SHOBE-WV-1829

Will of Rudolph (Little Rudy) SHOBE
Hardy County, Virginia (This part of Virginia eventually became WV)

In the name of God amen, I Rudolph Shobe of the County of hardy State of Virginia being weak of body but of sound and disposing memory (for which I thank God) and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with I give and bequeath the same in manner following, that is to say,
... I give and bequeth to my beloved partner Magdalene Shobe all the land I purchased of Christopher Strather during her natural life and no longer and also one negro by named JOSEPH his life time and two negro girls, LUCY and MILLY; three head of horses of her own choice, three cows of her own choice, three heifers of her own choice, and also all my household and kitchen furniture two pair of gees, one big plow, one shovel plough, one ? & tackling belonging thereto, all the above bequest except the land and negro - JOSEPH to be disposed of by her as she may think best.
... Item I give and bequath to my son Isaac Shobe, one negro boy JOSEPH after the death of my wife, and also one negro boy named WILLIAM
.......... as also the use for five years from the date hereof of the two negro boys LEVI and HENTY herein after bequeathed to my sons Solomon & Samuel,
... also one 8 day clock he the said Isaac paying to his brother Daniel, the sum of thirty dollars on account of said clock - also one set of Blacksmiths Tools two waggons and gears, one wind mill and all my horse stock (except the three in the devise to my wife) for which he must pay to my executors here after named one hundred dollars for the purposed of discharging my debts - to him and to his heirs forever.
... Item I give and bequeth to my son Solomon Shobe one negro boy named LEVY (but not to be taken possession - by said Solomon, provided said boy should remain alive until five years from the date hereof, to him and to his heirs forever.
... Item I give and bequeth to my son Samuel Shobe one negro boy named HENRY (but not to be taken possion of by said Samuel, provided said boy shuld remain alive, until five years, from the date hereof, to him and his heirs forever.
... Item I give and bequeth to my Daughter Elizabeth Alkire one negro girl named LINDA, if my said daughter should die before her daughter Elizabeth, in that case it is my Will that said negro girl fall to my Grand daughter Elizabeth Alkire, to her and to her heirs forever.
... Item I give and bequeath to my daughter Mary Judy, one negro girl named HULEY - if my said daughter should die before her daughter Jemima in that case it is my will that said negro girl fall to my Grand-daughter Jemima Judy, to her and to her heirs forever.
... Item I give and bequeath to my daughter Clory Judy, one negro boy named GARRET and if my said daughter should die before her son Nimrod, in that case it is my will that said negro boy should fall to my Granson Nimrod Judy, to him and to his heirs forever.
... It is my wish that my sons Daniel & Isaac Shobe have the use and benefit of all Sanders land situated on South Mill Creek to be divided as follows
.......... - My son Daniel to have that part on the South side of said creek with the exception of five acre lot - It is likewise to be understood that in the event of my son Daniels leaving this country, only a part of said Sanders place, which we shall herafter mention will be for the use and benefit of said Daniel - namely from the Moorefield road up the Creek to Fishers line and with Fishers line to the Moorefield road again - Should Daniel remain at home he is to have the part first above mentioned, only with the exception of the five acre lot which is to be for the use and benefit of Isaac.
.......... My son Isaac to have the remainder of said Sanders Land on the North side of said creek, and in the event of Daniels going away the balance on the South Side with the exception of the part above mentioned which Daniel is to retain namely, from the Moorefield Line - the above to be for his use and benefit for the term of Six years, to commence after my decease, and at the end of said Term they are to leave it in good repair not destroying the cross fences which are not standing, but keeping them in good order, in failure of which to pay such damages as my execators shall determine, they being the Judges; - and to pay all manor rents and taxes on the same during the time they have it in possession.
... It is my will after my sons Daniel and Isaac's six years have expired that my executors hereafter named sell a public or private sale as they may think best all my land, with the follwing exception. Viz: provided the whole be sold at once no possession to be given of that part in the devise retained for my wife Magdalene Shobe until after her decease, and payment for said part only to be made when put in possession of the same ...
From the monies arising from the sale of my Lands it is my will that one thousand dollars from first payment be paid,
... one half to my son Daniel,
... and the other half to my son Isaac Shobe
an the balance to be equall divided amongest all my children namely, Daniel Shobe, Jacob Shobes heirs, Solomon Shobe, Samuel Shobe, Isaac Shobe, Elizabeth Shobe now Alkire, Mary Shobe now Judy, Clory Shobe now Judy ...
... In case the hundred dollars I have left to my son Isaac Shobe should not be sufficient to discharge all my Debts, I hereby order that my Executors dispose of as much of my son Isaac's, and my wife Magdalene property as shall discharge all such claims at my Decease ...
... It is my will that my son Samuel Shobe pay to my son Isaac Shobe three hundred dollars out of his share arising from the sale of my land in the follwoing manner, one hundred & fifty dollars out of the second payment and the same sum out of the third payment, and my son Solomon to pay to my son Isaac the same amount, and in the same payments of of the share arising to him from said sale ...
... It is my will that Daniel Shobe son of Jacob Shobe, or my son Samuel Shobe or either of them, draw all the money coming to my son Jacob's children (with the exception of one hundred dollars to be paid to the widow of aid Jacob Shobe deceased) and lay the same out in land where they may think best for the use of said children, and the aforesaid Daniel & Samuel Shobe or either of them divide said land and give to each one his or her just proportion equally - it is by wish if possible that the above be drawn by the aforesaid Daniel & Smauel Shboe out of the fourth payment should said payment be sufficent for that purpose, and if insufficient the balance to be drawn from some other payments.
... It is my will that my Daughter Clory Judy draw fime hundred dollars of what may fall to her in the equal division of the proceeds of my land, and that the balance over and above said sime be distributed equally amongst her children.
... I wish my wife Magalene Shobe to take out her six head and the balance of the cattle sheep and hogs to be divided equall between my two sons Daniel & Isaac as also the balance of moveables not herein mentioned.
... I wish my Executors to take notice of Woods and Greens law-suit, that in the event of any damages being created by said suit, said damages are to be drawn out of the whore and not out of any of my heirs individually.
... I do hereby constiture and appoint Aaron Welton, Jacob Hire, Job Welton, and my son Daniel Shobe Executors of this my last Will and Testament hereby revoking all other or former Will or Testaments, by me heretofore made. In witness whreof I have hereunto set my hand and affixed my seal, the 16th day of June in the year of our Lord, One thousand eight hundred an twenty seven.

Signed, Sealed, Published and declared, by Rudolph Shobe as and for his last will and Testament in the presance & hearing of us, who, at his request and in his presence have subscribed our names as
Witnesses
John Barkdoll
Jonathan Barkdull
R. Burnside

Codicial; To this my last will and Testament as follows.
... I do give and bequeath to my son Isaac Shobe (Nells son) a negro boy named JOSEPH to be his and his heirs, and assigns forever.
Whereas a dispute now exists between my son Daniel Shobe an my son-in-law Michael Algire for the lands Daniel purchased for said Algire ...
... It is my will and I do hereby direct that if my son Daniel Shobe should sustain any damages or loss by any suit conducted by said Algire against him for the lands that the amount of said damages or loss so sustained shall be deducted from the part devised to my last will to said Michael Algire.
In witness hereof I have hereunto set my hand and seal this 23rd day of March in the year 1829

James Gray
John Barkdoll
Jonathan Barkdull

Contributed by: LEELEE114