I James T. Clayton, of Chesterfield County, Virginia, being of sound mind and disposing memory, do hereby make, publish and declare this to be my last will and testament, hereby revoking all wills previously made by me.
First, I direct my executor hereinafter named to pay all my just debts as soon after my decease as shall be practical.
Second, I hereby give and bequeath unto my beloved daughter Mary R.Mann all my household and kitchen furniture with the exception of a bed and the furniture personally used by me, Which I hereby bequeath to Horace L. Clayton, my grand-son.
Third, I also hereby bequeath to my said grand-son One Hundred Dollars ($100.00) which I have deposited several years ago in the Petersburg Savings and Trust Company, Together with all interest that may have accumulated or may accumulate hereafter, same to be his when he arrives at the age of twenty one years, and if he should die before that time it is to be used for his burial expenses.
Fourth, I hereby give and devise unto my son, E. H. Clayton and my said grand-son, Horace L. Clayton that certain lot or parcel of land situate and being on the North side of Church Road, Chesterfield County, Virginia, Containing one hundred acres, more or less the same to be divided up at my death as that each will have in his own right fifty acres, more or less.
Fifth, I hereby give and devise unto my oldest son, W. B. Clayton, and daughter Mary R. Mann, all of my land situate on the South side of Church Road, Chesterfield County, containing one hundred and twelve acres, more or less, the same to be divided in equal proportions as nearly as possible as they shall determine between themselves.
James T. Clayton
Sixth, I desire that the family burial ground on the said above property shall never be sold or conveyed. After the payment of my debts and the above bequeats and devises all the rest and residue of my property of whatsoever kind, nature of description or wheresoever situated, I hereby give, bequeath and devise unto my three children above named and my grand-son Horace L. Clayton and especially request that the same may be satisfactorily divided as nearly equal as possible between them without any sale, but in the event they are unable to agree in the division of the whole or any part thereof, then the same shall be sold and the proceeds thereof divided.
Seventh, I hereby nominate my daughter Mary R. Mann to be the guardian of my grand-son, Horace L. Clayton until he arrives at the age of twenty-one years with full power in her to direct, superintend and manage any property or estate, herein divised or bequesthed to him, and request that she be allowed to qualify as such without surety.
I hereby nominate and appoint my three children, W.B. Clayton, E. H. Clayton, and Mary R. Mann to be my executors of this my last will and testament and especially request that they be allowed to qualify as such without surety being required of them, I also desire that there be no inventory or appraisement of my estate.
In witness whereof I have hereunto set my hand and affixed my seal to this my last will and testament consisting of two pages this 8th day of April, 1922.
James T. Clayton
Signed, sealed, published and declared by James T. Clayton as last will and testament who in his presence and at his request in the presence of each other, have hereunto subscribed our names as attesting witnesses.
Harry L, Snead
Gordon W. Shepherd
Virginia:
In Chesterfield Circuit Court Clerk’s office the 12th day of March, 1929. This day there was presented for probate, a paper writing bearing the 8th day of April 1922 purposting to be the last will of James T. Clayton who died a resident of Chesterfield County on the 23rd day of January 1929, and the due and proper Exection of said writing being fully proved by the testimony of Harry L. Snead and Gordon W. Shepherd the subscribing witness thereto the same was admitted to probate and recorded as the last will of said James T. Clayton, deceased and then W. B. Clayton, Mary R. Mann and E.H. Clayton, the executors and Executrix named in said will qualified by taking the oaths prescribed by law and entering into bond in the penalty of fifty dollars without surety, the testator in his will requesting that none be required and the will so requesting no appraisers were appointed, and said Mary R. Mann Exeutrix made and filed a list of the heirs at law of the testator.
Witness: Philip V.Coghill, Clerk of said Courts, the 12th day of March 1929.
Signed-Philip V. Coghill, Clerk
List of heirs of James T. Clayton who died testate a resident of Chesterfield County.
Relation age address
W. B. Clayton son 58 Petersburg, VA
Mary R. Mann daughter 54 Ettrick, VA
E.H. Clayton son 52 Richmond, VA
C. C. Partin Grandson 25 Hopewell, VA
C. F. Partin " 21 Hopewell, VA
H.M. Partin " 15 Ettrick, VA
J. A. Partin " 11 Ettrick, VA
I ceritfy the foregoing to be a correct list of the heirs of James T. Clayton dec’d.
Signed- Mrs. Mary R. Mann, Executrix.
Subscribed and sworn to before me March 12, 1929.
Signed- Philip V. Coghill, Clerk
REF!- Will Book 34, Nov 1928 to Dec 1931, pg 37-39.
Transcribed By Lucy Partin