WILL OF JOHN T. COWAN

Russell County, Virginia
Will Book 6, Page 329
Written 22 Nov 1831, Probated 1851

I, JOHN T. COWAN, of Russell County and State of Virginia, do make my last Will and Testament in manner following, that is to say:

I give to my wife Tabitha my Negro woman Hannah and her two children Isaac and Moses and also her future increase to be her own property forever, and at her own and sole disposal. I also give to my said wife all my other estate real and personal with this provision that she shall sell so much of the personal property as may suffice for the payment of such debts as I may owe at the time of my death, and if the personal estate shall be found inadequate to discharge my debts, that then she sell the land or so much of it as may be necessary to discharge the residue of my debts. If the whole land is sold by her she may appropriate the money left from paying my debts to the purchase of other lands: and such lands as I may die possessed of or as she may so acquire by purchase from the proceeds of my estate after her death, shall go to and descend in equal proportions to my mother, brothers and sisters and their heirs forever; but my personal estate remaining at her death is to be subject to her own disposal.

As it might happen in the dispensation of Providence, that my said wife from the proceeds of the land and from my personal estate not have a sufficient and comfortable support; I will therefore, that if so, she then may sell any land I may die possessed of, or which she may acquire by purchase, for such her support, comfort and maintenance which sale shall then divest the title from my other devisees above mentioned.

And I hereby appoint my said wife Tabitha my executor of this my last Will and Testament hereby revoking all other and former will or testament by me heretofore made.

Witness my hand and seal this 22d day of November 1831.

Signed: John T. Cowan {seal}

Signed, sealed, published and declared as and for the last will and testament of the above named John T. Cowan in presence of James P. Carrell, John Sewell

At a Court held for Russell County on the 8th day of July 1851. This writing purporting to be the last will and testament of John T. Cowan deceased, was produced in Court by Vincent Jessee for probate, and James P. Carrell one of the subscribing witnesses thereto being duly sworn deposed that said writing was prepared by him and under the direction of Testator, that at the date of its execution the testator was of sound mind and disposing memory, and that the other witnesses John Sewell has since died and that his name subscribed thereto, is the proper handwriting of him, the said John Sewell, whereupon the same is established, and ordered to be recorded as the last will and testament of the said John T. Cowan deceased, and time is given the execution named therein to appear in court and qualify.

At a Court of Quarterly Session continued and held for Russell County on the 6th day of August 1851. Tabitha Cowan executrix named in this instrument of writing desiring to have another person associated with her in the administration of decendent's estate, refused to act as executrix, and upon the motion of said Tabitha Cowan and Vincent Jessee, who made oath, and together with Saml. W. Aston & Isaiah Fullen, their securities entered into and acknowledged a bond in the penalty of five thousand dollars conditioned according to law, certificate is granted them for obtaining letter of administration on said decendants estate with this will annexed in due form.


This file contributed by: Edgar A. Howard


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