Will: Whitley F. Helton, 1885: Washington Co. VA Washington Co.
VA Will Book 22:252

Contributed for use in USGenWeb Archives by Donald W. Helton
heltn@roanoke.infi.net

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Whitley F. Helton Last Will and Testament

I, Whitley F. Helton of Washington County and State of Virginia
being of sound mind and memory, do hereby make publish and
declare this to be my last Will and testament.

First: I order and direct my executor James A. Dye as soon after
my decease as he thinks best to pay off and discharge all the
debts dues and liabilities that may exist against me at the time
of my decease.

Second: I give and bequeath to my wife Malissa Helton one tract
of land laying near rich valley adjoining Elisha McNew and others
in Washington County Virginia containing eighty acres more or
less it being all the real estate of the Testator also I give and
bequeath to my wife Malissa Helton all of my personal property
both real and personal so long as she remains a virtuous widow in
case she breaks her virtue or marrys she can only have one third
of my estate both real and personal.

Third: At the decease of my wife I give and beqeath all my real
and personal property to my children to be equally divided
between Mary M. , Gerilda, William Milbern, Nanny V, Henry Alex
Helton, also I make my grandson Charles Alfred Fullen Day equal
in my real and personal property provided he remains with my
family and lives to inherit with my children in case my grandson
should die before he becomes an heir his portion falls back to my
children. I require each heir mentioned in this Will to keep this
estate in the family and not sell no shear only to one of the
heirs and to let the sale of each shear be governed by a two
third majority of the heirs also I require you heirs, to make
your division privately without an application to court.

Fourth: I hereby nominate and appoint James A. Dye as Executor of
my estate.

I also hereby authorize James A. Dye my Executor if necessary to
sell enough of land on the north corner adjoining Fullen Martin
of the within described tract of land without an order of the
Court to meet any debt due or liability that may be against my
estate.

In Witness Whereof I have hereunto subscribed my name this the
16th day of April 1885.

                                             Whitley F. Helton



The above and foregoing instrument was at the date therefore
signed, sealed published and declared by the said Whitley F.
Helton as and for his last will and testament in presence of us
who at his request and in his presence and in the presence of
each other have subscribed our names as witnesses.

John E. Grace                             Washington Co. Virginia
Jefferson Dye (his X mark)                Washington Co. Virginia