In the name of God, Amen, I HEZEKIAH YANCEY of the county of Mecklenburg and State of Virginia being in the declining state of health but of sound mind and disposing memory, calling to mind the frailty and uncertainty of human life, and being desirous of settling my worldly affairs, and direct how the estate which it hath pleased God to bless me, shall be disposed of after my death, while I have strength and capacity so to do, do make this my last will and Testament revoking and making null and void all other last wills and testaments heretofore made and firstly I commend my immortal being to Him who gave it and my body to the earth to be buried in such a manner as my Executors hereafter named choose. As to my worldly estate and all the property real and personal of which shall [________?] seized or possessed or which I shall be entitled to at the time of my death [_______?] I desire and bequeath and dispose thereof in a manner following:
IMP My will is that all my just debts and funeral charges be first paid out of my estate by my Executor hereafter named as soon after my death as may be found convenient by him.
IMP I desire that my beloved wife, SALLY for and during her natural life [shall inherit?] all of my property, both real and personal which [_______?] after paying all my just debts and expenses which may accrue in settling my estate except my man Habor.
IMP It is my will and desire that my executor hereafter named shall as soon as he may find it convenient after my death [to] sell the said named negro man Habor as he may think best and such other property as my wife may not need. At her death I wish all my estate both, real and personal, sold and the proceeds divided out as follows: To wit: PERMELIA [_______?], one dollar and no more of my estate having given and done for her already as much as I consider I shall be able to do for my other children. The balance equally divided between WILLIAM H., JAMES M., PARTHENA and her husband ROBERT YANCEY, CLAYTON A., MARSHALL PENDLETON, REBECCA and her husband JAMES LUCUS, SALLY and her husband JOHN B. JONES, and the children of my daughter AMANDA, one ninth, it being their mother's part. In this division - each of my above named children is to be made account for the charges that I may leave against them on my book which I keep for that purpose and reference is hereby given a guide to my Executor.
IMP Item 3rd. I do hereby appoint my friend ROBERT OVERBY, trustee for my wife, SALLY, and I give him full authority to control all the property that I have loaned her for her life, and direct the management as he may think best for her interest only, Lastly, I do nominate ROBERT Y. OVERBY to be Executor to this my last will and testament thereby revoking all other last wills and testaments heretofore made by me. In testimony whereof I, the said HEZEKIAH YANCEY, have hereunto fixed my hand and seal to this my last will and testament this 15th of May 1857.
HEZEKIAH YANCEY (Seal)
In court in Mecklenburg County Virginia, Sept 17, 1860 the last will and testament of HEZEKIAH YANCEY was proved.
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