WILL OF PHILIP J. WALLACE

submitted April 21, 2007 by Carol Bowman

See also Charlotte Co., VA will of William Wallace

I, P. J. Wallace, of the County of Lunenburg and State of Virginia, being of sound mind and memory, do make this my last will and testament.

ITEM 1: I will that after my death all my personal property shall be sold in the space of twelve months' time for cash and equally divided as follows: to-wit: to my son, L. T. Wallace, one equal share; to my daughter, Mary J. Smithson, one equal share; to my son, John P. Wallace, one equal share except that I give him the bed that is called my bed extra with its furniture; to my wife, Caroline E. Wallace, one equal share; I will to my son, Emmet P. Wallace, five dollars and to his wife, Julia Wallace, five dollars; and to my grandson, Wirt Wallace, fifteen dollars; and to my grandson, John J. Smithson, my double barrel gun and fifteen dollars; and to my granddaughter, Fannie Smithson, ten dollars.

ITEM 2: To my step-daughter, Laura Bigger, ten dollars.

ITEM 3: I will that my real estate, after my death, shall be sold publicly or privately within the space of twelve or fifteen months for one-half of the purchase money cash, the other half on a credit of five years, with bond bearing interest at six percent, the same to be secured by mortgage or otherwise, and in no case shall the right and title be given to the land until the entire purchase money is paid, but if the purchaser shall at any time during the five years choose to pay the whole amount or any part thereof, my executors will receive it, and receipt for it and the annual payment of the interest will be required on said bond by my executors.

ITEM 4: I will that my real estate, when disposed of, shall go to the four legatees first named in my will.

ITEM 5: I will that my son, L. T. Wallace, and my son-in-law, J. D. Smithson, shall execute this my last will and testament. I further will that they shall distribute the money among the legatees about as fast as they collect it or also the legatees shall demand the whole amount at ten per cent interest.

ITEM 6: If any trouble may arise with the legatees over my estate that they cannot settle satisfactory within themselves, they shall select three disinterested men, unobjectionable to any legatee, who shall hear the complaint, and, after due time for consideration, they shall pass their decision as final; if any legatee shall still object to the decision, he has no further interest in my estate but may retain what he has already had.

ITEM 7: I don't require my said executors to make any oath or give any security for the management of my estate.

ITEM 8: My executors will keep my estate out of Court if such a thing be possible but I require them to settle my estate before a committee of three businessmen who shall be unobjectionable to any of the heirs of the will and said executors shall be subject to their decision and said committee shall be compensated for their trouble not over three dollars per day.

Witness the following signature and seal this twentieth day of October Eighteen Hundred and eighty six.

P. J. Wallace [SEAL]

Witnesses:

B. A. Townsend

N. J. Whitehead

In Lunenburg County Court December 13, 1886.

The foregoing last will and testament of P. J. Wallace, deceased, was this day produced in Court by the Exors therein named, and fully proved by the oath of B. A. Townsend and N. J. Whitehead to the subscribing witnesses thereto and ordered to be recorded. And on the motion of L. T. Wallace and J. D. Smithson the Exors named in the said will, who appeared in Court and entered into and acknowledged a bond in the penalty of $5,000.00 conditioned according to law but without security the will directing that none be required of them which bond is dated to be recorded. Certificate not due from his grant at the said Exors for obtaining probate of said will.

TESTE:

J. L. Yates, C.C.

A copy - Teste:

/s/ J. T. Waddill, Jr.

Clerk of Circuit Court of Lunenburg County, Virginia