Virginia Russell County to wit:
I, Andrew Fraley of said county doth make this my last Will and Testament hereby revoking all other Wills heretofore made, and pray the Court to admit the same to record.
1st I give and bequeath to my son Nelson H. Fraley the lands where he now lives (which is the homestead where I now live) up to the line run by George A. Frazier the dividing line between him and Harvy D. Frailey; (also the tract of land at the mouth of Wharton’s Branch, known as the Pine Ridge line, I further give to my son Nelson H. all the timber on the south side of the Frazier line and North of the first hollow north of the Church house know as Fraley’s Chapel, except the sugar trees, if Harvy D. does not want said sugar trees Nelson holds them also.
2nd I give and bequeath to my son Harvy D. Fraley all the lands where he now lives and is in possession of being the lands South of the Frazier line. I also give to my son Harvy D. the tract of land lying on Clinch River known as the Walker tract.
3rd I give and bequeath to my beloved wife Barbara two choice cows, and sow and pigs, two beds, two bedsteads and clothing for same, my sons Nelson H. and Harvy D. are hereby bound to take care of and maintain plentifully their Mother at her old home, or at Harvy D. Fraley whichsoever she please during her natural life, and if said Nelson & Harvy fail to comply with the above requirements of this Will, in regard to their Mother, then each of them is to pay to their Mother fifty dollars per annum during her natural life.
4th My son Nelson H. is to pay to Harvy D. one hundred dollars, fifty dollars in one year, & fifty dollars in two years after my death.
5th I give all the lands I own & all interest I have in lands in Wise County to my son Ephraim Fraley.
6th I give to my five grand children to wit: George, Thomas, John, Ellen & Buch Fraley children of my son Martin Fraley dec’d a tract of land lying on the Chestnut Ridge, known as the Horn tract, yet upon this consideration, that my said five grand children pay to me during my life or to my Executor within one year after my death fifty dollars, and if said devisees fail to pay the fifty dollars as above described they forfeit any benefits under this Will, and the lands is hereby bequeathed to Nelson H. Fraley.
7th Nelson H. is to pay to my two daughters to wit: Ellen Jessee & Mat Jessee two hundred dollars, fifty dollars to each one in one year, and fifty dollars to each one in two years after my death, and Harvy D. is to pay to my two daughters to wit: Eliza Riley & Elizabeth Jessee two hundred dollars, fifty dollars to each one in one year and fifty dollars to each one in two years after my death.
8th All the personal property that has not been devised, is to be sold and after paying all my just debts and funeral expenses, is to be divided equally between my four daughters.
9th I hereby constitute and appoint my two sons Nelson H. and Harvy D. Fraley the Executors of this my Will dated this 1st day of October in the year of our Lord 1879. Witness my hand and seal.
Andrew X Fraley (Seal)
Wm J. Dickenson
Unity X Osborn
George F. Homes
Samuel J. Osborn
At a Court begun and held for Russell County at the Court House thereof on the 4th day of February 1884.
The last Will and Testament of Andrew Fraley was this produced in Court, and proved by the oaths of Wm. J. Dickenson and George F. Homes two of the subscribing witnesses thereto, who stated that said Andrew Fraley acknowledged said Will in their presence and in the presence of the other subscribing witnesses and that they witnessed said Will at his request and in his presence, and in presence of each other. Whereupon said Will was ordered to be recorded. And on motion of Nelson H. Fraley and Harvy D. Fraley the Exors named in said Will who appeared in Court and took the oath of an Executor prescribed by law and entered into and acknowledged a bond in the penalty of $800.00 together with H. H. Dickenson & S. W. Gibson as Securities thereto conditioned according to law. A certificate is therefore granted them for obtaining probate of said Will in due form.
R. G. Howard, D. C.