I John Small of the County of Nelson and State of Virginia being of sound mind and disposing memory do make and ordain this instrument of writing is an for my last will and testiment hereby revoking all other wills made by me

Item, First: it is my will that all my just debtys and funeral expenses be paid as soon as convenient out of my estate.

Item Second. I give to my beloved wife Sarah Small to her own use and management for and during her natural life the whole of the balance of my estate both real and personal except such portion of the personal as I herein give to my son Albert A. Small

Item third I give to my son Albert A. Small at the death of my said wife, the house wherein we now live and all the land of mine laying to the right of a line commencing at a high poplar a short distance above the line fence betwen Wm H. Harris and myself, and running along the ridge to the top of the mountain one hundred and fifty yards to the right of the high point to which said ridge leads, I also give to my said son at my death, one cherry bedstead and one feather bed and furniture, one folding table and plow, one colter, and great hoe, one hilling hoe and all my carpenters and shoe makers tools, to him and his heirs forever it is alos my will that my executors herein after named shall pay to my said son twenty eight dollars with int. that being a debt that I owe him.

Item fourth I give to my son John W. Small and my son William Small & to my grand daughter Margaret Small (daughter of my son James Small) at the death of my said wife three forth of the remainder of my said tract of land and personal estate after laying off to my said son Albert A as above stated to be divided between them equally according to quantity & quality to them and their heirs forever.

Item the fifth, I give to my son John W. Small one hundred dollars to be paid to him by my executors at my death out of my estate

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Item the sixth, I give to my friend Bennett ___ in trust for the benefit of my daughter Margaret Thomas and her two daughters Henrietta and Josephine __ one third of the remaining one fourth of my estate both real and personal not to be subject to the __ or use of Lonangodow? Thompson or to the payment of hs debts.

Item seventh. If there shall be a deficiency __ arrising from debts due to my estate to pay my _ and the monies legacies herein provided for _ it is my will that enough shall be raised from _ sale or disposition of the legacies bequeathed to my _ William Small and daughter Margaret Thompson _ his two named daughters and my grand daughter _ Margaret Small-in-qual portion from each to pay _ said debts and monied legacies so that no part _ shall be charged or raised out of, or the legacies bequeather to said sons John W. Small or Albert A. Small _ have intentionally omitted to give to any of the others _ my children, or grandchildren any part of my _ property because they are better off in this _ good, than those I have willed it to or if not _they have not and are not contributing to _ comfort and support of myself and my wife_ those that I have provided for.

And lastly I appoint Bennitt A. Witt and my son John W. Small executors of this my last Will and testament. in witness whereof I have herewith set my hand and seal this 11th day of March 1868

John his x mark Small

test

Alex Fitzpatrick

John M Fitzpatrick

Henry Boyer

At a court of Nelson County begun and held this 22 day of June 1868

An instrument of writing purporting to be the last will and testament of Jno Small decd was this day produced in court and proved by the oaths of M G. Fitzpatrick and Henry G Boyer two of the subscribing witnesses thereupon and ordered to be recorded

Note: Page two of this will was photocopied without being removed from the book by the clerk and approximately one inch of the right margin on the page is unreadable on an otherwise perfectly readable handwriting.