WHITELY (WILL) SMYTHE COUNTY, VA

File contributed for use in USGenWeb archives by Diane Younker 
(DianeY@linkline.com)

Will of Robert Whitely, 1836 as recorded in Will Bk. Smythe Co., VA pg 
41.

In the name of God, Amen.  I Robert Whitely being of a sound and 
disposing mind and willing as far as in me lies to settle all my wordily 
concerns so as to prevent controversies or lawsuits after my decease do 
now in my seventy third year make my last will and testament in the 
manner and form following. Viz.

     Item first.  I will and desire that all my debts to be paid which 
are but few and none of magnitude.

     Item second.  I will and bequeath to my wife Jane Whitely during 
her natural life all the profits of my land and its incomes together 
with the profits and use of all my stock of horses now held in my name 
with all my cows, sheep and hogs with all my household and kitchen 
furniture all to be under her control and for her use during (as said 
before) her natural life.

     Item 3.  I will and bequeath to my son Robert Whitely one sorrel 
horse named Bill which I give to him some years ago I now confirm the 
gift.

     Item 4.  I give and bequeath to my son James Whitely one sorrel 
colt which I gave him one year gone.  I also confirm the gift.

     Item 5.  I will and bequeath to my two daughters Hannah Whitely 
alias Myers and Polly Whitely one dollar each to be paid them by my 
executors.

     Item 6.  It is my will and desire and I do will and bequeath to my 
three daughters after my wife Jane's decease namely Katherine Whitely 
Sarah Whitely and Juliann Whitely alias Reynolds all the personal 
property of stock and household and kitchen furniture that is in my 
wife's possession at her decease and to be equally divided amongst them 
as it can be conveniently done.

     Item 7.  I will and bequeath after my wife Jane Whitelys decease 
(and not before) my plantation where I now live to my four sons namely 
Samuel Whitely, George Whitely, Robert Whitely and James Whitely and to 
be equally divided amongst them according to quantity and quality, to be 
divided by their own consents:  but should they disagree in the division 
then each legatee to choose a man to make a division and that division 
it is my desire shall be final between them.  Then should one or more 
legatee incline to sell his or their part or parts it is my will and 
desire the other legatee or legatees may have the first refusal of the 
part of parts proposed for sale and if they refuse to purchase then to 
be sold to the best advantage.  I do hereby constitute and appoint my 
wife Jane Whitely executrix and my son James Whitely Executor of this my 
last will and testament.

In witness whereof I have hereunto set my hand and affixed my seal this 
14th day of November in the year of our Lord 1836.

          his
Robert     X    Whitely
         mark

----------------------------------------------------------------------
USGENWEB NOTICE:  In keeping with our policy of providing free 
information on the Internet, data may be freely used by non-commercial 
entities, as long as this message remains on all copied material AND 
permission is obtained from the CONTRIBUTOR of the file. These 
electronic pages cannot be reproduced in any format for profit or other 
presentation.