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Russell County, Virginia
Will Book 5, Pages 431 - 432
Executed 05 Mar 1844

I Samuel Aston of the County of Russell and the State of Virginia, do make my last Will & Testament in manner & form following, that is to say. First, I direct that a division line be made across my land commencing at the southern line on the big knob so as to form a straight line with the fence now standing in the old home hollow to the public road, thence westwardly with the road to opposite the fence running through my fields up a hill and passing west end of the old peech orchard, so as to make a straight line, to the line of my land on the north side of the same.

2nd I give to my wife Mary Aston and her children James M., Eleanor, Jane, Robert B., Mary Ann & Eliza all that part of my land lying westwardly of the before mentioned divission line, to have and to hold the same to their own use forever but to be under the control of my wife during her life.

3rd - I give my sons, Augustus W. Aston & William B. Aston all my land lying eastwardly of the before mentioned divission line to be equally divided between them, but they nor either of them am not permitted to sell all or any portion of the same to any person not belonging to my family until my youngest daughter Eliza attains the age of twenty one years, I also direct that the same remain attached to my farm for the maintenance of my children until one or both of my said son's shall occupy the same.

4th I give my sons Henry D. & Samuel W. Aston my slaves Nathan & Isaac.

5th I give my wife Mary Aston all my household and kitchen furniture, except as herein after disposed of. I also give her all my farming tools of every dimension includeing my wagons, gearing etc. I also give her all my stock of hogs. I also give her liberty of selecting for her use as many of my stock of horses cattle sheep as she may at her discretion desire for her use. I also give my wife and her children my slaves Henery, Samual, Ephram & Fanny, allowing my wife full control over said slaves during her life time, and at her death I give the said slaves and their increase to my children, James M., Eleanor, Jane, Robert B. Mary Ann, & Eliza. I also give my wife one hundred dollars in cash.

6th - I give my daughter Elizabeth Montgomery, my slave Mariah.

7th - I give my daughter Nancy Honaker the remainder of my money after paying all my debts. I also give her as much of my property not herein disposed of, as will together with the money she may receive make her the full value of my slave Maria that I have given my daughter Elizabeth.

8th - I give my son Augustus W. one bed and furniture and my son Wm. B. a bed without furniture. I haveing heretofore given him furniture for a bed, and should I have at my death any property not herein disposed of, I direct that the same be equally divided among my first wife's children.

And lastly I do hereby constitute and appoint my son William B. Aston executer 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 affixed my seal this seventh day of December in the year 1843.

Samuel Aston (Seal)

Signed sealed, published and declared by Saml Aston as and for his last will & testament in the presence of us, who at his request & in his presence subscribed our names as witnesses.

Ja_ Owens - Robert Fugate xxx

At a Court of Quarterly Session held for Russell County on Tuesday, March 5, 1844
This Instrument of writing was exhibited in Court as and for the last Will & Testament of Samuel Aston deceased, and proven by the oaths of Jacob Owens & Robert Fugate the subscribing witnesses thereto and ordered to be recorded; and on the motion of William B. Aston executor therein named who made oath and together with Jacob Owens, Charles S. Creigh, Jacob Dorton and Henry D. Aston his securities entered into and acknowledged a bond in the penalty of $6000.00 conditioned as the law directs, certificate is granted the said William B. Aston for obtaining probat of the said will in due form.

Teste James P. Carrell C.R.C.

This file contributed by: Renae Barrett Schneider

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