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Re: John Tarter, Pulaski Co., KY
Posted by: Lawrence Dillard Date: February 17, 2002 at 13:32:05
In Reply to: Re: John Tarter, Pulaski Co., KY by Clint Joyce of 528

Hey Clint. here is Balzar DARTER's Will

The Will of Balzar Darter Will Book 1 Page 149 and 150
In the name of God Amen Six Tenth day of February in the year of our lord one thousand eight hundred I Balzar Darter of Wythe County and State of Virginia being at present very sick and weak in body but of sound and disposing mind and memory and understanding thanks be to God, calling untomind the mortality of my body and knowing that it appointed unto all men once to die do make and ordain this my last will and testament that is to say principally and first of all I recommend my soul into the hands of God who gave it. and my body to the earth to be buried in a Christian like and decent manner, and as touching my worldly estate, wherewith it hath pleased God to bless me in this life. I give and devise and dispose of the same in the following manner and form: 1st, It is my will and I do order, that all my just debts and funeral expenses be paid; 2nd It is my will and I do hearby order that my wife Magdalena and my three youngest sons Frederick, Christian and Daniel shall live together on my land on the waters of Cripple Creek, until my youngest son Daniel be of age and then it is my will that the said lands shall be equally divided into three parts, one third part thereof with the mansion house shall be for the possession of my wife; the two other partsmoieties, or thirts shall be equally divided amongst my three afore mentioned Sons, and in case that one of them become able to purchase the share of the others it is (3rd) my will and I do ordain that my three above named sons shall elect and choose three fit and honest free elders of who shall appraise and value the said land and according to the valuation he shall pay to the other brothers. 4th It is my will and I do order; that the Thirth part of the land which my Wife shall be in possession during her life, shall after her decease also go in equal division to my aforementioned three sons, and according to the appraisement and valuation of the the three men the one who shall purchase the others part shall pay to the other brothers. 5th It is my will and I do order out of the money upon hand and due to me from others, first and foremost my brother Hammikel shall pay the fees due to the loyal company. 6th It is my will and I do order that all my personal estate be and remain in the hands of my wife and three sons aforementioned without making sale after my decease, to be equally divided in three parts as soon as the youngest is of age, one third to go to my wife and the two other thirds in equal shares to my thrice first mentioned sons. 7th It is my will and I do order that after my discease all the increase of my livestock until the time my youngest son come of age shall be equally divided between my wife and my youngest son Daniel; and then the remainder of the old stock to be divided as mentioned afore. 8th It is my will and I order that my three sons above mentioned shall as soon as the youngest of age, and the division of the personal estate taketh place from their shares pay to my Daughter Margaret five pounds together and to my Daughter Catherine the like sum, together or jointly. 9th and lastly I do hereby nominate and appoint my beloved wife Magdalene and my friend John Stanger to be executors of this my last will and testament; hereby revoking dis annulling and making void all former wills heretofore by me made, ratifying this and no other to be my last will and testament in witness whereof I have hereunto set my hand and seal the day and year first above written.
Pronounced and delivered by the said Testator as his last will and testament in the presence of
Peter Spangler
Peter Wisely
Samuel Rapass
Balzar X Darter his mark
At a court held for the county of Wythe on the 11th day of March 1800. This last will and Testament of Balzar Darter deceased was executed in Court and proven by the oaths of Peter Spangler, Peter Wisely and Samuel Rapass the witness thereto and ordered to be recorded.
       Teste R Crockett (Sig)

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