Michael Brown Will
I Michael Brown of the county of Wythe and state of Virginia being old but of sound mind and disposing memory for which I thank God and calling to mind the uncertainty of human life and being desirous to disposing of all such worldly estates and pleased divine providence to leave me with. I give and bequeath the names in manner following that is to say:
1st I desire that the children of my son Samuel Brown (dec,viz?) Adams, Rufus, William J., John W., Milton, Andrew, and Hazekial together receive one equal portion of my estate (after deducting those from the amount already received by my said son Samuel Brown in money and property with which he stands charged in a book kept by me for that purpose) to be paid over to them on their legal representatives as they eventually become of age, and to be enjoyed by them and their heirs forever. Gladly I give and bequeath to my sons Joseph, Isaac, Hezekial, Benjamine, and Ephrian, and William each the lands on which they live (and for which they severely stand charged in the book kept by me as foresaid), to be enjoyed by them and their heirs forever.
3rdly, I give and bequeath to my son Joniah ? the land on which he now lives the same purchased by me of William Newland bounded as follows: Beginning at a Sicamore on the bank of Read Creek near a spring and runneth thence N 37 W 20 poles to a sugar tree by a road at 2 E 11 & 1/2 poles to a small walnut near a school house^ W 24 3/11 8 poles to a WO corner on the old line at 20 E ^poles to a WO in a field ^ 81 N W 10 poles to a WO and dogwood^ W poles to a long black oak and small chestnut oak, N 32 poles to a Wo and Hchickory at 81 W 4 poles to a dogwood at 5 1/2 E 168 poles to two WO and B.O. on the top of a ridge, thence nearly the same course about 12 poles to a black oak, Gullions Corner E 61 poles to a red oak and black oak on the top of a ridge S 63 E 40 poles to a spanish oak, S 10 W 104 poles to between a ash and WO at 85 W 26 poles to a WO S 78 W 68 poles to a WO on top of a ridge S 21 W 60 poles to a WO,S 68 E 8 poles to a W.O. at and 84 E 45 poles to a WO 10 E to 36 poles to two WO on the bank of the creek, thence up creek 37 poles to a locust on opposite bank, thence leaving the creek and 9^ E S E 112 poles to a cucumber in Wards Line and with a line of same to a WO on the bank of the creek thence up creek to the beginning all the lands within the boundary aforesaid. I give to my said son Joniah and with which he also stands in the same book charged to be enjoyed by him and his heirs forever. NOTE (I did the best I could with land description as it is very hard to see).
4th I give and bequeath to my son Rufus all the balances of my lands in the County of Wythe, and with which he also stands charged in the book aforesaid to be enjoyed by him and his heirs forever.
5thly. It is my will and order that my daughters, to wit: Anna, Ally, Elizabeth, Polly, Ruhanna, Lydia and Sophie be severally made equal with each of my other children. In manner hereinafter directed ie. if the moneys arising from the sales of my property be insufficient with the amount they severally stand charged for money and property then and in that case it is my will and order that such of my sons who stand charged with more than one 16th or equal share of my estate after deducting therefrom all expenses and such other distributions as I may make by this will, refund, to my said daughters or such other of my children who may not have received an equal portion of my estate, in proportion to the amounts which they severely stand charged, and such refunding payments to be made annually, to commence in 12 months after my decease bearing interest from that time and to be so averaged that the annual installments of such to exceed $150.00.
6thly. It is my will and order that my daughters Polly, Ruhanna shall have and ? the rest of the horses. ? independent of thirty five hundred dollars charged to my son Rufus for the land bequeathed to him in the fourth section of this will. I here charge him the further sum of $500.00 for the sole use and benefit of my said daughter, Polly, which sum on account of extradinary services rendered by her in my family she is not to account for in any way or manner. If, however, my said son, Rufus will furnish my daughter Polly boarding and firewood free of charge so long as she remains un married then, and in that case it is my will that he retain and have the use of said $500.00 free of interest , but should she at any time leave the family of my son Rufus then I order that he pay her the full sum of $500.00 in 5 annual payments of $100.00 each.
7thly I desire that my daughter Polly shall (if she may think proper) have one horse beast, and one slave choice, the horse at $75.00 and the slave at $400.00.
8thly. It is my will and order that the balance of my slaves should fall into the hands of some of my children and therefore that they be put up by my executor hereinafter appointed at the earliest conventient time after my decease and sold to the highest bidder Amongst My Children Only.
9thly and lastly I do hereby contribute and appoint my son in law James Huddle and my son Joniah Brown, executors of this my last will and testement hereby revoking all other former wills or commitments by me heretofore made. I have here unto set my signature my seal, this 6th day of March in the year of our Lord, one thousand eight hundred and forty three.
Signed, sealed, published, and declared by Michael Brown as and for his last will and testement in this present and hearing of us, at his request and in his presence have subscribed our names, Daniel Brown, Efhrain Ward, John St. Brown, H. Johnston.
Virginia at a court held for ?, county of the courthouse on Monday, 13 August, 1849. This the last will and testement of Michael Brown, deceased was presented in court provided by the oath of Daniel Brown John St. Johnston to the subscribing witnesses. thereto in order to be recorded. And on the motion Jonas Huddle Josiah Brown the executors names in said will, who made oath thereto and together with Daniel Brown, Eli Davis and Joseph Cafsell, the securities entered into and as his ledged a bond in the ? word as. The law directs, certificate is granted them for obtaining probate of said will in due form.