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Wythe Co LW&T Michael Cormany 1828 p332 _2011_08_03_020 p332 (2)

20200721HAv- pasted from another photo to empty Notes field:
Mich'l Carmeny's Will (written 04.07.1825, executed 18.10.1828):
In the name of God! Amen.
I, Michael Carmeney of the County of Wythe and State of Virginia, being old and weak but of sound mind 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 bequeth the same in manner following.

That is to say:
1. I give and bequeath out of my personal estate unto my beloved wife Catharina her bed, bedstead and furniture and her chest of drawers; and
2. I give and bequeath unto my two sons Peter and Martin Carmeney and to their heirs forever the whole of my plantation, whereon I now live, containing by patent 494 acres to be equally divided among them as to quantity, and in such a manner as to include all of the old buildings and orchard in Peters part, and the buildings and improvements , which Martin is in possession of, in his part, or in other words the West end of the plantation to belong to my son Peter, and the east end to my son Martin.
3. It is my will and I order, that my sons Peter & Martin shall decently maintain my beloved wife Catharina during her natural life, and provide everything needfull and comfortable for her in her old age; and in case they should fail to do so, my wife shall at any time have the right to have her dower in the land laid off, and enjoy the rents and profits thereof.
4. It is my will that my aforenamed two sons Peter & Martin ay each of them one hundred and seventy pounds Virginia money in such mannar as is herein described, to wit fifty Dollars each of them annually in money or trade at cash price, the first payment to commence two years after my death, and to be made to such of my heirs and in such portions as they shall become entitled thereto, because some have already received more or less in advance; to wit: my son George hath received one hundred Dollars; my son Jacob one hundred and seventy Dollars; my son John three hundred Dollars; my son Henry three hundred and Sixty Six Dollars, 66 cents, m daughter Mary Brown one hundred and Sixty and 75 cents. my daughter Catharine Acre two hundred and forty Dollars; my daughter Elizabeth Vance eighty Dollars; and my Daughter Margareth Whetsell thirty Dollars, and my daughter Magdalena Vought one hundred and thirty Dollars; and my daughter Christena Civil hath received nothing; now it is my will, That my aforesaid daughter Christina shall have the first payment of one hundred Dollars and no more; and then those of the heirs shall begin to divide the next payments, which are behind some of the others in the advancements and so go on until they come up with the highest.
5. I give and bequeath unto my son Michael and his heirs for ever all the lands whereon said Michael and his son John liveth, lying on big spring branch, waters of the middle fork of Holston, and supposed to contain four hundred & thirty acres, more or less.
6. It is my will and I order that my son Michael shall pay five hundred Dollars in such manner, and at such time, and to such of the heirs as is herin before directed with respect to the payments to be made by my two sons Peter & Martin.
7. I give and bequeath unto my grandson Adam Kettering fifty Dollars to be raised out of the remainder of my personal estate, and if that shoud not be sufficient, then the balance shall be raised out of the payments to be made by three sons Peter, Martin, & Michl.
8. It is my will that if my son Michl shall not be willing to keep the lands herein bequeathed to him and pay the five hundred Dollars then the land shall be sold to the best advantage, and he shall receive an equal shear (sic) with the rest of my heirs out of the proceeds, excepting my daughter Christina and my grandson Adam, and my son Peter and Martin who are to receive no more than what is herein before specified.

9. It is my will, that my aforenamed son George shall at all events receive out of the payments to be made by my sons three hundred Dollars besides what he has received in advance.
10. And lastly I order that my son Martin shall have the benefit of one moiety of the fruits of the fruits of the orchard on Peter's land, untill (sic) the young orchard planted on his land shall bear and then his interest shall cease.
And I do hereby revoke all other or former wills or Testaments by me heretofore made. In witness whereof, I have hereunto set my hand and seal this fourth day of July one thousand eight hundred & twenty five.
Michl. his X mark Carmeny
Signed, sealed and published as and for the last will and Testament of Michl. Carmeney in presence of us.
John Stanger
Wilhelm Zaird~~

Virginia. At a Court held for Wythe County the 18th day of October 1828. This the last will and testament of Michael Carmeny dec'd was presented in Court and proved by the oaths of John Stanger & William Houch subscribing witnesses thereto and ordered to be recorded. And on the motion of Peter Carmeny administration of the estate of the said Michael Carmeny ded'd with the will annexed is granted him, whereupon he entered into bond with Martin Carmeny & George Whetsell his securities in teh sum of four thousand Dollars conditioned as the law directs and took the oath required by law.
Teste
I.P.Mathews, CC (J.P.Mathews?)

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