In the name of God, Amen, I JOHN YANCEY of the county of Mecklenburg and State of Virginia being sick and weak in body, but of sound mind and disposing memeroy for which I thank God for and calling to mind the uncertainty of human life do make this my Last Will & Testament in manner and form as follows.
Item - It is my wish that all my perishable property be sold and out of the proceeds first pay all my just debts and funeral expenses and the balance, if any, to be equally divided between my seven children.
Item - It is my wish and desire that the tract of land I now live on to be equally divided between my [son] THOMAS YANCEY and my [daughter] ELIZABETH giving to ELIZABETH the house I now live in and to THOMAS the house he now lives in each one to account for their proportion of the same at the valuation to be valued by JAMES YANCEY, GEORGE W. WILLIAMSON & JAMES WILLIAMSON and in case of either of these for the surviving one to call on some third man.
Item - It is my wish and desire that the tract of land called the Harrison tract with the small tract I purchased of Nelson to be equally divided between my son CHARLES H. YANCEY and JAMES CLARK who married my daughter LUCY to be divided by the above mentioned men and priced and CHARLES YANCEY and JAMES CLARK to account for the same at valuation and in case my daughter LUCY CLARK should die without issue it is my wish and desire that her portion of my estate should come back and be divided between my other children or the lawful begotten heirs of their bodies.
Item - It is my will and desire that all the balance of my estate, both real and personal be sold and equally divided between my seven children, except a parcel of her clothes which is now claimed by my daughter ELIZABETH which I wish her to have without accounting for.
Item - It is my wish and desire that the negro boy Paul, now in possession of my son THOMAS and negro girl Liza now in possession of WILLIAM CLARK to be returned back to my estate whenever a sale takes place and neither of them to account for any hire of the said negros and it is my further will that THOMAS YANCEY should not account for any rent of the land he now lives on.
Item - All the rest of my estate of what nature or kind it may be not here in particularly disposed of I desire may be equally divided amongst my seven children: [CHARLES H.], THOMAS, ELIZABETH, NANCY CLARK, WILLIAM, ROBERT and LUCY CLARK which I give to them and their heirs, executors, administartors and assignees forever. Except the portion given to LUCY CLARKE and if she should die without issue than her portion to come back into my estate again at her death.
Item - I do hereby constitute and appoint my friends JAMES WILLIAMSON and GEORGE W. WILLIAMSON Executors of this my Last Will & Testament hereby revoking all othes or former wills or testaments by me heretofore made; in testimony whereof I have hereunto set my hand and affixed my seal this 22nd day of April in the year 1840.
JOHN X YANCEY (SEAL)
Signed, sealed and acknowledged in the presence and hearing of us, who at his request and in his presence have subscribed our names as witnesses.
At a court held for Mecklenburg County at the court house thereof on the 1st of August 1840 - the foregoing last will and testament of JOHN YANCEY deceased was this day produced into court and proven by oaths of MILTON KEEN and HEZEKIAH YANCEY subscribing witnesses thereto and JAMES CLARKE appeared and opposed the proofs of the said will whereupon divers witnesses were sworn and examined and the parties by their council fully heard. On consideration whereof it is the opinion of the court that the same be admitted to record.
RICH B. BAPTIST C. C.
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