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Russell County, Virginia
Will Book 4A Pages 97-99
Executed 02 Jul 1822

In the name of God, Amen
I, James McKinney, of Russell County, and state of Virginia, being sick and weak in body but of sound mind and desposing memory, for which I thank God, do make and ordain this my last will and testament.

Principally and first of all I recommend my body to the earth to be buried in decent christian burial at the discretion of my executors nothing doubting but at the General resurrection I shall receive the same again by the mighty power of God and as touching my worldly estate I give, grant and despose of the same in the following manner and form.

I give unto my wife Elizabeth McKinney, the dwelling house and kitchen, and one half of the improved land with sufficient quality of rail timber for keeping the same in repair during her natural life, one horse beast worth sixty dollars, her bed and sufficiency of house furniture, such as pewter and casters, & also 2 cows.

I give unto my son, James McKinney the sum of $300 to be raised out of my movable effects--I have give or have given unto my sons John and William McKinney, a tract of land where on William now lives. I give unto my two youngest sons, Daniel and Charles, the land and tenements where I now live to be equally divided between them at the decease of my wife and until her decease or till Charles becomes twenty one years of age, he the said Charles McKinney to have profits from the half or balance of the farm and at that age the profits to be equally divided between Daniel and Charles.

I give unto my daughter Levicey and for Charles each of them a horse they now claim.

I give unto my five daughters all the ballance of my movable property after the $300 raised for my son James to be equally divided among them.

I also constitute and appoint my son William McKinney my true and lawful executor in all things to act and do as I have requested in this my last will and testamnet.

In witness whereof I have hereunto set my hand and affixed my seal the fifth day of August, 1816, revoking and disannulling all and every former will and testament by me made, declaring this to be my will and no other.

In the presence in who in the presence of each other have hereunto set our hands this day and date above written

James McKinney (Seal)

John Smyth
Henry Engle
John Wakes

At a court held for Russell County the 2nd day of July 1822.
This instrument of writing was ehibited in court as and for the last will and testament of James McKinney deceased and proven by the oath of John Smyth one of the subscribing witnesses thereto and ordered to be recorded as to the personal estate. And it appearing that the executor named in said will does not reside within this Commonwealth, and the widow of the decedent refusing to act as administratrix; on the motion of John Smyth who made oath, and together with George Gose his security entered into and acknowledged a bond in the penalty of one thousand dollars conditioned as the law directs, certificate is granted the said John Smyth for obtaining administration of the said decedents' estate with his will annexed in due form.

This file contributed by: David Phillips

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