps one eighth (1/8) parts thereof the parts to go to her and to her heirs. To my daughter Mary Ellen Neely one eighth (1/8) parts thereof. The lands I desire to be ___ appraised by three (3) judicious disinterested men and divided equally among the above named heirs according to quantity and quality and subject to the following conditions. ___ my son Lebbeus F. Neely has not already received of the amount I have advanced to him including his reciept to me for seven (730) hundred and thirty dated May 21 1871 and the five hundred (500) dollars paid by John P. Stewart, for him which money I furnished said Stewart for that purpose after calculating the principal and interest up to the time of the division of my lands it is found he the said Lebbeus F. Neely has not received an amount sufficient to make him equal to the other heirs in value to their respective shares of land. Then it is my will that each of the above named shares of land shall be liable for the payment of one eighth (1/8) part of a sum sufficient to place him equal with them further it is my will ___ the division of my lands that my daughter Phebe Neely shall ___ first choice and my daughter Mary Ellen Neely to have second choice the residue of the shares to be decided by ___ lots and further it is my will that the land falling to my daughter Drusilla Fisher wife of Alpheus Fisher shall be liable for payment of a debt principal and interest due from my grandson John Fisher to my daughter Phebe Neely also the share of land falling to my daughter Elisabeth Rachel Chipps wife of Colossian Chipps shall be liable for the payment of a legacy that I will and bequeath to my Grandson Alfred Pembroke Neely of three hundred and fifty (350$) dollars. On disposing of my personal estate I give and bequeath to my daughter Phebe Neely all the money she may have on hand or loaned out in her name or under her control also the following property One (1) Feather Bed, One (1) pair Cottage Bed steads also Eleven (11) quilts, two (2) Blankets, three (3) double and two (2) single Coverlets, Six (6) sheets three (3) linen and one (1) oil Table cloth, Six (6) hand Towels, three (3) pairs pillow slips, One (1) mill ___, One (1) chest, One (1) Candle Stand, One (1) set of Windsor Chairs and ___ ware sufficient to make equal with my other daughters who ___ began housekeeping for themselves. One (1) Looking Glass, One (1) ___
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saddle and bridle, six head of sheep and one (1) red Cow known as Phebe Cow also three (3) stands of Bees. To my daughter Mary Ellen Neely I give and bequeath the following personal property, One (1) Feather Bed one pair of Cottage Bedsteads, ten (10) quilts two (2) single Coverlets, four (4) Blankets, two (2) Flannel Comforts, two (2) sheets, two (2) pairs pillow slips two (2) linen and one (1) oil cloth Table Cloths four (4) hand Towels, one (1) mill suck one Candle Stand one set of Windsor Chairs, One (1) side saddle & Bridle One (1) Buggy and harness for the same one (1) three year old bay horse called Frank, Six (6) head of sheep, One (1) two year old Red Heifer and cupboard ware to make her equal with my other daughters. To my Grandson Alfred Pembroke Neely I give and bequeath the following property One (1) Feather Bed ___ one (1) pair of Cottage Bedsteads, four (4) quilts, (4) four Blankets, three (3) pairs pillow slips two (2) sheets, two (2) Table Cloths, One Bay horse called sneak, One (1) Bridle one (1) Saddle also the balance of a note due me from my daughter Elisabeth Chipps for One Hundred and five (105$) Dollars after allowing her a credit of fifty (50$) no interest to be counted on said note. I further will that all my outstanding notes and accounts or monies due me in any way shall be collected by my Executor and after the payment of all my just debts and funeral expenses if there should be any surplus money or property left I desire the same to be equally divided among all my children and further I hereby constitute and appoint John K. Barrickman as Executors of this my last will and testaments.
In Testimony whereof I have hereunto set my hand and affix my seal this Seventh (7) day of June 1876.

							John Neely Sr. (Seal)

         Attest
Elery J. Lough
Jno G. Fleming

The last will and testament of John Neely Sr. deceased was this day produced to the clerk duly proven by the oaths and examination of Elery J. Lough and John G. Fleming subscribing witnesses thereto and admitted to probate
John K. Barickman the Executor named in the will having taken the oath prescribed by law and entered into bond in the penalty of two thousand Dollars conditioned according to law, with John G. Fleming (who justified on oath as to his sufficiency) surety therein. A certificate is granted him to obtain letters testamentury refurs the last will and testament of John Neely Sr. deceased.

							A Copy ___
								Wm S. Cob___ Clerk

Retyped by Becky Grimaldi on May 2,1997.
This information can be freely copied but cannot be sold.