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Thomas-E-Poythress-Will

DRAFT Transcription

In the name of God Amen I Thomas E. Poythress of the county of Charles City in the State of Virginia being of sound mind and disposing memory do make and ordain this as and for my last will and testament hereby revoking all former wills by me made. First. It is my will and desire that all my just debts be paid as speedily after my decease as practicable. Second. I give to my dear wife Beersheba for and during the period of her natural life all my estate real personal and mixed of every nature and kind whatsoever. Second. At the death of my wife I give, bequeath and devise all my estate real personal and mixed to my brother Joshua Poythress, my nephew William P. Poythress and my niece Nancy G. D. Harrison to be equally divided among them share and share alike to them and their kins forever with this condition annexed, they are to contribute equally to raise the sum of one thousand dollars for Thomas P. Harrison son of Braston Harrison deceased to be paid him at the death of my wife which I give to him and his kins forever. I also give the said Thomas P. Harrison a horse of the value of sixty dollars and my saddles and bridles to him and his heirs forever, this last bequest of a horse saddles and bridles I wish him to have as soon as he completes his education. I also give him my silver watch at my death, but should he die before he receives any or all of the legacies herein given him, then and in that event, I give such as he may not have received to his sister Ceeanna Harrison except the watch which I give to my friend and neighbor Thomas H. Willcox. Lastly. I constitute and appoint my friends George Walker and William P. Poythress executors of this my last will and testament, but only wish George Walker to qualify William P. Poythress only to qualify in the event of the death of said Walker or his refusal to act. In witness whereof I have hereunto set my hand and affixed my seal this 22nd day of March 1847.

Thos. E. Poythress.

Signed sealed published and declared by Thomas E. Poythress as need for his last will and testament in our presence and at his request used in his presence, we have subscribed our names as witnesses. Tho. H. Willcox, William L. Shell, J. B. McCaw.

Codicil. I desire that every executor will immediately after my decease cause the Harrison family burying ground on the Kittic??? estate to be substantially enclosed with brick the measure to be forty feet square. Given now my hand and seal this 22nd date of March 1847.

Thos. E. Poythress

Witnesses.

Tho. H. Willcox, William L. Shell, J. B. McCaw

At a court of monthly session begun and held for the County of Charles City at the Courthouse on Thursday the 15th day of April 1847. This last will and testament and codicil also was produced to the court proved by the oaths of Thomas H. Wilcox and James B. McCaw ??? after subscribing witnesses thereto and ordered to be recorded.

???.

 Edward F Christians. Clck

Commonwealth of Virginia

Charles City County                                                    ???,

I Harris Miles Clerk of Charles City County Court in the State of Virginia do certify the foregoing to be a true copy of the will and codicil of Thomas E. Poythress deceased, and the order of Court admitting the same to record.                  In witness whereof I hereto set my hand and affix the seal of said Court this 26th day of January 1875

                                                            Harris Miles, Clerck

Commonwealth of Virginia

Charles City County                                                    ???

            I Isaac H. Christian Judge of Charles City County Court do hereby certify that the foregoing copy of the last will and testament and codicil thereto of Thomas E. Poythress and of the order of Court admitting the same to record is attested in clear form, that the signature of Harris Miles as Clerk is authentic, and that he was at the date of such attestation clerk of the Court aforesaid and keeper of the records thereof. Given under my hand as Judge of the Court aforesaid this 26th day of January 1875.

                                                            Isaac H. Christian

                                                Judge of the County Court of Charles City County

State of Kentucky

Butler County                                                  ???

                        At a County Court held in and for Butler County at the Court house in Morgantown on the 8th day of March 1875 the foregoing instrument of writing purporting to be        a copy of the last will and testament of Thomas E. Poythress decd, was presented to Court and ordered to be recorded as and for the last will and testament of said Thomas E. Poythress whereupon the same and the certificate thereto attached and this certificate have been truly recorded in my office.

                                    Witness my hand as Clerk of said Court this 6th day of April 1875

                                                                                                T. J. Bunch, Clerk

Below is an account of a law suit brought by the Harrison family arising from the execution of the will.

Harrison-v-Poythress