I James S. Browning Of the County of Russell & State of Virginia do make and publish this my last will & testament.
1st, I direct all my just debts and funeral expenses be paid out of any personal property.
2nd, I give and bequeath unto my beloved wife Sally the tract of land which I live and also a tract of forty acres adjoining my home tract and the land of Dr. J.T. Smith's heirs & Abram Fuller, to have said land during her natural life and after her death to be sold and the proceeds to be equally divided between my sons Jessee, John P., James H., and Alfred P. But the said Jessee, John P., James H., and Alfred P.,may if they chose divide the said lands among themselves. My son Alfred P. out of the amount coming to him or out of the part of land is to pay James H., & John P. Browning, each one hundred dollars.
3rd, I give and bequeath unto my wife all my personal property of every kind to use and dispose of as she may chose, out of which she is to pay my Grandson James S., a son of Jessee Browning, twenty five dollars when it suits her convenience to pay the same.
4th, I give and bequeath to my son Alfred P. my tract of land lying in Reed's Valley in Russell County being the tract conveyed to me by Robert Burk.
5th, I give and bequeath unto my son James H. & John P. Browning the tract of land known as the Thomas Price land, said land adjoins my home tract.
6th, I have some notes & on my son Jessee Browning which I bequeath unto him. Lastly, I hereby constitute and appoint my son Jessee Browning executor of this my last will, and give him full power of the land herein before directed to be sold or divided between my four sons is not divided to sell & when paid for to convey the same to the puchaser.
Lastly, I direct that no appraisement be made of my estate. It witness whereof I have hereunto set my hand and affixed my seal this 14th day of January 1866.
James S. Browning (Seal)
Attest:
J.F. McElhenny
A.L Ireson
Wm. A. Gilmer
J.W. Bausell
Codicil to James S. Browning Will:
I hereby change the 2nd sec. of my will made the 14th of January 1866. I direct that the following boundary of the Thomas Price tract vised in my said will to my sons J.H & J.P. Browning in sec 5 of the will be added to the tract of land vised in sec 2nd to my wife and at her death to be equally divided between my four sons or sold as required in said sec. commencing at a Chestnut Aak & Dogwood in the John Thompson line South 16E8 poles to a corner of John T. Smiths & J.H. & J.P. Browning's land thence west running near the top of the ridge to a corner of Abram Fuller's land thence N10E84 poles to a chestnut in John Thompson's line thence with his line N87E75 poles to the Beginning said Boundary, to be my wife's during her natural life and at her death to be equally divided between my four son's Jessee, J.H, & J.P, & Albert P. Browning or sold, as required in said sec 2nd of my said will & I also direct that my son Albert P. Browning shall pay to J.H. & J.P. Browning each fifty dollars in addition to the amount he is to pay according to sec 2nd of my said will to be paid at the same time as the amount mentioned in said sec is due. My wife has as one of the heirs of Thomas Price one tenth part of the said Thomas Price and the request that I have made to her are made upon condition that she relinquishes all title to the said interest in said land to the parties to whom I have devised the same futher change sec 3rd of my will so far as it relates to my Grandson James S. Browning, I direct that the sum of twenty five dollars in said sec to be paid to my said Grandson be paid at the death of my wife, out of the sale of the home tract if sold by my executor or if divided as in my said will directed that each of sons shall pay his equal share of the same. In witness whereof I have hereunto set my hand and affixed my seal this 19th day of January 1866.
James S. Browning (Seal)
Attest:
J.F. McElhenney
B.F. Vermillion
Oliver Aistrop
At a Court of quarterly session held for Russell County at the Courthouse of the 5th day of June 1866. The last Will and Testament of James S. Browning deceased was produced on court and proved by the oath of J.F. McElhenney, B.F. Vermillion and Oliver Aistrop the subscribing witnesses thereto and ordered to be recorded and on the motion of Jessee Browning the executor therein named who took oath of an executor prescribed by law and entered into and acknowledged a bond in the sum of five hundred dollars with John P. Browning & A.P. Browning as his securities thereto conditioned as the law directs. A certificate is granted him for obtaining probate of said will in due form. The estimated value of said estate was proved by the oath of Jesse Browning not to exceed $4500.
Teste J.C. Gent D.C.