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Russell County, Virginia
Will Book 4, Pages 77 - 78
Executed 09 Mar 1880

I Henry D. Aston of the County of Russell and state of Virginia being of sound mind and disposing memory do make and publish this my last will and testament in the following manner that is to say:

1st I give to my wife Rachel W. Aston the full control of all my land (except what is hereinafter excepted) and all my personal property and all my store goods, until my youngest child arrives at the age of 21 years, the said land and personal property to be used for the support of and maintenance of my said wife and my five chilfren by her.

2nd, I desire that my executors herein after named shall as soon after my decease as convenient procede to sell my store goods & any produce that may be taken in for goods within at public or private sale & on such terms and time as they may think best keeping in view the interest of my estate. And I desire that my said executors shall procede at once to a judicious management of my outstanding debts so os to collect them or secure them to my estate as interest bearing funds, and all my debts thus secured or the money realized from item collections whichever may be done in the judicious discretion of my executors I desire shall be kept bearing interest untill my youngest child arrives at age except as hereinafter excepted, and also the money arising from the sale of my goods I desire shall be put at interest the same as the money arising from my debts.

3 I eurnestly desire that my five children by my present wife Rachael W. Aston shall be educated liberally according to my means for that purpose I leave to be used at the discretion of my said wife all the money that I may leave on hands at my decease or on deposit in any bank and also so much of the interest or principle of my outstanding debts as she may need for that purpose or for the comfortable support of herself and children until the youngest child arrives at age of 21 years.

4. When my youngest child arrives at the age of 21 years then I desire that the whole of my estate not before that time consumed in the education and support of my said wife shall be divided and disposed of as follows. That is one third of my estate real and personal I desire shall be taken and held by wife during her life that is that she shall have the possession of one third of my land and draw the interest on one third of the money belonging to my estate during her life. And the residue of my estate both real and personal remaining when my youngest child arrives at 21 years of age, I desire shall be equally divided between all my children both by my present & my former wife and at the death of my present wife I desire her third of my estate to be divided in the same way.

5 The foregoing provisions which I have made in the 1st 2nd and third articles of this my will in regard to the management & control of my estate by my wife and the education of my children are to be depended upon my said wife remaining my widow if she should marry again then I give her the use of one third of my land and the interest on one third of my money during her life, and in that case then I leave it with my executors to see the provisions of my will carried out with regards to the education of my children.

6th I give to my son Charles C. J. Aston the right to live on and use my 54 1/2 acre tract of land known as the Jonathan Honaker lands on which he now lives until the time arrive that my estate by my will is to be divided then that tract is to fall back and be divided with the rest.

7 I leave it at the discretion of my wife Rachel W. by and with the advice and consent of my brother Wm. B. Aston to sell all the lands I now own and invest the money in other lands such as she may by the same advice & consent select and in that case her deed endorsed with the consent of my said brother shall pass the title in fee simple to the purchaser of my said lands & lands she may purchase shall pass by the provisions of my will as provided with regard to the lands I now own. I include in this clause the piece I have left to the use of C. C. J. Aston.

Lastly - I hereby constitute & appoint my friend T. W. Davis & my brother Wm. B. Aston executors of this my last will & testament revoking all other wills by me heretofore made. Given under my hand & seal this 8th day of March 1874.

H. D. Aston

Tazewell Griffith
Samuel W. Aston

At a circuit court continued and held for Russell County at the Court House thereof on Tuesday the 9th day of March 1880.

The last will and testament of Henry D. Aston was this day produced in court and proven by the oaths of Tazewell Griffith and S. W. Aston the two subscribing witnesses thereto and ordered to be recorded. And on motion of Wm. B. Aston and Thos. W. Davis the Executors therein named who took the oath of an executor prescribed by law and entered into and acknowledged a bond in the penalty of $20000.00 together with E. S. Fugate, C. C. J. Aston and J. F. Davis their securities thereto conditioned according to law. A certificate is therefore granted them for obtaining probate of said will in due form.

V. B. Gilmer D.C.

This file contributed by: Michael Dye

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