Marshal County, WV Wills




    WILL of EBENEZER ZANE WILL Dated Aug. 3, 1811 Will Book No. 2, page 21, Ohio County records.I, Ebenezer Zane, being of sound mind and memory, do hereby make and ordain this my last will and testament, as followeth, to wit: 4th. I give and devise to my sons, Noah, Samuel, and Daniel, and their Heirs forever all my land in Wood County, Virginia, as also all my land on the waters of Grave Creek and Wheeling Creek in the County of Ohio. 11th. I appoint my wife, Elizabeth, and my sons, Noah, Samuel, and Daniel, Executrix and Executors of this my last will and testament, hereby annulling and revoking all other wills heretofore made by me. 13th. In case of any of the persons to whom real or personal estate is devised by this my last will and testament should die before my death, I will direct that the legacy or devise given to such person by this my last will shall descend and go to the person or persons who may be the legal heirs and representatives of such deceased person at the time of my death. In testimony whereof I have hereunto set my hand and affixed my seal this third day of August, in the year of our Lord, one thousand eight hundred and eleven. EBENEZER ZANE [SEAL] Signed, sealed, published, and declared by Ebenezer Zane, as his last will and testament in the presence of us. JOHN CARR, BENJAMIN McMECHEN, JOHN McCOLLOCK Note: A codicil here appears which does not affect the 500 acres. The following land title shows transfer of land in the community in 1832. "This indenture made the twenty-fifth day of October in the year of our Lord one thousand eight hundred and thirty-two, between Abraham Vanhoy of the city of Philadelphia, in the state of Pennsylvania, M.D. and Sarah Ann, his wife, of the one part, and Jonathan Zane of the city of Wheeling, county of Ohio, and state of Virginia, M.D., of the other part. WHEREAS: by virtue and in consideration of land office Preemption WARRANT number two thousand one hundred and seventy and issued the first day of July, one thousand seven hundred and eighty-two, there was granted by Letters patent dated Dec. 28, 1784, by the Commonwealth of Virginia and executed by the Governor thereof, and duly recorded unto John Zane a certain tract or parcel of land CONTAINING four hundred acres by survey bearing date, Dec. 9, 1783, lying and being in the vicinity of Ohio, aforesaid, situated on the waters of Grave Creek and Wheeling Creek and bounded as follows: beginning at two walnuts and a poplar on the top of a ridge corner to Isaac Zane, thence north forty degrees East two hundred and forty-four poles to a sugar tree in the head of a hollow, etc. Whereas, the said John Zane being so there of seized and died interstate leaving issue two children, to-wit: the said Sarah Ann [intermarried with the said A. Vanhoy] party hereto and John Zane whereby the same descended to and became vested in the said Sarah Ann and John Zane agreeably to the interstate laws of the said Commonwealth of Virginia. NOW THIS INDENTURE WITNESSETH that the said Abraham Vanhoy and Sarah Ann, his wife, for and inconsideration of the sum of Four Hundred and Eight Dollars lawful money of the United States of America unto them in hand by the said Jonathan Zane will and truly paid at end before the sealing and delivery hereof the reciept whereof is hereby acknowledged have granted, bargained, sold, conveyed, and confirmed and by these presents do grant, bargain, sell, convey, and confirm unto the said Jonathan Zane, his Heirs and assigns forever one full equal and undivided moiety or clear half part of, in, and to, the above described tract or parcel of land with its appurtenances and all the estate, right, title, interest, property, claim, and demands whatsoever of them. The said Abraham Vanhoy and Sarah Ann, his wife or either of them either at Law or in Equity of, in, and to, the same TO HAVE AND TO HOLD all the one full equal and undivided moiety or clear half part of the above described tract or parcel of land hereby granted unto the said Jonathan Zane, his heirs, and assigns against the said Abraham Vanhoy, and Sarah Ann, his wife, and against all and every other person or persons whomsoever lawfully claiming to claim the same or any part thereof by, from, or under him, them, or any of them, shall and WILL WARRANT and forever defend. IN WITNESS whereof the said parties have hereunto set their handsand seals. Dated this day and year first herein written. A. VANHOY [SEAL] SARAH ANN VANHOY [SEAL] City of Philadelphia, State of Penn. Acknowledged Oct. 25, 1832, A.D. Geo. Bartram] John Bevins] J.P.On the back of this deed we find the following: Ohio County, to-wit: Admitted to record Deed Book 17, Folios 47687, County of Ohio, State of Virginia, Dec. 26, 1832. Teste. Jno. McColloch, Clerk Abraham Vanhoy and wife to Jonathan Zane. This title included parts of the farms now owned by W.P. Wisman, C.H. Gray, Elbert Francis, M.C. Koontz, J.D. Coffield, W.O. Aston, and A.R. Hicks, and possibly others. Another land title gives the following: October 7, 1831, John Zane of the Township of Germantown, County of Philadelphia, and Maria Antoinette, his wife, conveyed 400 acres of land situated on the waters of Grave and Wheeling creeks to Jonathan Zane of the Borough of Wheeling, County of Ohio, and State of Virginia for the sum of $600. Witnessed by Jedidiah Stone and G.B. Strong. A title dated November 4, 1843, states that John Criswell and Rebecca, his wife, sold and conveyed 34 1/2 acres of land Benjamin Hill for the sum of $276, in the County of Marshall, and state of Virginia. We can readily learn from these land titles how permanent the settlements were in this community by 1831-32. Benjamin Hill was one of the prominent early settlers and his cabin was near where Elbert Francis' house now stands. He was born in Ireland and migrated to America, and settled in Wheeling in 1818. He settled in this community in 1833. The following is a copy of naturalization papers. MARSHALL COUNTY COURT, AUGUST TERM, 1834. Benjamin Hill, a native of Ireland this day applied to the court to be admitted to become a citizen of the United States, whereupon the said Benjamin Hill exhibited a copy of the record of Marshall County Court, showing that he arrived in the United States more than five years previous to the date hereof and that more than two years ago he had declared on oath in the said court his intention to become a citizen of the United States. Which record is in these words: Marshall County Court, May term, 1840. Benjamin Hill, a native of Ireland, who has lately arrived in the United States and is desirious of being naturalized a citizen thereof, this day appeared in court and in pursuance of the act of Congress made a report of himself which report is in the following words, to-wit: "I, Benjamin Hill, make the following report of myself to the County Court of Marshall County in the State of Virginia that is to say, I was born in Ireland in the County Devy on December 25, 1798, being now in the forty-second year of my age; that in the month of April in the year 1817 I removed to the United States, and in 1817 settled in Virginia where I have resided for the last 21 years in the County of Ohio and Marshall; that I was a subject of Victoria Queen of Great Britian and Ireland and owe allegiance to that Monarch and none other. And I intend to remain in the State of Virginia, one of the United States, and to become a citizen thereof. Given under my hand this 18th day of May, 1840. Benjamin Hill. And thereupon the said Benjamin Hill this day declared on oath that it is his bona fide intention to become a citizen of the United States and to renounce forever all allegiance and fidelity to any foreign Prince, Potentate, State, or Sovereignty, whatever and particularly to Victoria, Queen of the United Kingdom of Great Britian and Ireland, and it being proved to the satisfaction of the court by the testimony of John Parriott and Walter Gray, citizens of the United States, who were examined as witnesses on oath that since the arrival of the said Benjamin Hill, as aforesaid, he has resided within the United States five years, at least, and within the state one year, at least, and during that time has behaved as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the good order and happenings of the same. He, the said Benjamin Hill, declared an oath in open Court that he will support the Constitution of the United States and that he doth absolutely and entirely renounce and reject all allegiance and fidelity to every foreign Prince, Potentate, State or Sovereignty whatever and particularly to Victoria, Queen of the United Kingdom of Great Britian and Ireland and thereupon the said Benjamin Hill is admitted a citizen of the said United States. A teste: JAMES D. MORRIS, Clerk. *******************

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