BaumWills

BAUMGARDNER - WILLS

On these wills I have left spelling as it appears.

VIRGINIA

WYTHE COUNTY

John BAUMGARDNER
Wythe County, VA... Will Book 8, page 99

In the Name of God Amen
I John BAUMGARDNER of the County of Wythe and state of Virginia knowing the certainty of death and uncertainy of life being of sound mind and disparing memory do this my last will and Testament revoking all others in the form to wit}
My will is that my funeral expences and first debts to be paid first.
In the second place my will is that in the space of six months after my departing for my land to be sold privetly or publicatly to the highest bidder on my expecers mercy.
Think proper } in three payments one half of the purchase money to be paid down and it and the personal property to be appropriated to my land for the support of my good and faithful wife and family and at her deth to fall to my legal heirs But if she should enter mary. She is to receive five hundred dollars as her portion of the estate the other payments to be in six and twelve months out of which Robison Harkanddie is to receive his portion of legacy from his fathers estate of which I as his agent have in hands and the remainder to equaly to the children of my First wife but deducting from George funeral and Jacob and John Baumgardner fifty dollars a piece It is also my will that the children of my last wife receive an equal portions with those of my first wife. Like wise I make constitute and appoint my son Laurence K Baumgardner and my Father in law John Umberger to be executors of this my last will and testament hereby revoking all former wills by me made.
In writings whereof I have hereinto subscribed my name and affixed my seal the twelfth day of August in the year of our lord one thousand eight hundred and fifty three
Enter signed before witnesses
Signed: John Baumgardner {seal}
Wm Hufferd
Guy Sharitz

Virginia... At a Court held for Wythe County at the Courthouse on Monday the 12th Sept 1853
This the last will and testament of John Bumgardner dec was presented in Court proved by the oathes of William Hufferd and Guy Sharitz the subscribing witnesses there to and ordered to be recorded and Lawrence K. Bumgardner and John Umbarger the exectors named in said will appeared in court and refused to take the burden of the execution there of and Malinda Bumgardner the widow here in court refused her right to administration executer estate Thereupon our writtin of Haywood H Halbrook who took the oath required by law and together with David Sexton & Hugh Spence his securities entered into and acknowledged above in the penalty of sixteen thousand dollars constituted as the law directs certificate is granted him for obtaining letters of administration on the estate of said John Baumgardner decd with said will anexed in due form.
Teste.
J. P. Mathews, Clerk.

Mary Magdalane BAUMGARDNER
Wythe County, Virginia
Will Book 6, pg 73-74, dated 24 day July 1833.

In the name of God amen. I Mary Magdaline BAUMGARDNER of the County of Wythe State of VA knowing the certainty of death and uncertainty of life, being desirous of settling my worthly affairs, and being of sound mind and desposing memory, do make this my last will & testament revoking all others - in the form following to wit, To my son John Baumgardner I bequeath the sum of two hundred and twenty dollars and my bed & bedsteads with the two blankets & bed spreads - To my daughter Elizabeth Hertzog I bequeath one bed quilt, two coverlets & two steads, with one half of all my wearing apparel - To my daughter Mary Sharrols I bequeath one bed quilt two coverlets & two steads with the other half of my wearing apparel - My son Jacob Baumgardner on whom I have a note of one hundred dollars it is my request & will that he will pay his sister Sarah Harkarader the sum of twenty five dollars, and to his brother Phillip Baumgardner the sum of twelve dollars & fifty cents the remaining fifty dollars keeping to himself. And all the rest and residue of whatever property or money I may have at the time of my decease to be equally divided between my three daughters Barbara Baumgardner, Elizabeth Hertzog & Mary Sharrots & my two sons Peter & Henry Baumgardner or their heirs. And it is my request that my son John Baumgardner be the executor of this my last will & testament. Witness my hand and seal this twenty fourth day of July in the year of Lord on thousand eight hundred & thirty three.
Signed: Mary Magdalana (her X mark) Baumgardner {seal}
Signed in the presences of
Thomas Warner
W. Graham
H. W. Seagle

Virginia: At a Court contained and held for Wythe County at the Courthouse on Tuesday 15 August 1843.
This writing purporting to be the last will and testament of Mary Magdalane Baumgardner Decd was presented in Court, and it appearing to the satisfaction of the Court from the testimony of witnesses sworn that Thomas Warner and W. Graham whose names appears to the said writing as subscribing witnesses, have reserved from this Commonwealth and that the signatures of the said Warner & Graham are in their proper hand writing and it appearing to the Court that Henry W. Seagle the other subscribing witnesses whose signature was also proved hath departed this life. on consideration whereof it is considered by the Court and accordingly ordered that the said writing be admitted to record as the last will & testament of the said Mary Magdalane Baumgardner Decd.
Whereupon on motion of John Baumgardner the Executor named in the said Will who entered into bond with Thomas J. Boyd has Security in the sum of one thousand dollars conditioned as the Law directs and took the oath required by Law, certificate is granted him for obtaining probate of the said will in decd form.
Teste
J. P Mathews, CC.