The last will of John Banner Sr. of Russell County Virginia.
I John Banner considering the uncertainty of this mortal life and being of sound mind and memory but bad health do make and publish this my last will and testament in manner and form following.
1st, I give to my son George Banner a certain portion of my lands bounded as follows beginning at castes run where the fence leaves the said line and with said fence to the top of the french hill to the big field thence following that fence around to where the oat stacks were burnt & thence with the line of the Brumfield McKoy tract & Thomas & John McKoy tracts to the Burchet spring including the spring thence running in a northern direction up the hollow to the right of the honey locust to the fence between my land & John Dickenson making it a straight line between two black walnut thence following to the river and thence to the beginning.
2nd, I give to my son Steven Banner a portion of my lands the line as follows. Beginning at a big sugar tree in the hollow below the house formerly occupied by Abe & running to the big spring including the spring then following the branch to_____ thence a straight line to the three sugar trees a corner thence following my lines around to the Stephen Gose tract & Preston and Fugate tract and also fortyone acres of the Lee Jessee Tract adjoining the east end of the Gose tract to be cut off by running a line parellel with the line of the Gose tract.
3rd, I give to my two sons John & Berry jointly the balance of the Lee Jessee tract the Bowling tract the Crump tract & the Austin Bush Tract & all other pieces of the McKoy lands except the land last bought of Thomas & John McKoy.
4th, I give the last land bought of Thomas & John McKoy to my wife during her natural life. I also give to my wife four hundred dollars in money also the negro girl called Kate and two horses of her choice one patent plough, two bull tongue ploughs & two shovel ploughs, two pairs of harnesses & all other farming utensils and house hold and kitchen furniture she may chose, also five cows & calves & twelve sheep & also my negro woman Rachel & her children.
5th, I desire that all the balance of my negroes be equally divided amongst all my children & my property sold so as to make my daughters & David equal with my other sons. I hereby appoint George C. Gose my executor of this my last will and testament hereby revoking all former wills by me made in witness whereof I have hereunto set my hand and seal this the 15th day of January 1858.
John Banner X his mark
The above instrument of writing was now here subscribed by John Banner the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request assign our names as witnesses.
Thomas D, Kernan
At a court held for Russell County on the 2nd day of February 1858. The last will and testament of John Banner deceased was produced in court and proven by the oaths of John Dickenson and Thomas D. Kernan the two subscribing witnesses there to and ordered to be recorded and on the motion of George C. Gose the executor therein named who took oath of an executor prescribed by law and entered into and acknowledged a bond in the sum of $40.000 with Aaron Gose, Wm. N. Neece, Robert Burk, Charles H. Gilmer and Stephen Banner as his securities conditioned as the law directs, a certificate is granted him for obtaining probate of said will in due form.
Teste: R.H. Lynch C.C.