In the name of God amen. I Martin P. Herndon of the County of Russell, State of Virginia, being in a low state of health, but perfect in mind and memory calling unto mind the mortality of my body and knowing that it is appointed unto men onst to die, do make and ordain this my last will and testament, and as touching my wordly estate wherewith it has pleased God to bless me with in this life, I give and dispose of the same in the following and manner and form.
First, I give and bequeath to my son John G. Herndon, one horse beast, saddle and bridle, one cow, and one bed in all worth seventy dollars, he being the only child that has left me and this being the amount he now has in his possession and which is the amount I wish every child to receive in property, at its value out of my estate on becoming twenty one years of age or marrying and going to themselves to be disposed of, to them as my wife Elizabeth and John G. Herndon may think just and equatable, and if they disagree to be valued by disintressed men, whom I constitute and make my executors, be it understood that all the property I have in possession both real & personal to remain in the hands of my wife without any appraisement for the use and benefit of my family during her life time or widowhood, to be disposed of as above directed as my heirs become of age but apon her death or marriage, then all to be sold and divided equally amoungst all my children. As to the money I have in hand and that is owing to me, let it be collected by one of my executors John G. Herndon and equally divided amongst all when my youngest child is of age, my wife to have a child's part of said money and if then should there be any property for to dispose of my wife Elizabeth or my son John G. Herndon my executors each or either of them to have the right to sell or trade it to the best advantage for the use of the family and as for the blacks, my will is that they should all be kept then until my youngest child becomes of age and then divided upon equal terms as possible, at the discretion of my lawful heirs provided that they make my negros behave themselves but if they become unruly and it is thought best by my executors to sell or hire them, for them to have the power to do so and divide the proceeds as above stated in my other property, and I do ratify and confirm this and no other, to be my last will and testament, in witness whereof I have hereunto set my hand and seal this third day of October 1843
Martin P. Herndon (Seal)
Teste
James McFarlane
James P. Hurt
Isaac Johnson
Moses Hurt
N.B.
I also constitute and ordain my son John G. Herndon, guardian for all my children under the age of George and he, George may recieive his portion when necessary, also Polly and Rachel may receive theirs that is the property part by giving their receipts for the same.
Martin P. Herndon (Seal)
Teste
James McFarlane
James P. Hurt
Isaac Johnson
Moses Hurt
Virginia: At a Court of Quarterly Session held for Russell County at the Courthouse, on Tuesday, the 2nd day of March 1847. This instrument of writing with the supplement thereto was exhibited in court as and for the last will and testament of Martin P. Herndon deceased, and proven by the oaths of Isaac Johnson and Moses Hurt, two of the subscribing witnesses thereto and ordered to be recorded and on the motion of Elizabeth Herndon and John G. Herndon executrin & executor therein named who made oath, and together with Moses Hurt and James Samples their securities entered into and acknowledged a bond in the penalty of $6000.00 conditioned as the law directs, certificate is granted the said Elizabeth Herndon and John G. Herndon for obtaining probate of said will in due form.
Teste James P. Carrell CRC