Will Book 17, Page 302 Washington County Courthouse, Abingdon, Virginia
I, John M. Kestner of the County of Washington & State of Virginia being of sound mind and disposing memory do make and ordain, this my last Will and Testament. I direct all my just debts and funeral expenses to be paid. I will and bequeath to my beloved wife Matilda all my personal & real Estate consisting of two tracts of land my home place & a tract of about 150 adjoining the home tract on the west side including all of my stock of every kind and all of my household & kitchen furniture which I will to her during her natural life, or widowhood. This provision I make to enable my third wife to raise & school our children 6 in number should my wife prefer to marry again, she will only be intitled to a child's part of my estate. After the death or marriage of my it is my will that all of my children by my three wives shall have an equal share of all of my estate personal & real. The names of the children is:
John M. Kestner, Alla Phelps, Jacob Kestner, William Kestner, Washington Kestner, Emeritta Lilly, Rachel Orfield, Polly Todd & Elizabeth Combs, Hiram Kestner, Militia Kestner, Andrew Kestner, Lilburn H. Kestner, Fairman P. Kestner, Sarah Emeline Kestner, Frances M. Kestner, all of whom I will an equal portion of my estate as above bequeathed & to their heirs for ever. Should any of my children be dead, I will to their children what they would have been intitled if living. Should any one of the above named childred to sell their interest it is my desire they should sell to their brothers or sisters in order that the land may be kept in the family. I direct my Executor, to sell as much of my property as may be necessary to pay all just debts & expenses. I hereby constitute & appoint my friend Abram Mongle Executor in testimony whereof I hereunto set my hand and affix my seal this 30th day of December 1865.
his
John M. x Kestner
markTeste. L. H. Counts Jeremiah B. Mongle
At a Court held for Washington County the 22nd day June 1868:
The last Will and Testament of John M. Kesner Snr was proved by the oath of L. H. Counts and Jeremiah B. Mongle the witnesses thereto and is ordered to be recorded, Teste
Notes: Washington Kestner married Mary Jane Phelps, daughter of John Phelps. Frances [Louisa] Kestner married William R. Phelps, son of John Phelps. This makes John M. Kestner the great-grandfather of Herbert C. Phelps. Alla Kestner married David Phelps, a brother of John Phelps. Many other links exist between the Phelps and Lilly families. Sarah Emeline Kestner married Hardy Lilly. Their daughter Matilda married Edward Thomas Branch.
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