Transcription: Will of Thomas Warden


Thomas Warden is my 5th great grandfather, following is a transcription of his will located in the West Virginia Will Books on FamilySearch.1

Will of Thomas Warden

Will of Thomas Warden via FamilySearch

Last Will and Testament of Thomas Warden

In the name of God, Amen.
I, Thomas Warden being of sound
mind and memory do make and publish this my last will
and testament.
First
My will is that all my just debts and funeral expenses
shall by my executors hereinafter be named be paid out of my
estate as soon after my decease as shall by them be found convenient.
Item.
I give devise and bequeath to my dear wife Martha all my
household furniture, and my other personal property and effects.
After the payment of my debts and funeral expenses aforesaid
I further give and bequeath to my said wife one third of all my
real estate to be taken by her wherever she may select the same
and the balance of my estate less the following bequests to my
children hereinafter named and as hereinafter described to be
disposed of by her as she may desire.
Item.
I give and bequeath to my daughter Nancy J. Carper, two
hundred acres of land, part of which adjoins the lands of John
Warden and others, and the balance adjoining the lands of Mary Jane
Greer, Wm. McCreery + others it being the same land on which the said
Nancy now resides.
Item.
I give and bequeath to my daughter Martha Jane Greer
fifty acres of land the same on which she now resides by her
paying the taxes on same from the 1st of January 1866.
Item.
I give and bequeath to my grandsons Milton + Everet
Curtis one hundred acres of land adjoining the lands of Ed-
win Prince + others, this being their mothers portion by their
paying the taxes on same from the 1st of January 1866.
Item.
I give and bequeath to my daughter Emily Williams
one hundred acres of land adjoining the lands of James
Francis + others, by her paying the taxes on same from
the 1st of January 1866.
Item.
I give and bequeath to my son William Warden
one hundred acres of land around and adjoining
the land of which he purchased of William Black.
Item.
I give and bequeath to the children and heirs of
my son David J. Warden one hundred + fifty acres
of land commencing at the ditch of adjoining the land
of William McCreery thence by the spring used by my
family to James Francis live so as to include one
hundred + fifty acres and my son David J. Warden
shall have the right and power to make an exchange of the said 150 acres
of land with my son William if they agree to do so and for that purpose
alone. I hereby invest him with the legal title to enable him to make
a deed to said William and the said William to convey the land
they may exchange to the children, and heirs of aforesaid.
Item.
I give and bequeath to my son David J. Warden the farm
on sand branch for the purpose of carrying on the suit against
Susan Baldenburg + others and paying all costs in the case.
And I Do hereby nominate and appoint Amos Bailey
+ Anderson Stover to be executors of my last will and testament.
In witness whereof I the said testator Thomas Warden have
have to this my last will and testament, set my hand and seal this
20th day of January 1881.

Thomas Warden   seal

Signed sealed published and declared by the said Thomas
Warden as and for his last will and testament in the presence of
us, who at his request and in his presence and in the presence of
each other have subscribed our names as witnesses hereto.

William McCreery
James Francis
Mary A. Stover


  1. “West Virginia Will Books, 1756-1971,” Database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18262-45386-37?cc=1909099 : accessed 20 June 2015), Raleigh > Will book, v. 001 1850-1914 > image 49 of 272; county courthouses, West Virginia. 

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About Terri

Terri O’Connell is a professional genealogist in the Chicago area, focusing on Midwestern United States Genealogy, with a main focus in Illinois and a special interest in Irish research. She is also the owner of Cruise Planners – O’Connell Cruise and Travel, a full service travel company. Their mission is to encompass the full family: vacations, reunions, and history travel. Terri is a travel enthusiast with a passion for genealogy and enjoys bringing the two together to assist her clients in their travel needs. You can find Terri online at www.facebook.com/cruiseplannersoconnell, www.facebook.com/tracingmyfamily. Terri is the Executive Director of The In-Depth Genealogist, www.theindepthgenealogist.com.

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