LAST WILL AND TESTAMENT of Michael FLEENOR 28th Day of August 1837 Washington Co., VA Submitted by Edgar Howard, swvaroot@swva.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. ************************************************************************************* I, Michael FLEENOR of the county of Washington and the state of Virginia being weak in body but of sound and disposing mind and memory, do make this my Last Will and Testament. Should I leave any just debts unpaid I direct my executors to pay them as soon as possible after my decease. To my son Thomas W. Fleenor, I will and bequeath the lower end of the tract of land whereon I now live, being that portion where he now resides: The division line to commence at a Lynn and two _hombeams_ on the south side of the river and south side of the tract, and to run from thence to a hickory at the foot of the little mountain and thence in the same direction to the north line of my lands to him and his heirs forever. To my son Hiram C. Fleenor and to his heirs forever, I will and bequeath the balance of the plantation whereon I now live subject to the reservation herein after mentioned in favour of my wife Sally. In consideration of this devise I require the said Hiram to pay to my wife Sally the sum of 60 dollars annually during her natural life and at her death to pay to my executors the sum of twelve hundred dollars. To my wife Sally, I leave and bequeath during her natural life my Negro woman named China or Chane, the use and occupation of my dwelling house and garden, and also so much of fruit as she may need from the orchard on the land herein bequeath to my son Hiram. Also will and bequeath to my said wife Sally and her heirs, one half of all my household and kitchen furniture and my two horse waggon and should the sixty dollars annually herein directed to be paid her by my son Hiram be not sufficient for her support in a comfortable and easy manner, then I direct that my son Hiram shall pay her as much more as may be necessary for her support, and whatever sum he may thus pay over and above the sum of sixty dollars annually, shall be deducted out of the twelve hundred dollars to be paid at her death. My Negro slave man Toby desiring to live with my son Hiram and it being my intention that he shall be kindly treated, I will and bequeath him to my said son Hiram, and I enjoin it upon him to settle the said Toby by him and give him such indulgence as he can with propriety under the laws of the State. At the death of my wife, I will and bequeath my Negro woman slave China or Chane to my son Robert, under injunction that he will take good care of her and treat her well. The balance of my estate both real and personal, I direct to be sold by my executors on such credit they may deem proper, and the proceeds thereof together with all money on hand and debts due me, to be equally divided among my children then living and the legal heirs of such of them as may be dead, the heirs of such as may be dead taking the share of their parents in equal proportions, with this exception that should my daughter Rachel Price be living at the time of this distribution, she is to receive no part of the same, but her portion is to go to her children. In this distribution each heir is to be charged with whatever amount he or she may have received from me by way of advancement and those having received least or first to be made equally divided as above mentioned. Where any conveyances are necessary for lands sold either by myself or my executors. My executors are hereby authorized and empowered to make such conveyances, with such warranty as my contracts may require or they may think prudent. I hereby appoint my friend David Campbell and my sons Robert and Hiram executors of this my last will and testament hereby revoking all former wills by me made. In testimony whereof I have hereunto subscribed my name and affixed my seal this sixth day of July 1837. Published & pronounced as the last Will & Testament of Michael Fleenor in presence Michael Fleenor, his mark X of us. Abram Mongle Abram Nordyke At a Court held for Washington County the 28th day of August 1837. The last Will and Testament of Michael Fleenor deceased was exhibited in court and proved by the oath of Abram Mongle and Abram Nordyke the witnesses thereto ordered to be recorded. Robert Fleenor and Hiram Fleenor two of the executors therein named appeared in court and refused the executorship. And on the motion of David Campbell the other executor therein named who took the oath of an executor prescribed by law and entered into & acknowledged his bond in the sum of ten thousand dollars with Jacob Lynch and Robert R. Preston his securities conditioned as the law directs. A certified is therefore granted him for the probate of the said Will in due form. Teste Jacob Lynch, CC