I will not get into retyping the complete will and deed here as they are about eight pages long. I will just touch on the highlights. (See source #8 for the original deed)
Nicholas' will is recorded in Keyser, WV at the Mineral County Courthouse
Will Book 1, Pages 338-343.
Because the land was split between Jacob and Frederick, they in turn were required to compensate the other brothers and sisters over a three-year period in cash.
Nicholas Abe Will
First part.....gives the south, southwest portion of the property to Jacob Abe. Here he states that this portion was originally willed to his brother August and he in turn purchased it from August. Nicholas states that the original property comprised of about 419 acres.
(The property being divided here is slightly more ... about 433 and 3/4 acres. Part of this difference came about from a swap of two small portions of land between the Abe farm and his son, Philip Abe's property when this survey of the property was done for the will.)
This portion of the property being conveyed to Jacob Abe be is comprised of 238 3/4 acres. This part of the property joins lands of Philip Abe, John Senn, Wagoner heirs and others. He also says that one of the lines of the survey passes through the center of the barn.
Second part..... Here Nicholas gives Philip Abe $200.00 to be paid by Jacob Abe in cash over three years. Payment schedule is included both with and without interest.
Third part..... Nicholas gives John Adam Abe $200.00 to be paid by Jacob Abe in cash over three years. Payment schedule is included both with and without interest. The same payment schedule as for Philip Abe.
Fourth part..... Here Mary C. (Abe) Herrick receives $50.00 to be paid by Jacob Abe at the end of three years with interest. A lien is placed on Jacob's portion of the property to secure payment.
Fifth part...... Frederick Abe is given the remaining north by northeast portion of the farm which constitutes 195 acres. This portion joins lands owned by persons of Humbird, Robinson, Pollock, House, Seibert and others.
Sixth part..... Here Mary C. (Abe) Herrick is given $150.00 to be paid by Frederick Abe in cash over three years. Payment schedule is included both with and without interest.
Seventh part..... Nicholas gives John H. Abe $200.00 to be paid by Frederick Abe under the same terms as the second part of the will. A lien is placed on Frederick's portion of the property to secure payment.
Eighth part..... Directs the Executor to see that all roads and passages remain for access by each or both Frederick and Jacob as necessary and convenience requires.
Ninth part..... Jacob and Frederick are charged by Nicholas with furnishing and delivering one sixth part of all grain annually to the granary or crib for the use by Lacy Ann, his wife and their mother, as a support for her should she survive him. Lacy Ann is also given two cows for which Jacob and Frederick will furnish necessary rough feed for winter and pasture for summer. She is also given as much of the household and kitchen furniture as she desires.
Tenth part..... Here Nicholas gives his granddaughter Mary C. Abe, daughter of Frederick Abe, one cow, one bedstead and bedding. She also receives $30.00 from the proceeds of his personal property sale. (The only Mary Abe, daughter of Frederick Abe, is Mary Ann Abe who later marries George Seymour Baldwin. It is unknown why she is called Mary C. here). What is interesting is that she is the only one of the many grandchildren to receive a portion in the will.
Eleventh part..... The Executor is directed to advertise and sell at public auction all his personal property, not before disposed of in this will, and collect all money owed him. He then is to pay off his debts and expenses and then distribute the remainder...one third to his wife and the remainder split between his children.
Twelfth part..... Here Nicholas appoints Jacob Abe as his Executor. The will is dated and signed here on March 17, 1887.
John Johnson, W.P. Everett and Emmor Lichliter witness the signing.
The will was admitted into probate on October 8, 1894 and proven by the witnesses above to be his last will and testament.
Deed Survey Attachment
The deed survey is pretty standard as surveys go with all of the degrees, boundaries and distances listed so all I will mention is who got each portion.
The first part deals with the 238 3/4 acres that was being transferred to Jacob Abe.
The second part deals with the 195 acres that was being transferred to Frederick Abe.
The third part lays out 5 1/8 acres of land traded to Philip Abe from the Jacob Abe portion of the the survey.
The last part lays out 9 1/2 acres of land traded to Jacob Abe from Philip Abe.
Both the first and second parts show the unique situation of dividing the property where both parties will share half of a barn.
Philip Abe, Nicholas' oldest son, had purchased a farm that joined the Abe farm about 1885 just two years before this survey was done. Apparently Philip and either Jacob or Nicholas had come to an agreement on a swap of land that would mutually benefit both and they just had the task taken care of at the same time as the division survey to satisfy the deed transfer that would later be part of the will.
Post a Comment