The Last Will Of Moses Jackson Beavers - 1919 I, M.J. Beavers, of Dicks Creek, in Tazewell County, Virginia, do hereby make and publish this, my last will and testament, as follows, hereby revoking all wills by me heretofore made. First: I hereby devise and bequeath unto my executor, hereafter named, all my property real and personal of which I posses or entitled to, to have and to hold during the lifetime of my wife, Martha Beavers, upon the trust hereinafter mentioned. Second: I direct that my wife, Martha Beavers, be maintained at our homeplace in comfort so long as she shall live and that the rents, issues, and profits of all my real estate and personal property, be applied to this purpose and if necessary, the principal of all my personal property. Third: I hereby devise and bequeath unto Moses Jackson Deskins and George Washington Deskins, the two infant children of Greever Deskins and Mary Deskins (subject to the life estate above mentioned), all that certain lot or parcel of land situate on Dicks Creek, in Tazewell County, Va. bound and described as follows: Beginning at a stone in field near Little Hollow, south 74' 30' east 71.8 feet to corner of J.N. Beavers Tract; then south 74' 30' east 247.8 feet to small apple tree, south 27' 30' west 312.6 feet to strike in line of Richard Bandy; thence with the same, north 84' 30' west 200 feet to a corner of said Bandy; north 5' 00' east 33 feet to a stake; thence north &' 00' east-----feet to the beginning, containing about two acres; and being a part of my homeplace which was heretofore conveyed by me and my wife to our son, H.A. Beavers, to wit, by deed dated the 29th day of August 1912, of record in the clerk's office of Tazewell County, Virginia in deed book 72 page 489, the said H.A. Beavers, having afterwards, to wit, on the ----day of May 1919 died interstate and without children, and said tract of land on his death was inherited by me, and the same reverted to me. In the event of the death of either of said Moses Jackson Deskins or George Washington Deskins, during the lifetime of the other, without a child or children living at the time of his death, the interest of the one so dying, shall go to and rest in the one surviving. Fourth: I hereby devise and bequest unto Lou Ann Beavers, widow of my son H.A. Beavers, deceased, (subject to the life estate hereinafter mentioned), all that certain parcel of land situate in Dicks Creek, in Tazewell County, Virginia containing about twelve acres and bounded and described as follows: Beginning at a poplar near the corner to the two acre tract herein above mentioned devised to Moses Jackson Deskins and George Washington Deskins, thence in a Northerly direction with said two acre lot, crossing Dicks Creek to an apple tree in the corner of the fence at the road, thence leaving the two acre lot and in a westerly direction to two little poplars on a bank between my dwelling house and barn; thence in a southerly direction to two white oaks and ------- in the Richard Bandy line below the house of Belle Hankins; thence in a Easterly direction to the beginning so as to include my dwelling house, gardens, and orchard. This devise to said Lou Ann Beavers is in lieu of any claim she might have to own in the real estate I herefore conveyed to her husband H.A. Beavers, deceased. Fifth: I desire that Herbert A. Beavers and Jack Hagerman stay on my farm and work and cultivate the same, under the direction of my executor and take care of my wife in sickness and health so long as she shall live. And I hereby devise unto Herbert A. Beavers and Jack Hagerman , subject to the life estate above mentioned, and subject to the terms, conditions, and stipulations hereinafter set out, all that certain tract or parcel of land situated on Dicks Creek in Tazewell County, Virginia, containing about 86 acres and being all of the tract of land which my wife and I conveyed to our said son, H.A. Beavers, by the deed shown above except the two acres thereof hereinabove devised to Moses Jackson Deskins and George Washington Deskins and except said parcel containing about twelve acres hereinabove devised to Lou Ann Beavers. In event Jack Hagerman shall die without lawful issue living at the time of his death, then his one-half undivided interest in said land herein devised him shall go to and rest in Herbert A. Beavers. The devise of said 86 acre tract of land to Herbert A. Beavers and Jack Hagerman is made upon the express condition that they stay on my farm and work and cultivate the same, under the direction of my executor and take care of my wife in sickness and in health so long as she shall live. And in event, either one of them shall fail to faithfully comply with the duties and obligations above imposed on them and the other one shall faithfully comply with the same, then, in that event, the devise herein to the one so failing shall be null and void and of no effect and the one faithfully complying with said duties and obligations shall be entitled to and shall receive the whole of said tract of land. However, in event Jack Hagerman should receive the whole of said tract of land under the provision above mentioned above and should die leaving no lawful issue living at the time of his death, then, in that event, the whole of said tract of land shall go to and rest in the said Herbert Beavers. In the event both said Herbert A. Beavers and Jack Hagerman shall fail to faithfully comply with the duties and obligations above imposed on them, then, in that event, the devise to them of said eighty-six acres tract of land herein shall be null and void and of no effect and said land shall revert to my estate and shall pass to and descend to my heirs at law according to the Statute of descents of Virginia. Sixth The devise of said land to Herbert A. Beavers and Jack Hagerman is subject to the charge that they pay the funeral and burial expenses of myself and wife, and my debts I may owe at the time of my death, and that they also erect a joint monument at the grave of myself and wife to be selected by my executor at a cost of One Hundred Dollars with appropriate inscription therein to be furnished by my executor and I hereby create a lien on said 86 acres tract of land to secure the payment of said funeral and burial expenses and debts and cost of said monument, the said lien to be released by my executor on the payment thereof and if said Herbert A. Beavers and Jack Hagerman, or either of them, Shall fail to pay the obligations above mentioned, then my executor may pay the same and collect the same by rental or sale of said 86 acres tract of land by suit instituted for the purpose. If said Herbert A. Beavers and Jack Hagerman , or both of them, shall make any payments on said obligations and shall afterward lose said land or interest therein herein devised to them the one or ones so losing the land shall be entitled to be reimbursed out of said land for the amount or amounts so paid with interest, through the date of such payments, and shall be entitled to own said land therefor. Seventh: I hereby bequest unto Herbert A. Beavers and Jack Hagerman, subject to provisions clauses one and two of my will, all my personal property, and this bequest to said Herbert A. Beavers and Jack Hagerman, of said personal property, is subject to the same terms, conditions, and Stipulations and provisions of the devise to them of said eighty-six acre tract of land herein. Eighth; I hereby appoint my son Alex R. Beavers, the Executor of this, my last will and testament, with full authority to see that the provisions of this will are carried out, and I request that he be allowed to qualify as such without bond. I have therefore made provision for all my children by gifts of personal property and conveyances to them of real estate, therefore, no mention is herein made of my said children nor further provision made for them. Given under my hand this 17th day of September 1919 and witness my seal. M.J. Beavers X his mark (seal) Signed, sealed, published and acknowledged by M.J. Beavers as and for his last will and testament, in the presence of us, all three present at the same time, who, at his request, in his presence and in the presence of one another, have hereunto subscribed our names as attesting witnesses, this 17th day of September, 1919. W.H. Hankins T.R. Hankins (Submitter note: Moses Jackson Beavers was son of Moses J. Beavers and Phoebe Harman. He was born 8-28-1834 and died 7-14-1923. He married 1st. 2-16-1865 to Lucinda Hankins and 2nd to Martha Sparks 3-18-1872. He was the father of nine children.) Submitted by Woodie Beavers Mullins PO Box 126 North Tazewell, Va. 24630 wsm@netscope.net **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. ****************************************************************