Know all men that I Berry R. Banner of Russell County and State of Virginia being low in health but in my proper mind do make and publish this my ;ast will and testament as follows: 1st I will and bequeath unto my beloved wife Martha P. Banner all that tract or parcel of land, left to me by my father, in his last will, containing three hundred and twenty three acres, be it more or less during her natural life.
2nd After her death I wish it to be divided betwen my two sons Daniel E. Banner and Edward K. Banner in the following manner - Edward K. to have the homestead and all lying south of the public road and Daniel E. the remaining portion lying north of the road each of them to have the use and benefit of their respective portions during their natural life, but no right to sell and transfer title. At their deaths the said lands shall go to their bodily heirs if there be any; if there shall be none then to their legal heirs.
3rd It is my will that the tract of land of which I am now lawfully seized, known as part of the Tom McCoy tract, containing thirty four acres (be there more or less) shall be sold to the highest bidder and the proceeds, or so much thereof as may be necessary applied to the payment of my just debts. If there be any over-plus, I wish it applied to the defraying the expenses of educating my youngest son Edward K. Banner.
4th I bequeath all my present estate to my wife Martha P. Banner, to be used by her for the maintainance and benefit of the family and at her death what is left to be equally divided between my two sons.
5th I is my well beloved brother John Banner shall execute this my last will and testament. In witness of the foregoing I hereunto set my hand this 31st day of March in the year of our Lord one thousand eight hundred and sixty seven.
Berry R. Banner
Signed in the presence of
James H. Dickenson
H. J. Dickenson
John T. Gray
At a Court held for Russell County at the court house on the 7th day of May 1867. The last will and testament of Berry R. Banner was this day produced in court and proved by the oath of H. J. Dickenson one of the subscribing witnesses thereto, and the other subscribing witnesses to said will not being present the proof is continued till the next term.
J. C. Gent D.C.
At a Court of quarterly session held for Russell County at the court house on the 4th day of June 1867. The last will and testament of Berry R. Banner was again produced in court and proved by the oath of James H. Dickenson and ordered to be recorded. And on the motion of John Banner the executor therein named who took the oath of an executor proscribed by law, and entered into and acknowledged his bond in the sum of five thousand dollars together with H. J. Dickenson his security thereto conditioned as the law directs, a certificate is therefore granted him for obtaining probate of said will in due form. The estimated value of said estate was proved by oath of John Banner to be $5,000.
J. C. Gent D.C.