Washington Co., Virginia Will Book 10:99
William Gray Sr. will
Dated 5 May 1846; recorded 25 May 1846
Transcribed 1998 by D. Powell from FHL mf# 0034359
(paragraphs added for ease of reading)
I William Gray sen’r of the County of Washington and state of Virginia, being of sound and disposing mind and memory, but weak in body, do make and publish this as my last Will and Testament.
First. I Will and direct that all my just debts and funeral expenses be punctually paid.
Second. I Will and bequeath to my beloved wife for and during her natural life, my negro woman Delphia, negro girl [E]elina and my negro boy Frank - her choice of one of my horses, two cows, and as many of my sheep and hogs as she may wish to keep, and such of my household and kitchen furniture as she may choose.
Third. Having this day made an exchange of land with my son William M. Gray whereby I have sold him the plantation on which I now reside, and have received in part pay for the same one hundred and twenty five acres of land which he has this day conveyed to me. I hereby will and bequeath the said land this day conveyed to me to my son Robert Emmett and to his heirs forever.
Fourth. I hereby give and bequeath to my son William M. Gray the sum of five hundred and seventy five dollars part of the difference in the exchange of lands aforesaid, and require him to pay to each of his brothers and sisters or their heirs the sum of one hundred and forty two dollars in twenty four months after the decease of my wife Mary, which when paid will be in full for the difference in the said lands this day exchanged.
Fifth I leave and bequeath to my daughter Jane Snoddy and to her heirs my tract of land containing one hundred and thirty acres lying in the county of Marion and State of Tennessee.
Sixth. My slaves and personal property not herein bequeathed to my wife Mary during life, shall immediately after my death be equally divided between my son John and daughters Jane, Polly, Hannah, Elizabeth, Rebecca, and Evelina and their heirs and the children of my deceased daughter Sarah, the children of the said Sarah taking one share between them. In making this division my said children are each to be charged with and account for the sums heretofore advanced them, and those having received least, are first to be made equal with those having received most, and the balance equally divided, until the same shall reach to the sum of one thousand dollars to each; The amounts by me advanced to my said children are as follows. To my son John $4[2]5.00. To my daughter Jane $200.00 and I require her to account in this division for the further sums of one hundred dollars for the land herein bequeathed to her. To my daughter Sarah $105.00 and to each of my other daughters, the sum of $55.00. Should there be any of my estate remaining after making each of my said children equal at the sum of $1,000.00 the same is the be equally divided among all my children and their heirs.
Seventh. At the death of my wife Mary, the slaves herein before bequeathed to her during life, together with the increase, if any, of the said slaves, together with the personal property, except my negro woman Delphia shall be sold, and the proceeds equally divided among all my children or their heirs, the heirs of such as may be dead taking the share of their parent. But should it so happen that in the division of my estate herein before directed in the sixth clause of this my will, my children mentioned in said sixth clause, shall not have received as much as will make them equal at the sum of $1,000.00, then they are first to be made equal at the said sum of $1,000.00 and the balance if any, equally divided among all my children, or their heirs.
Eighth. I leave and bequeath my negro woman Delphia at the death of my wife to any one of my children she may wish to live with and enjoin it upon such child to take good care of her, and treat her well.
Ninth. I hereby authorize and empower my executors hereinafter named to convey to my son William M. Gray the three pieces of land now in his possession, the title to which land is in me, which said pieces of land contains one hundred and forty nine acres more or less.
Tenth. I hereby constitute and appoint my sons John and William M. Gray Executors of this my last will and Testament, hereby revoking all former Wills by me made,and declaring this, and this only to be my last Will and Testament. In Witness whereof I have hereunto subscribed my name and affixed my seal this fifth day of May in the year of our Lord 1846.
Published and pronounced
as the last Will of William William Gray
Gray in our presence
Wm A. Preston
Francis Preston
William Lynch
Jacob Lynch
At a court held for Washington County the 25th day of May 1846
The last Will and Testament of William Gray sen’r deceased was exhibited in court and proved by the oaths of Francis Preston and Jacob Lynch two of the subscribing witnesses thereto and ordered to be recorded - And on the motion of John Gray & William M. Gray the executors therein named who took the oath of an executor prescribed by law and entered into and acknowledged their bond in the sum of Twenty thousand dollars with Thomas M. Preston, Francis S. Campbell, Samuel W. Montgomery James K. _ay, Jonathan King, Abram Mougle and Robert E Bradley as their securities conditioned as the law directs. A certificate is therefore granted them for obtaining letters testamentary on the estate of the said William Gray deceased in due form.
Teste
Richard H. Lynch DC