WILL OF STEPHEN BANNER

Russell County, Virginia
Will Book 10, Page 291
Executed 04 Sep 1883

I Stephen Banner of County of Russell and State of Virginia do make and publish this my last will and testament in manner and form following.

1st, I give to my wife Leah Banner to hold during her natural life the following boundaries of land herein described. Beginning at the Poplar Barn on the public road and running with the crossfence from said barn in the direction of Copper Ridge, a southeast course a straight line with said fence and continuing the same course from the corner of the fence to an old hog pen or opposite on the point of the ridge then going up to Osborn Saddle thence from said hog pen crossing the hollow a due course east to E.K. Banner's land and thence with his line to the public road at John Banners land and with his land along crossfence between the land of said John Banner and the land I leave to my daughter F.E. Gray the wife of C.C. Gray, thence with the fence around the two fields on the north side of the public road to the public road on the lower west end of said field and thence with the road to the begining. I also give to my wife Leah Banner one good horse of her choice, two cows of her choice, also my household and kitchen furniture, also grain and all other provisions for one years support, also two hundred dollars in money to be paid out of the proceeds arising from the sale of my personal property, sold by my executor, she having the right to dispose of said personal property as she may think proper.

2nd, I give to my son Wm. N. Banner the following described lands subject to the dower I give my wife Leah Banner. All the land I now hold south of the public road and including two fields north of said road and border as follows. Beginning at the white oak, corner to said land and the land owned by E.K. Banner and in the line owed by John Banner to a beech thence leaving the public road & with J. Banner land to a stake in the fence where the line of fence between John Banner & the line I give to my daughter F.E. Gray and heirs, the wife of C.C. Gray, thence leaving John Banner line the fence around the two fields, said fence to be the line between Wm.N. Banner and F.E. Gray to the public road & thence with the road and line of said F.E. Gray land to the line of Jas H. Dickenson thence leaving the road and with Dickenson's line to the line of N.T. Meade and with Meade's line to Franklin Minton's line and with his line to Alexander Osborne's line and with Osborne's to Nathanial Dickenson's line and with his to E.K. Banner to the beginning. Said tract of land is supposed to contain five hundred and twenty acres, my wife Leah Banner holds a dower during her natural life, the boundary thereof being fully described in the first part of this will and further that Wm. N. Banner is hereby bound in consideraton of the above described land to pay my son Samuel H. Banner in eighteen months after my death eighteen hundrd and forty three dollars. Also I give to my son Wm. N. Banner my two horse wagon.

3rd, I I give to my daughter F.E. Gray and her lawful heirs, she being the wife of C.C. Gray all my land on the north side of the public road except two fields in the southeast corner which fields or land has never been in the possession of said Gray and are in the dower left my wife then to Wm.N. Banner, said boundaries of land is bounded by the lands of John Banner, G.C. Gose, Jas H. Dickenson and with the land I give my son Wm.N. Banner, as described in the provisions made for him in this will said tract of land supposed to contain two hundred and fifty acres also a small tract purchased at a commissioners sale about thirty acres said tract being a piece sold off of the tract of land of D.K. & Dora E. Banner by B.R. Banner deceased and adjoining a similar purchase made by C.C. Gray also adjoining the lands of George Banner, John Banner & D.K. Banner. I give the above described tracts or parcels of land to my daughter F.E. Gray during her natural life and at her death said lands shall go to the lawful heirs of her body to be equally divided among them and said heirs and said heirs shall have the right to them and possession to said land at her death, the said C.C. gray their father having the right of guardianship shall have the right from the proceeds of said land to educate and maintain them while under the lawful age and further in consideration of the foregoing described lands I give to my daughter F.E. Gray and her lawful heirs to pay my son Samuel H. Banner six hundred & eighty six dollars also one hundred and fifty seven dollars to my son David K. Banner, said amounts to be paid in eighteen months after my death.

4th, I give to my son David K. Banner all the land he now has in possession of where he now lives in Wise County said lands being the same purchased by me from Jas W. Jessee and Andrew Kiser and in addition I give him one hudred and fifty seven dollars to be paid to him as heretofore described in my will by my daughter F.E. Gray.

5th, I give to my son Samuel H. Banner in addition to what I have given him twentyfive hundred and twenty six dollars of which amount Wm.N. Banner pays him eighteen hundred and forty three dollars and F.E. Gray pays him six hundred and eighty six dollars as heretofor described in my will.

6th, I desire that all my personal property not herein disposed of be sold by my executors and all my bonds, debts, to be collected and after all my just debts are paid, and two hundred dollars paid to my wife as heretofore decribed the remainder of said money to be equally divided between my four legal heirs S.H, W.N., D.K. Banner and F.E. Gray.

7th, I hereby appoint my two sons Samuel H. & Wm. N. Banner my executors of this my last will and testament and desire that no court of justice set it aside, given under my hand and seal this the 10th day of Aug 1883.

Stephen Banner (Seal)

Attesting Witnesses:
Samuel W. Gibson
W.H. Nash
Samuel B. Shoemaker
Geo C. Gose

At a Court begun and held for Russell County at the Courthouse thereof on the 4th day of September 1883. The last will and testament of Stephen Banner Deceased was this day produced in court and proved by the oaths of Geo C. Gose and Samuel B. Shoemaker two of the subscribed witnesses thereto who stated that said Stephen Banner acknowledged said will at his request and in his presence and in the presence of each other, whereupon said will was ordered to be recorded. And on the motion of Wm. N. Banner and Samuel H. Banner the executors named in said will took oath of an Executor prescribed by law and entered into and acknowledged a bond in the penalty of $15,000 dollars together with Geo C. Gose as their securities thereto conditioned according to law, a certificate is granted them for obtaining probate of said will in due form.

Teste: C.T. Dickenson D.C.


This file contributed by: Renae Barrett Schneider


1683 visitor since October 18, 2000


Back to Russell VAGenWeb