I, ZACHARIAH YANCEY, of the county of Mecklenburg and state of Virginia, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following that is to say: in manner and form to-wit:
First: that my executors hereafter named shall provide for my body a decent burial, suitable to the wishes of my relatives and friends, and pay all funeral expenses, together, with my just debts, howsoever and to whomsoever owing, out of the moneys that may first come into their hands as a part or parcel of my estate.
Item 1st: I give and bequeath to my granddaughter MARY ANN TALLEY daughter of PEYTON R. TALLEY & JANE his wife, one feather bedstead and furniture, to her and her heirs and assigns forever.
Item 2nd: My will and desire is after giving off the bed above mentioned, that my executor shall sell all my estate both real and personal, and shall sell my land upon a credit of one and two years credit, equal payments and shall retain the title until the whole of the land money is paid and shall dispose of all, as I shall hereafter name.
Item 3rd: I give and bequeath to my daughter POLLEY YANCEY one tenth part of my whole estate not otherwise disposed of, in this my will and at her death to my lawful heirs to them and their heirs and assignees forever.
Item 4th: I give and bequeath to my son ABSALOM YANCEY one tenth part of my whole estate, not otherwise disposed of in this my will, to him, his heirs and assignees forever.
Item 5th: I give and bequeath to my son JOHN B. YANCEY one tenth part of my whole estate, not otherwise disposed of in this my will, to him, his heirs and assignees forever.
Item 6th: I give and bequeath to my daughter NANCY GRIFFIN, wife of LEWIS GRIFFIN, one tenth of my whole estate, (Except the sum of sixty dollars which amount I have paid for her husband LEWIS GRIFFIN), to her use and at her death to the heirs of her body.
Item 7th: I give and bequeath to my grandson and granddaughter, JOHN LENEAVE and ANN LENEAVE, children of my daughter ELIZABETH LENEAVE, wife of WM LENEAVE, to them to be equally divided between them, one tenth part of my whole estate, and should one of them die before they arrive to the age of twenty one years, the surviving one shall have the remaining part, if anything thereof shall be left after supporting, educating and other expenses in raising the said children and if they both should die before arriving to the age of twenty one years, then my wish is for the balance left by them to be equally divided amongst my surviving lawful heirs.
Item 8th: I give and bequeath to my daughter DOLLEY LENEAVE wife of WM. LENEAVE one tenth part of my whole estate, and at her death to the heirs of her body, if she may have any, if not to my lawful heirs, to them, their heirs, and assignees forever.
Item 9th: I give and bequeath to my daughter AVARILLA DANIEL one tenth part of my whole estate and at her death to the heirs of her body, them and other heirs forever.
Item 10th: I give and bequeath to my daughter JANE TALLEY wife of PEYTON R. TALLEY one tenth part of my whole estate and at her death to the heirs of her body, to them and their heirs and assignees forever.
Item 11th: I give and bequeath to my son WILLIAM L. YANCEY one dollar as I have paid various sums of money for him amounting to more than one thousand dollars, and I consider [this?] will make him a fair and equitable portion according to the value of my whole estate.
Item 12th: I give and bequeath to my daughter in law MELVINA D. YANCEY wife of my son STITH G. YANCEY, one tenth part of my whole estate for the only use and support of the lawful heirs of STITH G. YANCEY, at her death to the heirs of STITH G. YANCEY and their heirs and assignees forever.
Item 13th: I give and bequeath to my son RICHARD H. YANCEY one tenth part of my whole estate to him and his heirs and assignees forever.
Item 14th: An whereas, JOHN LENEAVE and ANN LENEAVE children of WM LENEAVE are minors - Now therefore my will and desire is that my son in law WM LENEAVE and their father, is hereby appointed their guardian.
And lastly I do hereby constitute and appoint my trusty friends EDWARD F. P.POOL and KENNY W. DUNKLY my lawful executors to all intents and purposes, to execute this my last will and testament according to the true intent and meaning of the same. And every clause and part thereof, hereby revoking and declaring utterly void all other wills and testaments by me heretofore made.
In witness thereof I the said ZACHARIAH YANCEY do hereunto set my hand and seal this 28th day of November A.D. 1845.
Signed, sealed, published and declared by the said ZACHARIAH YANCEY to be his last will and testament, in the presence of us who at the request and in his presence do subscribe our names as witnesses thereto.
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