I Ezekial Burdine of the County of Russell and State of Virginia do make this my last will and testament in manner and form following that is to say.
1st, I desire that all my just debts and funeral expenses be paid.
2nd I give to my son Henry D. Burdine my Blackboy named Bob, to him and his heirs to have and hold forever.
3rd, I give to my daughter Mary Bickley, wife of Charles W. Bickley, my negro boy named George and Sarah his wife, with their three children named Caroline, Fanny, and Eliza, them and their increase, to have and hold forever. I further desire that Charles W. Bickley pay to my Grandaughter Mary E. Shannon fifty dollars, to my Grandson John E. Easterly fifty dollars and my grandson Nathan W. Easterly one hundred and fifty dollars.
4th, I give to my son John W. Burdine my negro girl named Mary and her child named Martha, their and their increase to have and hold forever, I futher give to my son J.W. Burdine the carpeting belonging to my dwelling house.
5th, I give to my son Nathan E. Burdine my black boy named Emmett to him and his heirs to have and hold forever.
6th, I give to my four living children Henry D. Burdine, John W. Burdine, Nathan E. Burdine & Mary Bickley, all my household and kitchen furniture not otherwise disposed of to be equally divided among them.
7th, I give to my three sons, Henry D. Burdine, John W. Burdine and Nathan E. Burdine all the money that is owing to me to be equally divided among them.
8th, I give to my daughter in law Henry D. Burdine's wife the curtain bedstead, the curtains, bed & bolster, pillows and clothing to be equal with the rest of my beds, I also give to the said Henry D. Burdine's wife all my sheep, all my geese, also my wife's saddle to have and hold forever.
9th, I give to my two sons, Henry D. Burdine & John W. Burdine all my stock not heretofore disposed of, horses, cattle, and hogs, all my farming utensils of every kind, my log wheels and wagon, also my wheat ___ with all other kind of tools.
10th, I give to my son Henry D. Burdine my saddle, I further give to my two sons Henry D. & John W. Burdine all my bee stands, my guns?, with all the productions of my farm that may be on hand at the time of my decease, I further desire that if there be anything not heretofore disposed of at my decease, that my two sons Henry D. Burdine and John W. Burdine have the same.
11th, I do hereby appoint Samuel B. Fugate Executor of theis my last will and testament hereby revoking all other and former wills heretofore by me made. Witness and my hand and seal this the 9th day of February 1861.
Ezekiel Burdine (Seal)
Signed, sealed & declared as and for the last will and testament of Ezekiel Burdine in the presence of us.
John W. Owens
Isaac B. Fugate
At a Court held for Russel County on the 4th day of February 1862. This writing purporting to be the last will and testament of Ezekial Burdine deceased, dated the 9th day of February 1861 was produced in Court by John Burdine & Henry Burdine in order to be be proved whereupon on hearing as well the said John W. Burdine & Henry D. Burdine by their attorney, Nathan E. Burdine and John E.C. Easterly it is ordered that the said will be contested and it is ordered that this contest be continued & held for the next term.
And at a court continued & held for Russell County on the 5th day of March 1862. This day came the parties in their own persons into court and it is agreed by and between them as follows, the contestants N.E. Burdine & J.E.C. Easterly with their opposition to the admission of the said will to probate and the parties pay their own costs and the said John W. & Henry D. Burdine agree and bind themselves to pay to the children of Nancy Easterly the sum of $800.00 on or before the 4th day of March 1864, in addition to what is bequeathed to said children, and the said John & Henry Burdine further agree to divide all the pernality of Ezekiel Burdine except slaves and furniture, between N.E. Burdine and themselves each receiving one third. And thereupon the last will and testament of Ezekiel Burdine deceased was again produced in court and proven by the oath of Isaac B. Fugate the surviving witness thereto, and who also testified that the said John W. Owens the other subscribing witness thereto who is now dead, subscribed his name thereto, in the presence of the testator and at his request, it is ordered that the said will be recorded, and on the motion of Samuel B. Fugate the Executor therein named who took oath of an Executor prescribed by law and entered into and acknowledged a bond in the sum of ten thousand dollars with William F. Jessee, James C. Fugate, and Nathaniel E. Burdine as his securities conditioned as the law directs. A certificate is granted him for obtaining probate of the said will in due form.
Teste: R.H. Lynch