Will of Thomas Bowyer, Bedford Co. VA 1862

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Bedford County Courthouse
Will Book 20, pp375-376
Will of Thomas Bowyer

  In the name of God Amen. I Thomas B. Boyer of Bedford County, Virginia, 
being of sound mind and disposing memory do hereby make my last Will 
and Testament:
First, after my death I desire my executor to pay all my just debts. Second, 
so long as my beloved wife Elizabeth A Boyer remains unmarried after my 
death, I give and bequeath to her the property upon which we now live 
including all the stock that may be on the place at my death, all to be 
managed and controlled for her use and benefit so long as she remains my 
widow and no longer.
Third, In the event of my wife's marrying again after my death I desire that 
my executor shall then sell all my property of whatever kind it may be upon 
the best terms and then divide the proceeds of the sale equally amongst my 
children then living, or the children of such as may then be dead, the portion 
going to my daughter Lucinda V. Stanley, wife of James Stanley to be held by 
my exeutor for the benefit of my said daughter and her children then living.
Fourth, In addition to the share of equality that my son James W. Bowyer is 
to have of my estate I direct that my executor shall pay him out of my estate 
five hundred dollars.
Fifth, I hereby appoint Samuel P. Helms(Nelms?) my executor. In testimony 
whereof I heretofore sign my name and affix my seal this 5th day of April 
1862.
Thomas B. Boyer
  Signed, sealed and acknowledged in our presence who being together attest 
this at the request of the testator in the presence of each other,
S.P. Nelms
J. A. Aunspaugh
Jos. Aunspaugh

At a quarterly session begun and held for Bedford County at the courthouse 
on Monday, the 26th day of February 1866 in the 90th year of the 
commonwealth. This paper writin purporting the last will and testament of 
Thomas B. Boyer, deceased bearing the date the 5th day of April 1862, was 
produced in court and offered for probate. Whereupon Samuel P. Nelms as 
subscribing witness to said paper writing was duly sworn and stated that he 
signed his name as a witness to said paper writing in the presence of the 
said testator and of the two other subscribing witnesses J. A. Aunspaugh and 
Jos. Aunspaugh, at the request of the said testator, that the testator signed 
the said paper writing and acknowleded the same as his last will and 
testament in the joint presence of the said three subscribing witnesses and 
that the said testator was at the time of sound and disposing mind and 
memory. Robert Aunspaugh  was also duly sworn as a witness and stated 
that J. A. Aunspaugh one of the subscribing witnesses to said paper writing 
is now a resident of the state of Alabama, that he is well acquainted with the 
hand writing of the said J. A. Aunspaugh, and Jos. Aunspaugh and that he 
believes their signatures as witness to said paper writing to be genuine. 
Whereupon the court being of opinion that the said paper writing is the true 
last will and testament of the said Thomas Boyer deceased, doth order that it 
be recorded as such in this court, And Samuel P. Nelms the executor named 
in said will appeared in court and refused to take upon himself the burthen 
of the execution of said will. Whereupon on the motion of John T. Bowyer, 
who made oath to the said will and with Bins W. Jones his security entered 
into and acknowledged a bond in the penalty of $300. conditions according to 
law. Certificate was granted him to obtain letters of administration on the 
Estate of the said Thomas B. Boyer deceased which his will aforesaid annexed 
in due form, which bond was ordered to be recorded.
Teste A. Arthur C.B.C.