WILL OF ELISHA TATE

Russell County, Virginia
Will Book 7, Pages 124-125
Executed 06 Jul 1858

I Elisha Tate of the County of Russell and State of VA do hereby make my last Will and Testament in manner and form following that is to say.

1st: I desire that after my decease that there be enough of my perishable property sold to pay my funeral expenses and just debts.

2nd: I desire that my wife Eliza Tate have the remaining property, all my land household and kitchen furniture with all my farming utensils during her natural life or widowhood.

3rd: I desire my single daughters Hannah F. Tate, Eliza C Tate, Darthula H. Tate and Sarah E. Tate have a place of residence with their mother so long as they remain single, also to be made equal with the other girls.

4th: I desire at the death of my wife Eliza Tate that my land be equally divided between my two sons James M. Tate and Thomas F. Tate to have and to hold forever. I further desire Robt. Fugate and Samuel P. Fugate make the division between my two sons James & Thos. F. Tate. I desire that the division of my land be immediately made after my decease.

5th: I also desire that my two sons James and Thos. F. Tate pay to my daughters Nancy, Jane, Hannah, Eliza, Darthula & Sarah E. Tate three hundred dollars to each one to be paid six months after the decease of my wife Eliza Tate.

6th: I desire that after the death of my wife Eliza Tate that all the remaining part of my property household kitchen furniture and farming utensils be sold and equally divided among all my children.

7th: I desire that when the division is made in my land that the house that my son James built is not to be taken in consideration with the value of the land. I also desire that my son James M. Tate have the north side of my land as he built on the same.

And Lastly: I do hereby constitute and appoint Samuel P. Fugate and James M. Tate executors of this my last Will and Testament hereby revoking all other or former Wills or Testaments by me heretofore made.

In witness whereof I have hereunto set my hand and affixed my seal this 17th day of May 1858.

Elisha Tate (seal)

Signed sealed published and
declared as and for the last
Will & Testament of the above
names Elisha Tate in
presence of us

James S. Glenn
John W. Owens

At a court held for Russell County on the 6th day of July 1858
The last Will and Testament of Elisha Tate deceased was produced in court and proved by the oaths of James S. Glenn and John W. Owens the two subscribing witnesses thereto and ordered to be recorded. And on the motion of James M Tate one of the executors therein named who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of $2000.00 with James S. Glenn and Joseph E Fugate as his security conditioned as the law directs. A certificate is therefore granted him for obtaining probate of the said Will in due form.

Teste
R. H. Lynch C.C.


This file contributed by: Margaret Freeman


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