In the name of God Amen I John Aytes of the County of Russell and state of Virginia being sick and weak in body but of sound mind and disposing memory (for which I thank God) and calling to mind the uncertainty of human life and being desirous to dispose of all such worldly Estate as it hath pleased God to bles me with I give and bequeath the same in manner following that is to say 1st I desire that my funeral expenses to be paid out of my estate or money which may be in my possession or owing to me
2nd after the payment of my debts I give to my son John Ayts one dollar in addition to a certain tract or parcel of Land which I have given him sd land Lying on Sandy River
3d I give to my son Joseph Ayts one dollar in addition to a certain tract or parcel of Land which I have given him the sd land Lying on bull creke a branch of Sandy River
4th I give to my daughter Ruth Luster one dollar in addition to certain property given to her heretofore
5th I give to my son Richard Aytes the lower end of my Land whar I now live up to a conditional line neare the narrows makd on two white oakes and sickamore on the bank of the River to injoy forever
6th I give to my son Hiram Ayts the upper end of the above mentioned tract of Land whar I now live to injoy ever
7th I give to my son James Ayts a certain tract of Land lying on Sandy River known by the name of the Bramme pleace to injoy forever
8th I give to my wife Coatny all my personal Estate after paying all just claims to enjoy during her lifetime or widowhood and at her decease sd property if any Remaining to gets the thre Last mentioned heirs to be equally divided between them I allso give to my wife Coatney the possession of the house whar I now live during her lifetime or widowhood with the profits arising from the plantation
9th if my sd wif Coatney doath Marry again then she is to be dispossessed of the property house and plantation by my Executor herein after mentioned
lastly I do hereby constitute and appoint my friend Johnston Howard Executor of this my last Will and testam hereby revoking all other or former wills of testaments by me hereby made In witness whereof I have hereunto set my hand and affixed my seal this thirtieth day of September one thousand eight hundred and thirty two
his
John X Ayts (Seal)
mark
signed sealed published and
decreed as & for the Last will
& testament of the above named
John Ayts in presence of us
his
James X Witt
mark
Larkin Herndon
Virginia, to wit - At a court held for Russell County on the 5th day of February 1833. This instrument of writing was exhibited in Court as and for the last Will and Testament of John Yates (Aytes) senr deceased, and proven by the oaths of James Witt and Larkin Herndon the subsribing witnesses thereto, and ordered to be recorded. and on the motion of Johnston Howard executor therein named who made oath, and together with George W. Hopkins(?) his security, entered into and acknowledged a bond in the penalty of $500 conditioned as the law directs, certificate is granted the said Johnston Howard for obtaining probat of the said will in due form.
Teste
James P. Carrell C.R.C.