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Russell County, Virginia
Will Book 9, Pages 336 & 337
Executed 20 Feb 1877

I James Gent of the County of Russell and State of Virginia, being weak in body but of disposing mind and memory do make and publish this my last will and testament in manner and form following viz:

1st it is my will and desire that all my just debts and funeral expenses be paid out of my personal estate as soon as convenient after my death.

2nd I will and bequeath to my wife Lydia all my estate both real and personal monies bonds and chases in action, to have and to hold during her natural life subject to the following limitation and provision viz: all monies and bonds and other evidences of debts are to be held at interest by my executor hereinafter named, and so much of the interest and principal thereof as may be absolutely necessary, shall be appropriated to the maintenance and comfortable support of my said wife Lydia. Should the real estate and personal property thereon prove inadequate to her support and should any of my heirs or stepson Fielding Gent obtain any of said personally from my said wife by gift, purchase for invaluable consideration, or obtain the same through the agency of another so that the distribution thereof might not be equal and uniform among my heirs and stepson Fielding, then in that event my executor is not to recognize such gift or purchase, but that such heirs or my stepson Fielding be held responsible to my estate for such excess.

3 It is my will and desire that after the death of my said wife Lydia, that all my estate both real and personal be equally divided among all my heirs viz: Ann Eliza Combs, Jacob C. Gent, Margaret Jane Smith, Sarah Catherine Kiser, William Gent & Evaline Kiser and my stepson Fielding Gent, subject however to the following limitations and provisions viz: There is to be withheld from the interest of Fielding Gent the sum of one hundred dollars on account of a tract of land, one horse and one cow heretofore advanced him more than I have given any of the rest of my children, and further the interest herein bequeathed to my daughter Margaret Jane Smith I set apart and leave in the hands of my stepson Fielding Gent to be paid to her by him as her necessities demand it necessary to his best judgement and should she die before the same is fully appropriated then he is to pay whatever remains to her two children Virginia and Wm. B. Smith and is not to recognize and sale or transfer of the interest bequeathed to my daughter Margaret Jane; and her husband Lilburn Smith is to have no control whatever over her interest, and my said stepson Fielding is hereby authorized to make sale of the interest of my daughter Margaret in the real estate for the best price he can get, and the interest herein bequeathed to my son William Gent is to be inoperative null and void if he should attempt to recover anything off my estate on account of any provisions or pretended contract between him and myself.

And further one half of the interest herein bequeathed to my daughter Catherine Kiser is to be paid to her son Elbert Combs because it is just that lineal descendants of her first husband by her are entitled to as much as her lineal descendants by her last husband.

And lastly. I hereby constitute and appoint my son Jacob C. Gent Executor of this my last will and testament. In witness whereof I have hereunto set my hand and affixed my seal this 27 day of November A.D. 1876

James Gent (Seal)

Signed sealed and acknowledged in the presence of us and in the presence of each other at the request of the testator.

James P. Lockhart
Joseph B. Kindrick

At a Court held for Russell County at the Court House thereof Tuesday the 20th day of February 1877.

The last will and testament of James Gent deceased was this day produced in court and proved by the oaths of James P. Lockhart and Joseph B. Kindrick the two subscribing witnesses thereto and ordered to be recorded. And on motion of J. C. Gent the Executor therein named, who took the oath of an Executor prescribed by law, and entered into and acknowledged a bond in the sum of $2000.00 together with Fielding Gent, Cullen Combs, and Noah W. Kiser, his securities thereto conditioned according to law. A certificate is therefore granted him for obtaining probate of said will in due form.

Teste -
J. C. Gent C.C.

This file contributed by: Michael A. Dye

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