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    1. [HART-L] thomas hart will
    2. M. Burns
    3. Will Book 2, page 275, Berkeley County, Martinsburg, West Virginia In the name of God Amen. I Thomas Hart Junr of Berkeley County in the State of Virginia being of Sound Mind and Memory do Make and ordain this my last Will and Testament in manner and form following htat is to Say Item I give and my will and desire is that my loving wife Anne Hart do enjoy and fully possess all my property of every kind that I am now possessed off As well my land and premises whereon I now dwell Containing one hundred and thirty two acres in the county as all my personal property of every description whatsoever during her natural life Subject nevertheless to the maintainance Support and Education of my Children to wit Margaret Elizabeth Anne Thomas Esther and Sarah Hart until they Severally attain to lawful age and Subject also to the payment of all my Just debts And my Will and desire is and I do hereby direct authorize and fully impower my executors hereinafter named or the Sruvivor of them to dispose of my Said tract of land and premises above said together with what personal property of every discription my said wife Anne Hart may be possed off at the time of her death at publick Sale and the Money arising from Such Sale I do hereby direct my said executors or executor to make equal and compleat devision of Such money arising therefrom among my Said Children of the Survivors of them in Just and equal proportion to each of them Such equal divided of Money I do hereby give and bequeath t my above named Children or the Survivors of them their heris and assigns forever. Item I give and bequeath to my Son Thomas hart my Silver watch which is not to be Considered in the above division lastly I do hereby nominate and appoint my loving wife Anne Hart Executrix Daniel Vanmeter and Mason Bennett Executors of this my last will and Testament Ratifying and Confirming this to be my last Will and Testament in testimony whereof I have hereunto St my hand and affixed my Seal This eleventh day of January one thousand Seven hundred and Ninety five (1795) Signed Sealed published and declared by the Said Thomas Hart Jun (LS) Thomas Hart Junior as his last Will and Testament in presence of Thos Rutherford T Rutherford Jnr her Mary X Smallwood mark Be it Remembered that I Thomas Hart Jnr of the County of Berkeley having made Signed Sealed and acknowledged my last Will and Testament bearing date the Eleventh day of January (inst) have now thought it proper and Necessary to maek and explain my Said will as within and above mentioned and do hereby declare the Same to be a psrt of my last will and Testament fully ratifying and Confirming my Said Will with the following addition First it is my will that provided my Said wife Anne Hart shal Continue my widow she do enjoy and possess all my real and personal estate as before mentioned in my Said Will but in Case of her marriage my will is and I do hereby order that She Shall be restricted to one third part of my real and personal estate agreable to law 2dly It is my will and I do ereby direct that in Case of my Said wifes marriage my executor after assigning her her thirds of my Estate agreable to law do take possession of the remainder of my Real and personal Estate and apply the Same in such manner as they may Judge most to the advantage of my before named Children until my Said wifes death when the whole of my real and personal Estate Shall be sold and applied as before directed in my Said will 3dly It is my will and I do hereby order that at no time untill my Said land is disposed off as before directed Shall there be any unreasonable or unnecessary waste of the timber now growing on the Said land further for the necessary repairs of the present fencing and fireing in witness whereof the said Thomas Hart Jun hath hereunto Set his hand and Seal this twelth day of January 1795 Signed sealed Published and declared by the said Thomas Hart Jun as a Codicil to his last will and Testament I presence of In order to Confirm and Ratify this addition to my deceased husbans Will I Anne Hart without any forcer or persuation freely have Set my hand and Seal Anne Hart (LS) Rich Willis Robert Taylor Thomas Hyd Cavalier Martin As a Court held for Berkeley County the 20th day of January 1795 this last Will and Codicil of Thomas Hart Junior decd was proved by the oaths of two of the Witnesses thereto and ordered to be recorded and on the Motio of Ann Hart and Daniel Vanmatre two of the executors therein named who made oath according to Law Certificate is granted them for obtaining a probate thereof in due form of law giving Security whereupon they with Security entered into and acknowledged bond Conditioned as the law directs Mason Bennet the other executor refused taking upon himself the burthen of the execution thereof which is ordered to be Certified Test Mo. Hunter C B C

    09/10/1998 06:41:03