I Daniel Horton of Russell County and State of Virginia, do hereby make my last will and testament in manner and form following that is to say. 1st I desire that all the perishable part of my estate be immediately sold after my decease, and out of the monies arising therefrom, all my just debts & funeral expenses be paid, should the perishable part of my property prove insufficient for the above purposes, the I desire that my Executrix, herein after named may rent out a part of my land of which I bequeath to her for her life and aftrewards to my daughter Maria Elizabeth, and pay what may be unpaid together with what may be found to be due me from other people.
2dly After the payment of my debts and funeral expenses I give to my wife Harriot Horton all my estate both real & personal debts of to be enjoyed by her during her natural life at at her death that it descend and go to my said daughter Maria Elizabeth Horton to be enjoyed by her and her heirs and assigns forever and I further declare that I have already given to all of my other children all that I ever intend to give to them and that as I did give to my daughter Sally George & her husband Hervey George the land whereon I now live by deed and had the same recorded it is hereby ratified and confirmed by me, and further I did by Article of agreement, give to the said George my land on the north side of the Maiden Springs fork of Clinch River but it was on consideration that he would come on the plantation where I now live & occupy it with me and as he has failed in it & he has not paid me anything for the s'd land or done anything to entitle him to it I do hereby revoke the said Article of agreement, and give the said land to my said daughter Maria Elizabeth Horton her heirs and assigns forever. And as it is reported that I have already conveyed the s'd land to Hervey George by deed in Tazewell County which I deny and I hope he will not offer to contend for it - as I know it would be unjust for him to offer to take it from my destetute & unprotected infant daughter.
And lastly I do hereby constitute and appoint my very worthy wife Harriet Horton sole Executrix of this my last will and Testament hereby revoking all other or former wills or testaments by me heretofore made I further state that I owe Harry Smith considerably by bonds & account and I did give him certain property and a bill of sale of the same with an additional inventory of which he promised me I should have back on my paying him. I wish my Executrix herein before appointed to pay him & have the property as her own. In witness whereof I have hereunto set my hand and affixed my seal this seventeenth day of October in the year one thousand eight hundred and thirty two
Daniel Horton (LS)
Signed sealed published and delivered by Daniel Horton as and for his last will and testament in the presence & hearing of us who at his request & in his presence have subscribed our names as witnesses
Virginia, to wit:
At a Court of Quarterly session held for Russell County at the Courthouse on Tuesday the 8th day of August 1843
This instrument of writing was exhibited in Court as and for the last Will and Testament of Daniel Horton deceased, and proven by the oaths of Harry Smith and Reynolds Shoemaker two of the subscribing witnesses thereto, and ordered to be recorded
At a Court held for said County at the Courthouse on Tuesday the 3rd day of October 1843
On motion of John T. Smith who made oath, and together with Robert Boyd his security entered into and acknowledged a bond in the penalty of $500,00. conditioned as the law directs certificate is granted him for obtaining the administration of the estate of Daniel Horton deceased with his will heretofore proved in this Court annexed in due form.
Teste James P. Carrell C.R.C.