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The Last Will & Testament of Jacob Sowers Jr.

See Jacob Jr.'s family record.

          I Jacob Sowers of the corporation of Winchester in the county of Frederick and commonwealth of Virginia being in healty of body and of sound and perfect mind and memory thanks be to Almighty God for the same and calling to mind the mortality of my body and that it is appointed for all men once to die do make and ordain this my last will and testament.

          Principally and first of all I command my soul to God who gave it and my body to the earth to be buried in a Christian like manner at the discretion of my executors.

          And as to such worldly estate as it hath pleased God to bless me with I give devise and bequeath the same in manner following.

          First I direct that the sum of three thousand three hundred and thirty three dollars and thirty three cents and one third of a cent of the monies belonging to me be kept at interest during the natural life of my son Colston Sowers which will raise the sum of two hundred dollars annually which I direct to be applied or so much there of as necessary to the support and maintenance of my said son Colston Sowers during his natural life and my said son Colston Sowers shall also have the use of my best bed and furniture during his natural life and in consequence of the weakness of mind of my said son Colston Sowers which renders him incapable of acting and managing for himself, I do hereby appoint my son in law Lewis Hoff trustee for him and do authorize him the said Lewis Hoff to take charge of the fund hereby provided for his support and apply the same according to true & meaning of this my will and I direct that my said son Colston Sowers shall not be removed from Winchester or its vicinity and he reside with such persons as he shall choose.

          Second, I give devise and bequeath unto my son in law James Glass my negro man slave named Roger.

          Third, I give unto my negro slaves Titus and Dinah their freedom in consideration of meritorious services done and performed by them for me.

          Fourth, If I should die without having made conveyances for any lands I have sold I do hereby authorize my executors or such of them as shall act as such to make such conveyances as effectually to all intents and purposes as I could do while living.

          Fifth, All the rest and residue of my estate of whatever description it may be including the before mentioned sum of three thousand three hundred and thirty three dollars and thirty three cents and one third of a cent and any of the annual interest of which may be remaining appropriated to the use of my son Colston Sowers in his lifetime and the said bed and furniture after the death of my said son Colston Sowers. I give devise and bequeath unto my well beloved son John C. Sowers and my well beloved daughters Ann Heiskell, Elizabeth Glass and Sidney Parkins my son in law Lewis Hoff and the three children of my deceased daughter Mary Waller (to wit: Evelina Stubbefield, Emily Waller and Edwin Waller) to be divided into six equal parts, one of which parts my said son John C. Sowers is to have and my daughters Ann Heiskell, Elizabeth Glass and Sidney Parkins to have one share each, the said Lewis Hoff one share and my said three grand children the other share to be equally divided among the three and if any of the said legatees shall die before me the shares bequeathed to them shall pass to the children or other legal representatives of such legatee and I do direct that such division take place as soon as convenient after my decease except as the part to be divided after the death of my son Colston Sowers and that as soon as convenient after his decease and the division first to be made I do direct that the sum of three hundred and thirty three dollars is to be deducted from the shares of my daughter Ann Heiskell which sum her husband has already recieved viz four hundred dollars from the shares of my said three grandchildren which sum has been advanced to their father William Waller and three hundred dollars from the shares of my said daughter Elizabeth Glass which sum has been advanced to James Glass her husband with these exceptions the said six shares are to be equal.

          Sixth Every Bequest here in contained is to vest in the devise the largest possible estate the subject is capable of except where otherwise limited by express words.

          Lastly, I do hereby nominate constitute and appoint my sons in law Lewis Hoff and James Glass executors of this last will and testament hereby revoking all other wills and testaments by me heretofore made and I do direct that no security shall be required of my executors by only their own bonds. I do further declare it to be my will that nothing here in contained is to effect in any manner such gifts as I have made before or may hereafter make to any of my said legatees by .....? or otherwise such gifts being made known to my children and also mentioned in a memorandum signed by me not made part of this my will. In witness whereof I have hereunto set my hand and seal this twentieth day of April 1822.

Jacob Sowers

          Signed, sealed published pronounced and declared by the testator as and for his last will and testament in presence of us, who in his presence and at his request have subscribed our names as witnesses

Obed Waite
Daniel Lee

Memo:
          Whereas Thomas Colston by his will did leave a legacy of five hundred dollars to my son Colston Sowers which legacy I have recieved and have placed the amount in the hands of Lewis Hoff and hold his obligation for it, and have recieved the interest and applied it to the use of my said son Colston Sowers and shall continue to do so while I live. Now this memorandum is made to prevent any misunderstanding as to the said five hundred dollars which is not my property but the property of my said son Colston Sowers and it is my desire that the said Lewis Hoff shall hold the same and apply it to the use of my said son Colston Sowers as also the interest there of this writing to be taken as a codicil to my will written on this same as sheet of paper bearing date the 20th day of April 1822. Witness my hand and seal this 16th day of Jul 1822.

Jacob Sowers

Teste: Obed Waite

          At a court held for Frederick County the 2nd day of September 1822 This Last will and Testament of Jacob Sowers deceased and the codicil thereto was proved by the oath of Obed Waite a witness thereto. And on the motion of Lewis Hoff and James Glass the executors therein named who made oath according to law certificate is granted them for obtaining a probate thereof in due form on their entering into bond without security agreeable to the will. Where upon my severally entered into and acknowledge bonds in the penalty of twenty five thousand dollars each conditioned for them due and faithful administration of the said deceaced estate. And at a court held for the county aforesaid the 4th day of November in the year aforesaid the will aforesaid was further proved by the oath of Daniel Lee as witness.

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