I Stephen Fuller, of the county of Russell and State of Virginia, being weak in body but sound in mind and disposing memory, for which I thank God, and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with, I give and bequeath the same in manner and form as followeth, that is to say:
1st. After the payment of my debts and funeral expenses I desire my estate both real and personal, to be equally divided share and share alike, among my children and their heirs. That is, I give to Hawkins Fuller one sixth part of all my estate after first deducting from the amount the sum of four hundred and fifty dollars, which they have received heretofore in land.
2nd. I give to the heirs of my daughter Celia Samples - Stephen, Catherine, William P., Franklin and Henry, the one sixth part of all my estate to be equally divided among the said five children, except in this, that the said Stephen Samples has received from me fifty eight dollars and 22 cents and I desire that he shall have that much less than the other four, with legal interest thereon from the year 1850 until the final division.
3rd. I give to the heirs of my daughter Elizabeth Kindrick, the one sixth part of all my estate to be equally divided among them.
4th. I give to the heirs of my daughter Catherine S. Johnson, the one sixth part of all my estate to be equally divided among them.
5th. I give to the heirs of my son Jacob Fuller, the one sixth part of all my estate to be equally divided among them.
6th. I give to the heirs of my daughter Polly Johnson, the one sixth part of all my estate to be equally divided among them.
7th. I give to the heirs of my daughter Phebe Thompson, one dollar, to be equally divided among them.
The heirs of Hawkins Fuller and Polly Johnson are citizens of the north. If the said heirs of Hawkins Fuller and Polly Johnson do not come to get their part in seven years after my decease, I desire that their part be equally divided between my first six heirs mentioned in my will.
I hereby constitute and appoint my grandson, Wm. P. Samples, executor of this my last will and testament and I direct that he shall not be required to give security, in the event that the said Wm. P. Samples should die, or be prevented from any cause to execute this will, I desire that Emory Thompson shall not be appointed administrator. I hereby revoke and make void all former wills made by me at any time heretofore.
In writing whereof I, the said Stephen Fuller, sets my hand and seal this 8th day of January, 1863. I also direct that E. Thompson is not to have possession of the land until he pays the purchase price.
In the presence of us at his request.
Stephen X Fuller (Seal)
Henry M. McGlothlin
At a court held for Russell County at the courthouse on the 5th of
The last will and testament of Stephen Fuller deceased, was produced in court and proved by the oath of henry M. McGlothlin and James Claypole, the two subscribing witnesses thereto and ordered to be recorded, and on the motion of William P. Samples the executor therein named, who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of seven thousand dollars with Wm. G. Kindrick, S. B. Hurt, and A. L. Kendricks as his securities thereto, conditioned as the law directs. A certificate is therefore granted him for obtaining probate of said will in due form.