WILL OF WILLIAM SAMPLES

Russell County, Virginia
Will Book 6, Page 245
Executed 02 Apr 1850

I, William Samples of the County of Russell and the state of Virginia, do hereby make my last will and testament in manner and form following that is to say:

lst I desire that all the perishable part of my estate be immediately sold aftermy decease, and out of the moneys arising therefrom all my just debts and funeral expenses be paid.

2ndly After the payment of my debts and funeral expenses, I give to my beloved wife Nancy the plantation whereon I now live with all the farming utensils or tools, all the household and kitchen furniture and Milly a black woman and two of her children to wit namely Andy and Rees, and Charlotte another black woman and her two children namely Lear and John W. and Samuel a black man, one gray horse, four milk cows of her choosing out of my stock and one third of my sheep and hogs and all my geese and other fowls for and during her widowhood and at her death or marriage I desire that my plantation whereon I now live may divideand go one third to my son Charles Samples, and one third of it to my son James Samples and the other one third to the children of my son Lewis Samples, andtheir heirs and asigns forever.

3rdly As to my daughters Delila Hunt and Polly Samples they have disobliged me so much, that I leave to each of them one Negro apiece to be valued by my appraison to be worth three hundred each and if either of the said Negroes should not be valued to the said amount of three hundred dollars the amount must be made to each or either of them in money that shall arise from the sale of my other property in addition to what they have had heretofore being their shear or at most all that I intend to give them out of all my estate.

4thly- I desire that all the rest of my Negroes be appraised immediately after my death together with my other property and not otherwise devised or sold or divide equally shear and shear amongst my children and grandchildren as herein after mentioned, that is Martha Spratt, Charles Samples, the children and heirsof Sally Spratt the wife of Enoch Spratt, James Samples, the children of Anna Hurt the wife of Absolom Hurt and the children of my son Lewis Samples making in all six shears in the 4th article---as to Delila Hunt and Polly Samples I leave them no share in the 4th Article as I have heretofore stated that I leave them nothing else only what is given them in the 3rd Article of this my will.

5thly- I desire that the estate herein devised to my grandchildren as above remain in the hands of my son James Samples who I appoint as their guardian or trustee, and that he pay out to them children as they arrive at age their portions of my estate devised by this my will. 6thly- As I have given to my son Charles Samples three hundred and seventy five dollars and one Negro at three hundred making in all six hundred and seventy five dollars which sum I wish to be taken out of his part of my estate which will be coming to him; also I have given James Samples the sum of one hundred and sixty two dollars which I wish also to be taken out of his part of my estate that will be coming to him; also I have given to Anna Hurt or to Absolom Hurt her husband the sum of three hundred and thirty eight dollars which I also wishto be taken out of the part that I have devised to the children of Anna Hurt.

7thly- I desire that all my property Negroes etc. which I have left to my beloved wife Nancy be appraised and sold or divided at her death, but not sold until her death and it equally divided into six shears to my children and grandchildren as mentioned in the fourth article of this my will, that is one shear to Martha Spratt, one shear to Charles Samples, one shear to the children of Sally Spratt, one shear to James Samples, one shear to the children of Ann Hurt and one shear to the children of Lewis Samples as heretofore mentioned in the 4th article of this my will.

8thly- I desire if any dispute or doubts should arise about my will I wish it to be left to disinterested men and their award to be binding provided that the parties agree on the arbitration and their award to be binding between the parties and that there may be no lawsuits as I think the will plain and carries out fully my intentions and meaning. I desire that my estate be appraised and conducted as I have directed it immediately after my decease.

And lastly I do hereby constitute and appoint my son James Samples executor of this my last will and testament hereby revoking all other and former wills and testaments by me heretofore made.

In witness whereof I have hereunto set my hand and seal the 28th day of March In the year of Christ 1850.

His mark
William X Samples

Signed sealed published and delivered by William Samples as and for his last will and testament in the presents and hearing of us who at his request and in his presents have subscribed our names as witnesses

Thomas W. Davis
Zadok N. Gardner

At a court held for Russell County at the courthouse on Tuesday the 2nd day Of April 1850 This instrument of writing was exhibited in Court as and for the Last will and testament of William Samples dec'd and proven by the oaths of Thomas W. Davis and Zadok N. Gardner the subscribing witnesses thereto and ordered to be recorded. And James Samples, the executor therein named refusing to take upon himself the burden of the execution thereof, on the motion of John F. McElhenney and William B. Aston who made oath, and together with James Samples, Thomas W. Davis, James Fletcher, Isaac Vermillion, Robert Boyd and Charles L. Creigh their securities entered into and acknowledged a bond in the penalty of $15,000 conditioned as the law directs, certificate is granted the said John F. McElhenney and William Aston for obtaining letters of administration on the said descendants estate with his will annexed in due form.

Teste, James P Carrell C.R.C.


This file contributed by: Harold Richardson


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