James, Robert and Mathew Buchanan wrote identical wills, each leaving their portion of their shared estate to whichever of their brother(s) were still living. All three wills named the same executor, were witnessed by the same people and were signed on 12 Jan. 1871. The estate was not probated until James, the last surviving brother, died in 1876
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Washington Co. Virginia Will Book 18, p. 80-81
Mathew Buchanan’s will was produced in court the [?]8th day of Oct. 1872
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Washington Co. Virginia Will Book 18, p. 159-60
Robert Buchanan’s will was produced in court the 24th day of Nov. 1873
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Washington Co. Virginia Will Book 19, p. 105-06
abstracted by Diana Powell, May 1998
I James Buchanan of the county of Washington, state of Virginia…
- desire to be decently buried and funeral expenses and just debts to be paid
- to my two brothers Mathew and Robert Buchanan and to the survivor for life all my estate real and personal to be held and enjoyed by them jointly during their lives and by the survivor until his death. At my death or at the death of the survivor I direct that the real estate and any personal property remaining shall be sold and the proceeds disposed of as follows:
- nieces Mrs. Sally Page, Miss Jane Buchanan and Miss Susan F.C. Buchanan each to be paid $1,000 out of the monies first received from the sale, with interest from the time when the first sale money falls due, provided however that should either of my said nieces remove from the premises or cease her attentions to myself or to my two brothers after my death, or to the survivor of them, then she will receive ˝ of the sum.
- to John B. Reddicks $200 to be paid first after the legacies to nieces with 6% interest per an from the time the first payment out of which it can be paid of the property herein before directed to be sold falls due provided he remains with me and my brothers Mathew and Robert till the death of the last survivor of us and continues his attentions to us as he has done to this time. If ceases attentions he is to receive $100.
- after my death should I survive my two brothers or at the death of the survivor of them should they or either of them survive me I wish my executor then to sell the property and distribute the proceeds, after paying the special legacies above mentioned, equally among my heirs including my said 3 nieces (that is, after payment of legacies the residue is to be distributed as if I had died intestate).
his
- executor, my friend Benjamin K. Buchanan James X Buchanan mark
signed 12 Jan 1871 and witnessed by Isaac Miller and David Clark
produced in court 26 June 1876 and proved by oaths of Isaac Miller and David B. Clark. B.K. Buchanan took oath of administrator. Bond in the amt of $12,000 with M.H. Buchanan, David B. Clark, Jack Buchanan, Isaac Miller and George Graham security.
Teste Wm G.G. Lowry C.C.