Person:Rudolph Schaub (2)

In the name of God amen, I Rudolph Shobe of the county of Hardy State of Virginia being weak of body but of sound and disposing memory (for which I thank God) in 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 (illegible) I give and bequeath the same in manner following, that is to say, I give and bequeath to my beloved partner Magdalene Shobe all the land I purchased of Christopher Strother during her natural life and no longer, and also one negro boy named Joseph her life time and two negro girls, Lucy and Nelly; three head of horses of her own choice, three cows of her own choice, three heifers of her own choice, and also all my household and kitchen furniture, two pair of gees, one big plow, one shovel plough, one loom & tackling belonging thereto, all the above bequest except the land and negro Joseph to be disposed of by her as she may think best.

Item I give and bequeath to my son Isaac Shobe, one negro boy Joseph after the death of my wife, and also one negro boy named Willie as Also the use [...] For five years from the date hereof; the two negro boys Levi and Henry hereinafter bequeathed to my sons Solomon & Samuel, also one 8 day clock, he the said Isaac paying to his brother Daniel the sum of thirty dollars on account said clock, also one sett of blacksmiths tools two wagons and gear, one wind mill and all my livestock (except the three in the devise to my wife) for which he must pay to my executor hereafter named part on the south side of said Creek with the exception of a five acre lot. (illegible) it is, likewise to understood that in the event of my son Daniel leaving this country, only a part of said Landers place, which we shall hereafter mention, will be for the use and benefit of said Daniel -- namely, from the Moorefield road up the creek to Fishers line, and with Fishers line to the Moorefield road again -- should Daniel remain at home he is to have the part first above mentioned, only with the exception of the five acre lot which is to be for the use and benefit of Isaac.

My son Isaac to have the remainder of said Landers land on the north side of said creek, and in the event of Daniel's going away the balance on the south side, with the exception of the part above mentioned which Daniel is to retain namely, from the Morefield &c. The above to be for their use and benefit for the term of six years, to commence after my decease, and at the end of said term they are to leave it in good repair not destroying the crop(?) fences which are now standing, but keeping them in good order, in failure of which to pay such damages as my executors shall determine, they being the judges; -- and to pay all manor rents and taxes on the same during the time they have it in possession.--

It is my will after my sons Daniel and Isaac's six years, shall have expired that my executors hereafter named, sell at public or private sale as they may think best all my lands, and make titl to the purchaser or purchasers, with the following exception, viz -- provided the whole be sold at once no possession to be given of that part in the devise retained for my wife Magdalene Shobe, untill after her decease, and payment for said part only to be made when put in possession of the same.

From the monies arising from the sale of my lands it is my will that one thousand dollars, from the first payment be paid, one half to my son Daniel, and the other half to my son Isaac Shobe, and the balance to be equally divided amongst all my children, namely Daniel Shobe, Jacob Shobe's heirs, Solomon Shobe, Samuel Shobe, Isaac Shobe, Elizabeth Shobe now Alkire, Mary Shobe now Judy, Clory Shobe now Judy.--

In case the hundred dollars I have left to my son Isaac Shobe should not be sufficient to discharge all my debts, I hereby order that my executors dispose of as much of my son Isaacs & of my wife Magdalenes property as shall discharge all such claims at my decease, --

It is my will that my son Samuel Shobe pay to my son Isaac Shobe three hundred dollars out of his share arising from the sales of my land in the following manner, one hundred fifty dollars out of the second payment and the same sum out of the third payment and my son Solomon to pay to my son Isaac the same amount and in the same payments out of the shares arising to him from said sales.

It is my will that Daniel Shobe son of Jacob Shobe, or my son Samuel Shobe or either of them, draw all the money coming to my son Jacobs children, (with the exception one hundred dollars to be paid to the widow of said Jacob Shobe deceased) and pay the same out in land where they may think best for the use of said children, and the aforesaid Daniel & Samuel Shobe or either of them divide said land and give to each one his or her just proportion equally, it is my wish if possible that the above be drawn by the aforesaid Danl & Samuel Shobe out of the fourth payment should said payment be sufficient for that purpose, and if insufficient the balance to be drawn from some other payments.

It is my will that my daughter Clory Judy draw five hundred dollars of what may fall to her in the equal division of the proceeds of my land, and that the balance over and above said sum be distributed equally amongst her children.

I wish my wife Magdalene Shobe to take out her six heads and the balance of the cattle sheep and hogs to be divided equally between my sons Daniel and Isaac, as also the balance of moveables not herein mentioned.

I wish my executors to take notice of Woods and Greers law-suit, that in the event of any damages being created by said suit, said damages are to be drawn out of the whole and not out of any of my heirs individually.

I do hereby constitute and appoint Aaron Welton, Jacob Hire, Job Welton and my son Daniel Shobe, executors of this my last will and testament, hereby revoking all other or former wills or testaments by me heretofore made.

In witness whereof I have hereunto set my hand and affixed my seal, this 16th day of June in the year of our Lord One thousand eight hundred and twenty seven.

Signed, sealed, published His and [...] Mark

By Rudolph Rudolph R Shobe (SEAL)

Shobe as [...] For his last will and Testament, in the presence and hearing of us, who, at his request[...] And in his, presence have subscribed our names as witnesses

John Barkdoll

Jonathan Barkdoll

R. Barryside

Codicil: To t his my last will and Testament as follows I do give and bequeath to my son Isaac Shobe [...] A negro boy named Joseph to be his and his heirs and assigns forever.

Whereas a dispute now exists between my son Daniel Shobe and my son-in-law Michael Algire for the lands Daniel purchased for said Algire --

It is my will and I do hereby direct that if my son Daniel Shobe should sustain any damage or loss by any suit conducted by said Algire against him for the lands then the amont of said damage of loss so sustained shall be deducted from the part devised in my last will to said Michael Algire. In which hereof I have hereunto set my hand and seal this 23 of March in the year 1829

His Rudolph RS Shobe (seal)

James Gray

John Borkdoll Jonathan Barkdoll Mark

At a court held for hardy county the 12th day of May 1829.

This last will and testament of Rudolph Shobe decd was presented in court and together with the codicil thereto annexed proved (each) by the oaths of John Barkdoll and Jonathan Barkdoll two of the witnesses thereto and ordered to be recorded.

Teste.

Ed.Williams

And at a court held for said County the 18 day of February 1834

On the motion of John Welton, one of the executors therein who made oath according to law a certificate is granted him for obtaining a probate thereof in due form on entering into bond with security whereupon he with security entered into and acknowledged bond conditions as the law directs.

Teste: Jos Carr Gamble

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