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Russell County, Virginia
Written 4th day of December, 1893
Filed 7th day of March, 1894
transcribed from microfilm in State Library of VA

I, Thomas W. Davis of the County of Russell and State of Virginia, being sound in mind and of disposing memory, and knowing the uncertainty of life and the certainty of death, do hereby make and publish this my last will and testament hereby making null and voyd [sic] all former wills made by me at any time heretofore. And having some estate both real and personal that it hath pleased God to intrust me with, that I wish to dispose of as it suits me to do.

1. First I direct that after my death that my just debts and funeral expenses by paid out of the first money that can be got of my estate and that an iron railing be put up around the graves of myself and my now dead children that sleep at the same grave yard, and room for my wife Isabel Davis to sleep by my side.

2. Second I give to my said wife, Isabel Davis, in her own rite all the household and kitchen furnature of every description that we may have at my death. I also give to my said wife, Isabel Davis, during her natural lifetime, all the land and buildings that I bought of C.C.J. Hoton – about 65 acres and the meadow that I bought of J.M Kindrick of some 6 acres. She holds in her own rite by deed a house and lot in Old Honaker and a small lot of some one fourth of an acre in Swords Creek -?- and a twelve acre lot above Swords Creek depot, known as tank lot, all of which I hope she will manage well and use for benefit while she lives.

3rd. I have given to my son, Thomas J. Davis, dec.(?), valuable lands and paid many debts for him. I will give him no more, except I now give to his children John and Marsh(?), the piece of land that I bought at sale lying between the creek and S. Boyd’s land- say some six or 8 acres- provided they pay to my estate the cost of the suit of some $42.”” Dollars and any other cost to me of recovering the piece of land. I have given Thomas J. Davis and his children so much that I shall give them no more than what is named above. Thomas J. Davis expected me to give him the Lindsey Ongate (?) lands, I shall not do it. I have let him use it his life time and no longer. It must at his death belong to my estate fully.

4th Article: I have given to my son Henry C. Davis valuable lands and much money and deeded the land to him I now in this will give him the price of land of some 4” or 5” acres on Lewis Creek and known as the great coal bank tract. And I give him no more of my estate.

5th I give to my son Wm. R. Davis, the use and control during his life time the land left to his mother Isabel Davis for life time, that is, the Dr. C.C.J. Aston tract, of some 65 acres and the meadow lot of some 6 acres to explain this more fully I have left to my wife Isabel the Aston farm and the meadow lot during her natural life and at her death the possession of the said two pieces of land – 65 and 6 acres- shall go to Wm. R. Davis so long as he lives and at this death the said land shall go and belong his then living children by his wife Allis(?) in fee forever.

6th I have money owing to me. Out of my money and good debts, I give to my son, H. R. Davis the sum of Five thousand Dollars which I want to be invested in land that suits him and the deed made to him. I also give to my said son, H. W. Davis, the hotel house and lot Swords Creek. The balance of my estate, personal and real whether money, debts, lands or property not herein disposed of, shall be equally divided between my two sons Wm. R. Davis and H. W. Davis, shear [sic] and shear alike.

7th I give to my son John F. Davis, dec., and entailed valuable land, to his heir and I give it no more.

8th I have given to the children of my daughter Celia money and land and I shall give them no more.

9th The deed that I made to Maggie Asten for land is still in my safe and will be given to her or her children at a proper time. In witness of this my last will and testament, I, Thomas W. Davis, set my hand and seal, this the 4th day of December 1893.

Thomas W. Davis (Seal)

At a circuit court continued and held for Russell County at the Court House thereof, on Wednesday the 7ty day of March, 1894,
A writing purporting to be the last will and testament of Thomas W. Davis, deceased was this day produced in court and there being no subscribing witnesses thereto and it being proven that it was wholly written by the testator and the genuineness of his signature thereto being fully proven to the satisfaction of the court, said will is ordered to be recorded as the last will and testament of Thomas W. Davis, deceased.

Teste: Wm. H. Meade C.C.

This file contributed by:Brenda Todd Larsen

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