Russell County, Virginia

Will Book 5, Page 1147

Executed 07 Nov 1838

In the name of God Amen.

I Zachariah Fugate Senr. of the county of Russell being afflicted in body but of sound mind and disposing memory, calling to mind the uncertainty of human life, do make and publish this as and for my last Will and Testament, in the words and figures following to wit:

First. I will and bequeath to my son Zachariah Fugate all that tract and parcel of land whereon I now reside to him and his heirs forever, but I will and desire that my loving wife Unity, shall have and occupy the east end of the mansion house, with so much of the household and kitchen furniture as she may desire to retain to her use during her life, and also two good milch cows, and one horse during her life as aforesaid, and to her use as she may in her discretion chose to use them.

Secondly. It is my will and desire that my said son Zachariah shall constantly and kindly provide for and furnish to my said wife every comfort and necessary suited to her ages and cirumstances in life, to provide when necessary some suitable and proper person to attend upon and nurse her, and see that her reasonable wants are always promptly and faithfully supplied so far as that can be done.

Thirdly. It is my will and desire that all my stock of horses and cattle, all my farming utensils and other personal property not herein before mentioned, shall be sold and reasonable credit except one bed and furniture which I will and bequeath to my said son Zachariah Fugate and except the furniture and property herein before devised to my said wife, and out of the proceeds of the sale of my said property, I desire, first, that all my just debts be paid.

Fourthly. I have raised a boy called Ransom Simms who is at present inclined to be wild and ungovernable, but I desire that he shall remain with my wife and my son Zachariah Fugate, and in case he shall do so, untill he arrives at lawful age, and demeans himself with reasonably becomming decency, honesty and propriety then it is my will and desire that my executor herein after named shall upon his becoming of lawful age, give to the said child, a good common rate horse, bridle and saddle, out of the money from the sale of my property as herein before authorized.

Fifthly. I will and desire that after the payment as aforesaid of all my just debts and funeral expenses, the residue if any of monies arising either from the sale of my personal property or the collection of any debts which may be owing to me shall be divided amongst my children, William Fugate, Benjamin Fugate, Cornelius Fugate, Martin Fugate, Patsey Dorton, Nancy Dorton & Zachariah Fugate, according to the several advancements heretofore, by me at any time respectively made to them, either of money or property, directly or indirecyly, so that each may receive more or less according to what has heretofore been advanced to them, provided however, that before any such distribution is made, the legacy herein before mentioned as intended to be given to Ransom Simms shall be reserved.

Sixthly and lastly. I do hereby constitute and appoint my friend G. W. Hopkins executor of this my last Will and Testament

In Testimony whereof I have hereunto subscribed mt name and affixed my seal on this 15th day of July in the year of our Lord, one thousand eight hundred and thirty-five.

Zachariah X Fugate (Seal)

Signed, sealed, declared and published as and for the Last Will and Testament of Zachariah Fugate Senr. and by us attested as such at his request

David X Mahon

Henry Gillespie

Sarah Ann Gillespie

Virginia, to wit:

At a court of quarterly session continued and held for Russell County at the court house on Wednesday the 7th day of November, 1838.

This instrument of writing was exhibited in court as and for the last Will and Testament of Zachariah Fugate Senr. deceased, and proven by the oaths of David Mahon and Henry Gillespie two of the subscribing witnesses thereto and by the deposition of Sarah A. Brown, which was filed with said will; and the court being of opinion that the said writing is the true last Will and Testament of said Zachariah Fugate Senr. deceased, and that at the time of making and publishing the same he was of sound mind and disposing memory, it is ordered that the same be recorded. And on the motion of George W. Hopkins, executor therein named, who made oath, and together with Harvey Gray, Thomas Dickenson and Henry Childs his securities, entered into and acknowledged a bond in the penalty of $2,000 conditioned as the law directs, certificate is granted the said George W. Hopkins for obtaining probat of the said will in due form.

Teste

James P. Carrell CRC