Will of William Small
Nelson County Virginia
December 10, 1820

At a court held for Nelson County the 23rd day of December 1821.
This Bond was produced into the court and acknowledged by all parties and ordered to be recorded.
Teste: S. Garland

In the name of God Amen. I William Small of Nelson County do hereby make my last Will and Testament in manner and form following that is to say
First. I desire that all my just debts and funeral expences be paid out of my personal estate, supposing my tobacco on hand and a bond I have on William Perry will be sufficient for that purpose.
Secondly I desire that my son John have that part of the land I bought of Thomas Roberts that he lives on and as far as where the branch runs through Michael Woods lines thence up the said branch past where W. (or M) Warrick lives to the back line.
Thirdly my will is that my wife have in leu of her third of the land so much of the land I have left my son John as lies below a fence running through the orchard to a small tobacco house, thence direct with the house southwardly till it will intersect with the corner of a fence running down from the top of the ridge west of Johnsons field thence to change the course and run to the branch eastwardly the branch which is the lines from Michael Woods line leading up past W. Warrick and then to cross said branch down with it to said fence to the top of said ridge and continue said course till it strikes my outside line on the estate Joseph Roberts dau.
Fourthly it is my will that my daughter Molly live with my wife on her thirds and should my said daughter be the longest living she is to have the use of the said house I now live in, and the use of thirty acres of land lying across the branch on the east side of my son Johns land and on that part also to be my wifes leading as far as the said dower extends on the branch thence with the dower line and Michael Woods line equal distances to include thirty acres, after the death of my said wife and during the life of the said Molly and at her death the said thirty acres to go to my said son John and his heirs forever,
fifthly my will is that the residue of my land be equally divided among the residue of my children together with that part of my wife's dower that will lie east of the thirty acres alloted to my daughter Molly and that she may divide by sale or otherwise as they may choose but in case they should differ on that point so many as choose land they may have it valued on that part next to the estate of Joseph Roberts dau. Lastly? if the land given to my son John and the balance may be sold for division with a majority of the Litagees interest should require a division of the land in which case the land must be divided
Lastly it is my will that my wife have the third part of my personal estate after the payment of debts and expences and residue be equally divided among all my children except that my son Hudson who I wish first to have twenty five dollanr and then an equil division with my other children. The legacies heretofore given except that to my dughter Molly is given to them their heirs and afsigns forever. Lastly I hereby constitute and appoint my son John Small, Nelson Warwick and John Hammom [or Hammer] (the last are my sons in law) my executors of this my last will and testament hereby revoking all other or former wills by me heretofore made. In witness thereof I have hereto set my hand and affixed my seal this tenth day of December in the year of our lord one thousand eight hundred and twenty
William (his x mark Small (seal)
Sealed and delivered in the presence of
James Woods x
Michael Woods
W Henry Foote
John Woods x

At a court for Nelson County the 22nd day of January 1821 this instrument of writing purporting to be the last Will and testament of William Small dec was produed into said court and proved by the oaths of James Woods and John Woods two subording wittness thereto and ordered to be recorded.

Will Book B page 170 to 172
Inventory Will Book B. page 185
Will written 12-10-1820
Produced at court 12-23-1821
Filed January 22, 1821

Know all men by these presents, that we Nelson Warwick, John Hammer, Tho Fitzpatrick & John Wills are held and firmly bound unto James Montgomery, Jepe? Jopling, John M. Shelton? and Ben Harris gentlemen, Justices of the Court of Nelson County now sitting in the sum of one thousand dollars to the payment whereof, will and truly to be made to the said justices and their successors, we bind ourselves and each of us and each of our heirs, executors and administrators, jointly and severally firmly by these presents, sealed with our seals and dated this 22nd day of January in the year of our lord 1821. and in the year of the commonwealth the 45th.

The conditions of the above mitagaties? is, that if the said Nelson Warwick & John Hammer two of the executors of William Small dec, do make a true & Perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hand, poperty or knowledge of them the said Nelson Warwick and John Hammer or to the hand or popekin? of any other person or persons for them and the same so made, do exhibit to the county court of Nelson at such time as they shall be thereto required by the said court, and the same goods, chattels and credits, do well and truly administer according to law, and make a part and true account of their actions and doings therewith when thereto required by the same court and further, do well and truly pay and deliver all the legacies ordained and specified in the said will as far as the said goods, chattels and amounts will contains answering to the value thereof and as the law shall charge them. Then this obligation to be void or else to remain in full force.

signed

Nelson R. Warwick

John Hammer

Thomas Fitzpatrick

John Wlls

At a court held for Nelson county the 22nd day of January 1821 This bond was executed in open court and acknowledged by all parties and ordered to be recorded.

teste J. Garland Clerk