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Russell County, Virginia
Will Book 4A, Pages 34 - 36
Executed 01 Jan 1822

In the name of God, Amen. I James Osborn of Russell County and Commonwealth of Virginia being in tolerable good health and of sound memory cauling to mind the mortality of my body knowing that it is appointed for all men to die - with these reflections I make this myh last will and Testament to dispose of what worley estate it hath pleased Almighty God to bless me with. First I recommend my soul to Almighty God who gave it and my body to the dust from whence it came to be decently buried by my Executors nothing doubting but to be raised again by the mighty power of Almighty God.

Item. I lend to my loving wife Mary during her natural life the dwelling house I now live in with the third part of that tract of land whereon the house stands, with all the household furniture excepting beds which she may choose two for herself and two negroes that is Carter and Amey.

Item. I give and bequeath to my son Jonathan in adition of wat I have given him fifty dollars

Item. I give and bequeath to my son David in addition to what I have given him fifty dollars

Item. I give and bequeath to my daughter Lucrece in addition of what I have given her ten dollars

Item. I give and bequeath to my daughter Elizabeth in addition of what I have given her ten dollars

Item. I give and bequeath to my daughter Lucy in addition of what I have given her ten dollars

Item. I give and bequeath to my daughter Abagale in addition of what I have given her ten dollars

Item. I give and bequeath to my daughter Huldah in addition of what I have given her fifty dollars

Item. I give and bequeath to my daughter Polley in addition of what I have given her twenty dollars

Item. I give and bequeath to my son Solomon my plantation I now live on so as not to interfear during the natural life of his mother of that part lent her and likewise I give and bequeath to my son Solomon my negros Ben, Isbel, Harry, Jude, Nelson, Sall, Simon, Mary and likewise after the death of my loveing wife Mary the two slaves I lent her, that is Carter and Amey and there increase to be my son Solomons: and as there is some money to be raised in pay in some small legatees to some of my children my will is that money I intend to be raised out of my still and stock of all descriptions and what money I may leave at my dcease my will is that my son Solomon may dispose of any part of the same to pay the several sums before stated and likewise any just debts I may owe

I give and bequeath unto Ruel Osborn a small tract of land known by the name of the Chesnut ridge, and when the said Ruel comes of the age of twenty one years, my will is that my son Solomon give him a horse and saddle and bridle and a good suit of cloaths

I hereby appoint David Osborn and solomon Osborn my executors of this my last will and testament in witness whereof I have set my hand and affixed my seal this 29th day of April in the year of our Lord 1816

James Osborn (Seal)

In presence of us
Henry Dickenson Senr.
Robert Dickenson
Thomas Bundy

At a court held for Russell County the 1st day of January 1822
This Instrument of writing was exhibited in Court as and for the last will and testament of James Osborn deceased, and proven by the oaths of Thomas Bundy and Robert Dickenson two of the subscribing witnesses thereto, and ordered to be recorded. And on motion of David Osborn & Solomon Osborn executors therein named who made oath, and together with Pleasant Horn and Benjamin Tompkins their securities, entered into and acknowledged a bond in the penalty of $5,000 conditioned as the law directs, certificate is granted the said David Osborn and Solomon Osborn for obtaining probat of the said will in due form.

James P. Carrell D.C.

Non Cupative Codicil

December 18th 1821
This day came Benjamin Tompkins and David Osborn and Solomon Osborn before me an acting Justice of the Peace for Russell County Virginia, and made the following statements on oath, to wit; that on the 12th day of this instant James Osborn late of this County in his last sickness sent for the said Benjamin Tompkins to make some alteration in his will and on his the said Tompkins arrival in the evening he James Osborn asked him if he had brought the New Revised Code of Virginia laws with him - he Tompkins said not, and he seemed to wish the law present that it might be done correctly, stating that the will he had was correctly drawn and signed, but that he wanted some alteration in it; that there had been an increase of negroes and he was afraid some would want a divide which was not his wish. And David and Solomon Osborn stated that he said that he did not wish the families of negros parted, Tompkins thinks that near his meaning but does not recollect the words exactly; they all stated also that he James Osborn said that as for his son Jonathan Osborn he had gave him what he intended him to have, that he had had a thousand dollars or more of his money which was all he allowed him to have, that he had run through it and now had no land to live on, he also stated that there was one of his daughters and her husband which he did not allow to give any more too, as he had bought or helped to buy a plantation for them and they was now without any land to live on, that he James Osbourn after some conversation said we had better get about our business as it was getting late, and there was something said about the law not being present and Tompkins said he must go home, he James Osbourn said he would have to come again, Tompkins said he would come on Saturday morning next, he signified that would do which was agreed that he Tompkins should come on Saturday to make the aditions and alteration he wanted in his will and Tompkins stated perhaps it could be done without writing a new will entirely by making an adition, and making that a part of his will, he said perhaps it might if that was law Tompkins said he thought it was, and he proposed getting his will but did not do so but said he would look over by Satterday, and they all stated that they thought the said James Osbourn was perfectly in his right mind at that time and he stated to them that he thought so himself: but it so happened that on Friday night following that said James Osbourn departed this life which prevented the proposed written alteration in his will being made as they think and believe. Given under my hand this 18th day of December 1821

John Smyth

At a Court held for Russell County the 7th day of May 1822
The foregoing affidavits of Benjamin Tompkins David Osborn and Solomon Osborn taken before John Smyth a Justice of the peace for Russell County, purporting to be a nun cupative codicil to the will of James Osborn deceased heretofore proved & recorded in this Court, were produced in Court and their substance again sworn to in Court by the said David and Solomon, and ordered to be established as a codicil to said will and recorded therewith

James P. Carrell D.C.

This file contributed by: Michael A. Dye

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