I, Spencer Breeding of Russell County and state of Virginia, do make my last will and testament in manner and form following, that is to say:
1st. I give to my daughters Lavica and Lavina the sum of one hundred dollars each, to be enjoyed by them and their heirs forever.
2d'ly. I give the residue of all my estate after payment of my debts and funeral expenses to my daughter Sandesty, my two sons Spencer and Bryant, my wife Hannah and such other children as she may lawfully bear to me in wedlock, in equal proportions, to be enjoyed by them and their heirs forever. And it is my will that the real estate of which I may die, seized and possessed be sold by my executor herein after named on a credit of twelve months, which with the proceeds of my personal estate is to constitute a fund for the purpose contained in this and the first article.
3dly. I have heretofore given to my sons and daughters John Breeding, Nancy Ball, Elisha Breeding, Betsy Lark, Sally Fields, Winny Childers, Polly Kizer, James Breeding, William Breeding, Susannah Sloan, George Breeding, Alsy Colly and Elijah Breeding all that I intend for them to have of my estate.
4thly. I hereby constitute and appoint James P. Carrell to be executor of this my last will and testament, hereby revoking all other or former wills or testaments by me heretofore made.
In witness whereof I hereto set my hand and affix my seal this 9th day of November 1833.
Spencer X Breeding (seal)
Signed sealed and declared
as and for the last will and
testament of the above named
Spencer Breeding in the presence
E. D. Kernan
Virginia, to wit:
At a court held for Russell County on the 7th day of July 1835
This instrument of writing was exhibited in court as and for the last will and testament of Spencer Breeding, deceased, and proven by the oaths of John Sewell and Edward D. Kernan the subscribing witnesses thereto, to be his true last will and testament, and ordered to be recorded. And James P. Carrell the executor therein named refusing to take upon himself the ___ of the executor thereof, Hannah Breeding the widow of the testator appeared in open court and relinquished her right to administer. Whereupon William K. Colley who married Alsy a daughter of the testator and is still living, and who, had the said Spencer Breeding died intestate would have been entitled to a portion of his estate as a distributor but to whom nothing is devised by the will aforesaid, applied in court for administration there being no other application by any other person either as legatee or distributor; and it appearing to the court that the said widow and those interested in the estate concurred in wishing the said Colley appointed as administrator, and it further appearing that Spence Breeding an infant of seven or eight years old one of the legatees named in said will has died since the date of the said will and previous to the death of the testator, it was insisted upon by the cousel of the testator in a suit brought and now pending in the Circuit Superior Court of Law and Chancery of this county, in the name of the said Spencer Breeding against Jesse Vermillion and Samuel Leace, that the said William K. Colley was by law entitled to receive the appointment of administrator in preference to any person who in case there had been no will was not a distributee, which motion was opposed by the counsel of the said Vermillion, as well because, he contended, no right accrued to him under the circumstances, and because in the suit aforesaid the said William K. Colley was deemed an important witness in behalf of the defence, and had heretofore been summoned and depended on as such, and of whose testimony the defendants in the suit aforesaid, would be deprived if appointed the representative of the testator. Whereupon the court refused to grant letter of administration to the said William K. Colley and appointed Robert Stinson to that situation who is not interested in the estate as a legatee or distributee. And the said Robert Stinson having taken the oath prescribed by law, and and entered into and acknowledged a bond in the penalty of $3000 with George Smith and George S. Jessee his securities, conditioned as the law directs, certificate is granted the said Robert Stinson for obtaining letters of administration on the said decedants estate with his will annexed in due form.
James P. Carrell, C.R.C.