Washington Co., Virginia Will Book 11:16-19
William M. Gray will
Dated 18 May 1848; proved 26 June 1848
Transcribed by D. Powell, 1997 from FHL mf# 0034359
(paragraphs added for ease of reading)
I William M. Gray of the county of Washington and State of Virginia being of sound and disposing mind and memory do make and publish this as my last Will and Testament in form following that is to say.
1st I will and direct that all my just debts and funeral expenses shall be first paid
2nd I will and devise to my beloved mother Mary Gray for and during her natural life my plantation on which I am now living and it is my will and desire that my nephew William M. Gray, son of my brother John Gray, shall live with my said mother during her life, and superintend and manage the farm for her and as a remuneration for his services in so doing, after providing a comfortable and ample support and maintenance for my said mother, I desire that the surplus shall go to his own use and benefit. But if from any cause my mother shall become dissatisfied and she and my said nephew cannot live together harmoniously she is at liberty to make any other arrangement for conduction operations of the farm, she may think her comfort requires. It being my will and intention that she shall be comfortably and amply provided for during her life, and at the same time be relieved as far as possible from all anxiety and care about it. I also give and bequeath to my said mother my sorrel horse called John.
3rd At the death of my mother, I will and devise the plantation aforesaid on which I now live, to my said nephew William M. Gray and his heirs forever, and I charge him with the payment of one thousand dollars of the amount I am required by my fathers Will to pay to my brothers and sisters in full for the difference in lands exchanged between my father and myself. the land now devised to my said nephew, being the same that I devised by that exchange. The payment of the one thousand dollars to be made by said nephew in twenty four months after the decease of my mother, in equal portions to those to whom by the will of my father aforesaid I am required to pay the said difference in exchange of lands.
4th It is my Will and desire that the tract of land which my brother Emmitt Gray now lives shall be rented out by my executor hereinafter named, from year to year, until the lease which Daniel Richards has on a part thereof, shall expire. My said executors exercising proper discretion in preserving said land from a deterioration in value from the want of proper cultivation and necessary repairs, And after the expiration of the lease aforesaid, my will is, and I so direct, that my executor shall sell the said tract of land, either at public auction or privately, as in his discretion he may think best, and out of the proceeds thereof I desire that my nephew William Snoddy son of my sister Jane shall have $200.00 my nephew William Sandoe son of my sister Rebecca a like sum of $200.00 my nephew William Carmack son of my sister Hannah Carmack a like sum of $200.00 and my nephew William Gray son of my brother Robert Emmitt a like sum of $200.00
5th I give and devise to my brother John Gray all the mountain land which I may own in the state of Tennessee at my death to him and his heirs forever.
6th I give an bequeath to my nephew John C. Gray, son of my brother John, my negro girl Hannah. And to my sister in law Rhoda Gray wife of my brother Emmitt I give and bequeath a cupboard which is now in their possession.
7th I desire that all the grain and bacon on hand at my death, all the growing crop, and enough of my stock of hogs to make 2,000lbs of pork when slaughtered, shall be retained upon the farm where I live for the use of the family, it being my wish that my mother and family shall have a full years provision in grain and meat to start with. It is also my wish and desire that three breeding sows, all the sheep, two large ploughs, two shovel ploughs and all my household furniture, except a bureau which I give to my niece Ellen James, shall be retained upon the farm for the use thereof. And at my mothers death I will and direct that the property named in this clause or such of it as may remain at that time, shall pass with the land and go to my nephew William M. Gray to whom I have given said land after the determination of the life estate devised to my mother therein.
8th All the balance of my estate not herein particularly disposed of I desire shall be sold and the proceeds thereof and also all my estate not herein otherwise disposed of shall be divided equally amongst my brothers and sisters now living.
9th I direct that Elanah Conly, the little boy who lives with me, shall be sent to school for two years, so as such schooling shall not exceed the sum of twenty five dollars for the whole time.
10th The balance of the amount required by my father’s Will to be paid by me to my brothers and sisters after deducting the sum of $1,000 herein before directed to be paid by my nephew William Gray, I will and direct to be paid out of the proceeds of the sale of the land on which my brother Emmitt lives after paying these out the legacies in the fourth clause hereof.
11th I give and bequeath my rifle gun and fixtures [?] to my brother Robert Emmitt Gray.
Lastly I do hereby constitute and appoint my friend and relation James L Davis my sole executor to this my last Will and Testament, with full power and authority to make title to the purchases of the land herein directed to be sold by my execution. Hereby revoking all former Will by me at any time heretofore made. In Witness whereof I have hereunto set my hand and affixed my seal this 18th day of May 1848.
Signed published and declared
as the last Will of Wm M. Gray Wm M. Gray
in our presence
Connally F. Trigg, Francis Preston
Edward M. Campbell, Moses L. Gray
At a court held for Washington county the 26th day of June 1848
The last Will and Testament of William M Gray deceased was exhibited in court and proved by the oath of Connally F Trigg and Francis Preston two of the subscribing witnesses there to and ordered to be recorded. And on the motion of James L Davis the executor therein named who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of ten thousand dollars with William M Gray, John Gray, Samuel W Montgomery Michael W Weathers Archimides Davis and Robert E Gray his security conditioned as the law directs. A Certificate is therefore granted him for the probate of the said Will in due form.
Teste
Jacob Lynch CC