In the name of God Amen!! I James Roper of of [sic] the County of Jefferson, Virginia; being of sound and disposing mind and memory; considering the certainty of Death; and the uncertainty of the time when that event may happen, To make this my last will and testament, in manner and form following; hereby revoking any will or wills, by me heretofore made - that is to say.
Item.- I desire that all my just debts should be paid; and my funeral expenses defrayed, out of my estate.
Item.- I desire to my wife Elizabeth Roper my farm on Cat-tail run - in Jefferson county, adjoining the lands of Eichelberger, Gardiner and others; and containing about Two hundred and seventy Seven acres; including the original tract; and about forty acres, subsequently purchased; for and during her natural life, and no longer. The remainders in said tract of land, I devise to my son William Henry Harrison, for and during his natural life and no longer; and at his death, I devise the same in equal portions, to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may be ensient = Said sons to take as purchasers, and not by way of entail. And in default of their being no such son or sons living as aforesaid; then, in equal portions, to my sons James Michael and Washington Albert, and to the Survivor of them, for and during their natural lives or life, and no longer; and in the event that neither of my said two sons should be alive at the death of my said son William Henry Harrison, he having died with out leaving male children as aforesaid, then to my heirs at law in fee simple.
Item.- I desire to my daughter Ann Catherine, now the wife of Henry F. Scholz[sic], the tract of land in Jefferson County; part of which I purchased from John H. Little and wife, and the larger part from Charles Brooke and wife; which is described as follows, to wit: Beginning at the Southwest corner of the tract purchased from Little and wife, and a corner to the tract purchased from Brooke and wife, running thence S 47°, 57 1/2' E, 81.7 poles to a Stone; thence to same course continued 70.6 poles to the Shenandoah river; the whole distance of said course being about 152 poles - Thence with the meanders of the river to a stake near a large Elm stump, acorner to the Cedar Cliff Tract; Thence with the lines of the same N 2° 30` W. 49.3 poles to a stake and stone - thence N. 20° 27` E. to the North corner of the Cedar Cliff farm - thence N. 59 1/2° W. 132.1 poles to Rouss line, thence with the same N-30 ½ E to a corner of Rouss and Chews heirs; thence in a straight line to the beginning; Supposed to contain about Two hundred acres, be the same more or less. - The said devised is made to my said daughter for and during her Natural life and no longer; and for her sole and separate use and benefit, in like manner as if she were unmarried; and the said life estate is in no manner to be subject to the marital rights, or to the debts or liabilities of her present; or any future husband. The remainder in said tract of land I devise to my son Washington Albert, for and during his natural life and no longer; and at his death I devise the same in equal portions, to any son or sons of his, born in lawfull wedlock, that may be then living; or of which his wife ma then be ensient. And in default of any such son or sons living as aforesaid, then in equal portions, to my sons James Michael, and William Henry Harrison and the survivors of them, for and during the natural lives of life of my said two last mentioned sons shall be living at the death of my said son Washington Albert, he having died without leaving male children as aforesaid, then to my heirs at law in fee simple.
Item,- I devise to my daughter Amelia Virginia all the north end of the tract of land, referred to above, as having been purchased from Charles Brooke and wife known as the "Retreat"; together with the larger portion of the tract purchased from Little and wife; The tract of land hereby devised, may be better described by beginning at the month of the lane, corner to Rouss and Chew's heirs, running thence by a Straight line across the Brooke tract, to the corner of the John H. Little land, that is the corner of it, and the original Hammond tract, near also to Vanvactor's corner - Thence with the line between the Hammond and Little tracts, Southward, passing the first angle, Straight on to the Shenandoah river - so as to throw much the larger portion of the Little tract into the tract here intended to be divided - This devise is made to my said daughter, for and during her natural life and no longer; and to her sole and separate use if She should hereafter marry; So as is no manner to be subject to the Marital rights, or the debts or liabilities of any future husband she may have, The remainder in said tract of land, I devise to my son James Michael, for and during his natural life, and no longer; and at his death I devise the same, in equal portions to any son or sons of his born in wedlock, that may be then living; or of which his wife may then be ensuint - said sons to take as purchasers and not by way of entail. And in default of them being any such son or sons living as aforesaid; then in equal portions to my sons William Henry Harrison and Washington Albert, and the survivor of them, for and during the natural lives of life of my said teo last mentioned sons. And in the event that neither of my said two sons should be alive at the death of my said son James Michael he having died without male children as aforesaid; then to my heirs at law in fee simple.
Item.- I devise to my son James Michael, my home farm, consisting of several parcels of land, purchased from Samuel Howell; Elizabeth Dorsey, John B. Packett, William Hooff and James L. Ranson: Containing in all about three hundred and ten acres, to be taken from my larger tract of land situated on the South east side of the Shenandoah river, adjoining the lands of the late Judge Penkin's heirs and others: and to be laid off in the North East corner of the same, in the manner hereinafter Specifically directed: for and during his natural life and no longer: and at his death I devise the same in equal portions to any son or sons of his, born in lawful wedlock that may be then living, or of which his wife may then be ensient: Said son or sons to take as purchasers, and not by way of entail - And in default of there being no such son or sons living as aforesaid; then in equal portions to my two sons William Henry Harrison and Washington Albert and the survivor of them, for and during the natural lives of life of my said two last mentioned sons and in the event that neither of my said two sons should be living at the death of my said son James Michael, he having……}
James Roper {seal}
{second sheet of James Roper's Will}
died without leaving male children as aforesaid, then to my heirs at law in fee simple.
Item.- I devise to my son William Henry Harrison, all the lands I purchased of Mrs. Laiv's(?) Executor and Thomas Lee, adjoining the lands of McCurdy, Humphrey's & others, And containing in all about three hundred and thirty three acres; be the same more or less, for and during his natural life, and no longer; and at his death, I devise the same, in equal portions, to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may then be ensient.- Said son or sons to take as purchasers, and not by way of entail.- and in default of there being no such son or sons living as aforesaid, then, in equal portions to my two sons James Michael and Washington Albert and the survivor of them for and during the natural lives of life of my said two sons should be living at the death of my said son William Henry Harrison, he having died without [male] children living as aforesaid, then to my heirs at law in fee simple -
Item,- I desire to my son Washington Albert, all of my stone - house tract of land, lying on the North fork of Bullskin, and containing two hundred and fifteen acres, be the same more or less, and including also a lot of land adjoining, which I purchased from Whiting's heirs, and which lies between the original Stone house tract, and the Berry ville Turnpike, on the north corner; also one hundred and ten acres of my larger tract of land situated on the south east side of the Shenandoah river: to be laid off in the South East corner of said tract adjoining the lands of Backhouse, Smith and others, in the manner hereinafter specially, directed: also the lot of land purchased by by [sic] me from, William Clarke's heirs lying on the north side of Evitt's run, adjoining the lands of Lack's heirs, Lacklands heirs &, and containing the twenty one acres, be the same more or less, adjoining the home farm, and the lands of Lacklands heirs; which lot is divided from the home farm by a chestnut rail fence; which however is to belong to the home farm; - for and during his natural life and no longer; and at his death, I devise the same, in equal portions, to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may then be ensient.- Said son or sons to take as purchasers, and not by way of entail.- and in default of there being no such son or sons living as aforesaid, then, in equal portions to my two sons James Michael and Washington Albert and the survivor of them for and during the natural lives of life of my said two sons should be living at the death of my said son Washington Albert, he having died without male children living as aforesaid, then to my heirs at law in fee simple -
Item.- I devise to my son Nicholas Osborne, all of my tract of land on the west side of the Shenandoah river, adjoining the lands of Henry Castleman, James Lewis, and others, upon which Daniel Snyder now resides; and containing four hundred acres, be the same more or less, for and during his natural life and no longer; ; and at his death, I devise the same, in equal portions, to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may then be ensient.- Said son or sons to take as purchasers, and not by way of entail.- and in default of there being no such son or sons living as aforesaid, then, in equal portions to my grand son James Nicholas Roper, son of my deceased son William Thornton Roper, for and during the natural life of him the said James Nicholas, and no longer; and at his death to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may then be ensient.- Said son or sons to take as purchasers, and not by way of entail.- and in default of there being no such son or sons living as aforesaid, then to my son Washington Albert in fee simple -
Item.- I devise to my said Grand Son James Nicholas Roper, five hundred acres of my larger tract of land situated as before mentioned, on the South East side of the Shenandoah river; bounded by the river on the Northwest, by Perkin's heirs on the Southwest, George Backhouse on the North East - and on the South east by the parcels of land herein before devised to my sons James Michael and Washington Albert - for and during the natural life of him the said James Nicholas Roper and no longer; ; and at his death, I devise the same, in equal portions, to any son or sons of his, born in lawful wedlock, that may be then living, or of which his wife may then be ensient.- Said son or sons to take as purchasers, and not by way of entail.- and in default of there being no such son or sons living as aforesaid, then to my two son Washington Albert in fee simple -
The tract of land on the Southeast side of the Shenandoah river; out of which I have herein before devised one hundred and ten acres to my son James Michael; and a like quantity to my son Washington Albert; and the residue of five hundred acres to my Grand son James Nicholas Roper, is to be divided as follows to wit - Beginning at the Southeast corner of the general tract, in the line of Henson Elliot, the course is to be down the line, with Parker's heirs toward the river, a sufficient distance, so as by running thence across the whole tract to Backhouse's line, the quantity of two hundred and twenty acres may be thrown off next to the mountain and adjoining the lands of Henson, Elliot, Brooke, and others - the North eastern half in devised as hereinbefore mentioned to my son James Michael, and the South western half to my son Washington Albert - I have already had a survey of this line made by S Howell Brown, which will more fully explain my intentions in this respect-
Item.- A Negro boy, named Bill, was conveyed to my wife by marriage contract, dated May 1st 1838, and was afterwards sold for nine hundred dollars, which amount I received, and paid over part of it to my wife - the balance of said sum after deducting the amount I have paid her, I direct to be paid her, by my executor out of my estate; but without interest in said Negro boy.
Item.- I bequeath to my said wife Elizabeth Roper one horse, saddle and bridle - also all my household and kitchen furniture, including particularly all my beds, bedding, bedsteads, quilts, coverlids, comforts, sheets, carpets, chairs, tables, table ware, cabinet furniture, and all other articles which properly come under the title, as generally understood, of House hold and kitchen furniture; excepting of course any articles, which I have or may herein specially bequeath to any other party.
Item.- I bequeath to my son Nicholas Osborn my surveying compass with the chain and other implement }
James Roper {seal}
{Third sheet of James Roper's Will}
thereto attached.
Item.- I bequeath to my son Washington Albert, my Eight day clock in the Stone House, on the BullSkin farm, which I have herein before devised to him; also, my gold patent lever watch, made by Joseph Johnson, Liverpool and numbered 926.
Item.- I direct that my executor shall rent out all my real estate, herein before devised, until my Youngest son arrives at the age of twenty one years, or dies, whichever event shall happen to the several parties entitled to the lands according to the foregoing devises - that is to say to each, the rents accruing from the land devised to him or her respectively and I especially devise and request that my executor hereinafter named, will see that my youngest son Washington Albert, shall be kept at school so that he gets a good English and arithmetical education - the expense to come out of the general estate, as I have educated my other children.
Item.- I wish to bestow, out of my estate, three hundred dollars for the benefit of the itinerate preachers of the Methodist Episcopal Church who shall form time to time ride the Jefferson Circuit: But as I an advised I cannot do so in the manner I proposed, I therefore bequeath that sum out of my estate to my friends William Grantham and James M. Brown, in their absolute right personally; with a request, but not a legal requirement, that they will so dispose of it as to secure the annual interest of said sum for the benefit of such itinerant preachers as long as they can conveniently so manage it - and then dispose of the principal in such manner, according to their own judgment as will best promote the object I have in view.
Item.- All the rest and residue of my estate: particularly all the personal property of which I may die possessed: thereby devise and bequeath to my daughters Ann Catherine and Amelia Virginia and my sons James Michael, William Henry Harrison, Washington Albert and Nicholas Osborn, and my Grandson James Nicholas roper, Share and share alike, in their absolute right - that is to say, one seventh to each of said persons respectively - But to shares, this given to my daughters Ann Catherine and Amelia Virginia are for their sole and separate use, and in no manner to be subject to any Marital rights, or to the contracts, debts or liabilities of any husband or husbands, they or either of them has, or may hereafter have.
Item.- And lastly I hereby appoint my friend Logan Osbourne executor of this my true last will and testament - again revoking any former will or wills by me made; and in testimony and verification of this being my true last will and testament, I have signed my name, and affixed my seal, not only here at the bottom thereof, but also at the bottom of each of the two preceding sheets of which this instrument consists - all done on this 11th day of November in the year of our Lord 1865.
Jas Roper {seal}
The foregoing instrument was signed and sealed by the testator, James Roper, in the Manner set forth in the closing paragraph thereof; and by him declared and published as and for his true, last will and testament, in our presence, We being also present with each other; who have thereupon at his request attested the same this 11th day of November 1865.
Andrew Hunter
Reason Shugart
Warren Eby
Codicil ~
Where as, I James Roper, of the County of Jefferson, have made, and duly executed my last will and testament, bearing date on the eleventh day of November 1865, Now, I do hereby declare this present writing to be a codicil to my said will and testament; and direct the same to be annexed thereto; and taken a part thereof - The will of my deceased father Nicholas Roper, which bears date on the 27th day of April 1812, devise all his lands in the county of Jefferson, to my son Nicholas Osborne Roper subject to certain Conditions, and charges thereon, in said will specified - But my said deceased father, by deed duly executed, in his life time, and recorded in the late Superior Court of Jefferson County, which bears date in the ninth day of May 1809, "Granted and leased to me for the term of Nine hundred and Ninety Nine years; those portions of the land, on the Southeastern side of Shenandoah river which by my will, to which this is a codicil, are devised, five hundred acres of it to my Grandson James Nicholas Roper; and one hundred and ten acres each, to my sons James Michael Roper and Washington Albert Roper - So that as to son Nicholas Osbourne Roper, after the expiration of said lease - In order therefore to avoid all difficulty, or dissension that might arise out of the foregoing state of facts, and the circumstances, under which I hold said lands, I do hereby require the said Nicholas Osbourne Roper - and those claiming under him, within a reasonable time after my decease to release assine [sic] and by a proper instrument convey to said parties to whom I have devised said lands, all his or their rights title and interest therein, so as to make their right and title thereto absolute, in fee simple. And this requirement - I hereby declare to be a condition precedent, to this the said Nicholas Osbourne Roper - or those claiming under him, taking, or deriving any benefit whatever under my said will - and furthermore should he or they refuse or fail, to comply with the aforesaid requirements then as to such part of my estate as is devised or bequeathed to said Nicholas Osbourne Roper by my will aforesaid, I hereby declare the same to be forfeited - and that the same, shall pass to my heirs at law - upon the basis of my having died intestate as to it - The remainders however being preserved, as in said will provided.
Signed and sealed by the said James Roper this 19th day of February 1867, and declared and published by him, at the same time, as a true codicil to his last will & testament in our presence ---
We being present with each other and attesting the same in his presence, and at his request.-
Andrew Hunter
Jas Roper {seal}
Warren Eby
West VirginiaRecorder's Court
Jefferson CountyJanuary 15th 1868
The last will and testament, and codicil thereto of James Roper Decd proved by the oaths of Andrew Hunter and Warren Eby two of the witnesses thereto, and ordered to be recorded - and on motion of Logan Osburn, the Executor therein named, who made oath according to law and with Nicholas O. Roper and James Michael Roper his securities entered into and acknowledged a Bond in the penalty of Seventy Thousand dollars, with condition according to law. Certificate is granted him for obtaining letters Testamentary in due form. Securities in so bond sworn as to sufficiency. Appraisers of personal estate of James Roper decd- Wm. Rissler, George Rissler, Dangerfield Lloyd and Ramey; or any three of them.
Teste~
George W. Chase
Recorder
