Will Book Russell County Courthouse, Lebanon, Virginia
Samuel Phelps Will:
I Samuel Phelps Sen'r of the County of Russell & state of Virginia do make and publish this my last will & testament as follows hereby revoking all other Wills or Testaments by me heretofore made, that is to say: First I give and bequeath to my wife Susan all my estate of all kinds whatsoever, to be held and enjoyed by her during her natural life. Secondly, after the death of my said wife I give and bequeath all my property which may remain that is above willed to my wife, to my daughter Sarah Phelps forever. Thirdly, I desire that my executor hereinafter named shall sell so much and only so much of my property as will be sufficient to pay my debts and funeral expenses, which he is hereby directed to pay. Lastly, I hereby constitute & appoint my friend Charles H. Gilmer executor of this my last Will & Testament. Given under my hand & seal this 14th day of September 1846.
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Samuel x Phelps
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The above instrument was signed & sealed in presence of us, who in the presence & at the request of the testator signed the same as witnesses. Jackson Hobbs Axley Gilmer
At a Court of Quarterly session held for Russell County at the Courthouse on Tues. the 2nd day of March 1847.
This instrument of writing was exhibited in Court as and for the last Will & Testament of Samuel Phelps deceased, and proven by the oath of Axley Gilmer, one of the subscribing witnesses thereto and continued for further proof. And at April Court 1847 the instrument of writing was again exhibited in Court and proven by the oath of Jackson Hobbs the other subscribing witness thereto and ordered to be recorded. And on the motion of Charles H. Gilmer, executor therein named who made oath and together with Isaac Vermillion and Skidmore Munsey his securities, entered into & acknowledged a bond in the penalty of $100 conditioned as the law directs, certificate is granted the said Charles H. Gilmer for obtaining probate of the said will in due form.
Teste, James P. Carroll
Note: This was in a bound book and I could not make a copy of the original. I copied the will by hand while I was there.
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