WILL OF JAMES MCFARLANE

Russell County, Virginia
Will Book 4a, Pages 466-467
Executed 12 Aug 1830

I James McFarlane of the County of Russell and State of Virginia do hereby make my last Will and Testament in manner and form following that is to say.

1st I desire all my just debts and funeral expenses to be paid out of my perishable property

2dly I give to my son James M. McFarlane Elizabeth McFarlane & Malinda McFarlane all my personal estate including my slaves to be equally divided between them

3dly I give to my son James M. McFarlane all my land in the County of Russell State aforesaid and the buildings thereon with the exception that the said Elizabeth & Malinda shall have the privilege of living in my house until they get married the aforesaid lands buildings etc I give to said James M. McFarlane & his heirs forever.

4thly I give all my lands in the County of Tazwell State aforesaid to my son James M. McFarlane Elizabeth McFarland and Malinda McFarlane with the exception that Elenor Neal and her daughter Mary Neal shall have a life Estate of the bent of the creek whereon they now live, they the said James M. McFarlane Elizabeth & Malinda to have and to hold the said lands to be equally divided between them to them and their heirs forever

5thly I give to my son Alexander one dollar to be paid by James M. McFarlane

6thly I give to my daughter Clarissa Kindrick one dollar to be paid by the said James M. McFarlane

7thly I give to my son Augustus McFarlane one dollar to be paid by James M. McFarlane

8thly and lastly I do hereby constitute and appoint James M. McFarlane and Joseph Shoemaker 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 seal this 3d day of December 1825.

James McFarlane (Seal)

Signed, sealed published and declared as and for the last will and testament of the above named James McFarlane in presence of us

John Burk
Joseph Shoemaker

At a quarterly Court continued and held for Russell County on the 4th day of August 1830
This instrument of writing was exhibited in Court as and for the last Will and Testament of James McFarlane deceased and proven by the oaths of Joseph Shoemaker and John Burk the two subscribing witnesses thereto, and was also proven to be in the hand writing of the Testator, and ordered to be recorded And Joseph Shoemaker one of the executors therein named refusing to take upon himself any part of the further(?) of the execution thereof, on the motion of James M. McFarlane the other executor therein named who made oath, and together with John T. Smith William Williams and William Ferrell his securities, entered into and acknowledged a bond in the penalty of $8000 conditioned as the law directs, certificate is granted the said James M. McFarlane for obtaining probat of the said Will in due form

Teste
James P. Carrell C.R.C.


This file contributed by: Michael A. Dye


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