WILL OF DAVID MUNSEY

Russell County, Virginia
Will Book 7, Pages 110-111
Executed 04 Aug 1857

I, David Munsey of the County of Russell and State of Virginia, do make and publish this my last Will and Testament in the following manner hereby revoking all other and former Wills by me heretofore at any time made.

First; I desire that my executors shall pay all my just debts and funeral expenses out of the first money that shall come into his hands after my decease.

Second; I give to my wife Mary if she survives me one third part of the plantation on which I now live, after a small quantity is taken off which is herein after described and given to my son Isaac, to have the same during her natural life or widowhood.

Thirdly; I give to my son Isaac in addition to what I have heretofore given him a small peace (sic) of land of my plantation bounded as follows; Beginning at a corner of my new field at a small forked black gum by the turnpike road and running up and over the hill to a large sinkhole until it strikes my back line near a Sugar Tree, thence with that line to William Hardin's line, thence with Hardin's line and my old line to my old Sugar Tree comes in Isaac's Field which is now fell down and gone, thence with the open line of a 250 acre tract, part of which I own, until it strikes the conditional fence between Isaac and me, and with the fence to the turnpike road and with the turnpike road to the beginning.

Fourthly; I give and bequeath to my daughter Nancy & her husband W. D. Wagoner, the remaining two thirds of the plantation on which I now live during the lifetime or widowhood of my said wife Mary, and after her decease or marriage. I give the whole plantation to my said daughter Nancy and her husband William D. Waggoner and their heirs forever, but upon this condition that the said W. D. Waggoner and Nancy his wife shall furnish me a comfortable support during my life and shall pay at the death or marriage of my said wife the following amounts of money to the persons following unless he shall by agreement with them have paid the same before that event: That is to my daughter Elizabeth Gilmers, dead, children two hundred and seventy dollars; To my daughter Mary Browning three hundred dollars; To my daughter Rachael Harmon three hundred dollars; and to my son Abram’s daughter Ellen at my decease twenty dollars.

Fifthly; I give to my wife Mary, two choice cows, two choice bed, bedsteds & their furniture, one cupboard and wear and one table and all the kitchen furniture, during her life or widowhood and at her death or marriage to be equally divided without sale one half to my son-in-law W. D. Waggoner and his wife Nancy and the other half to my daughters, Mary Browning and Rachael Harmon.

Sixthly; I desire that the remainder of my personal property, that may be undisposed of at my death, shall be equally divided one half to W. D. Waggoner and his wife Nancy and the other half equally between my daughters, Mary Browning and Rachael Harmon.

Lastly; I hereby constitute and appoint Thomas G. McAlderson and William D. Waggoner executors of this my last Will and Testament, given under my hand and Seal this 29th day of October 1852.

David X Munsey (seal)

Signed and Sealed by David
Munsey in presence of us
as his last Will and Testament

Susannah T. Cox
W. B. Aston

The Commonwealth of Virginia.
To a justice of the peace in and for the County of Buncombe in the State of North Carolina; Know you, that we, trusting in your fidelity and provident circumspection, in examining Susannah T. Cox a witness attesting the last Will and Testament of David Munsey deceased, herewith annexed, authorize and require you, that at such time and place as you shall appoint, the witness aforesaid before you, call and cause to come and diligently examine upon oath touching the execution of the said Will; and her attestation thereto and her examinations into our court for the County of Russell distinctly & plainly, without delay, you shall send and certify enclosed, returning also this Writ, together with the said Will. Witness Richard A Lynch Clerk of our said court at the Courthouse this 11th day of August 1857 in the 82nd year of the Commonwealth.

R. A. Lynch, C.C.

State of North Carolina, Buncombe County;
I, Isaac R. Sawyer, a justice of the peace in & for the county and state aforesaid to whom was directed a commission from the County Court of Russell County Virginia, to take the deposition of Susannah T. Cox, as to the execution of the Will of David Munsey attached to said commission, have on this 3rd day of October 1857 caused to come before me, the said Susannah T. Cox a witness of lawful age, who being first duly sworn upon the Holy Evangelist to speak the truth, the whole truth and nothing but the truth; deposeths and sayeth, that she has examined the instruments hereto attached, and that the said David Munsey, in his presence acknowledged, the said instrument to be his last Will and Testament, and that she subscribed the same as a witness at the request of the said David Munsey, and in his presence and in the presence of Wm B. Aston, the other subscribing witness thereto; and that in her opinion the said David Munsey was of sound mind at the time of executing said Will.

Susannah Tipton Cox

I certify that the foregoing deposition of Susan T. Cox was taken sworn to and subscribed before date above

Isaac R. Sawyer JP (seal)

At a court held for Russell County on this 4th day of August 1857:
The last Will and Testament of David Munsey decd. was produced in court and proved by the oath of William B. Aston one of the subscribing witnesses thereto; and it appearing to the court that Susannah T. Cox the other subscribing witness thereto resides out of this commonwealth, to wit; in the county of Buncombe in the State of North Carolina, and on the motion of William D. Wagoner one of the executors therein named, a commission is awarded him directed to a justice of the peace of the said county of Buncombe, authorizing him to take and certify to the attestation of the said witness. And, at a court held for Russell County on the 3rd day of November 1857:

The last Will and Testament of David Munsey decd. was again produced in court and together with the commission thereto annexed for taking the attestation of Susan T. Cox a subscribing witness thereto, and the certificate under the hand and seal of Isaac R. Sawyer a justice of the peace for the County of Buncombe in the State of North Carolina, of the execution of the said commission; and thereupon the said certificate being seen and inspected by the court, it is ordered that the said will be recorded.

And on the motion of William D. Wagoner and Thomas G. McAlderson 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 $3000.00 with Jessee Browning and William N. S??? as their securities conditioned as the law directs. A certificate is therefore granted them for obtaining probate of the said will in due form

Testee Wilson E. Campbell, DC


This file contributed by: Margaret Freeman


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