August the 29th 1849. This is the desire or last will and testament of Neely McGlothlin, deceased who did live in Russell County Virginia. Some few days before decease, there being noo convenience of leaving a lawful will he called on Moses Hurt and Johnathon Boyd who was his friends, neighbors and fellow citizens, saying that it was his desire that they should settle his business by selling so much of his property as will pay all his debts, and the remaining property to be left with his wife to raise his children on. He also desired that the two oldest work horses should be left on the place and that his daughter Katherine's mare should be left on the place, He also desired that no property be given to any of his children until they married and settled themselves. He wanted his wife as the children married and settled to give them such things as she could spare them, and try to proportion them all equal.
At Russell September Court 1849 The foregoing writing was exhibited in Court as the nuncupative will of Neely McGlothlin de'cd whereupon Moses Hurt was introduced as a witness to prove the same, who being first duly sworn deposeth and saith, that a few days before the death of said McGlothlin he made a nuncupative will which he said Hurt reduced to writing, some three or four days after said McGlothlin's death, that said McGlothlin was of sound mind, and that said will was made during the last sickness of said McGlothlin-
Jonathon Boyd who was sworn as another witness deposed to the same facts except that he did not reduce the same writing. Whereupon it is ordered that the said writing be established and recorded as the last will and testament of the said McGlothlin deceased.-
And on the motion of Moses Hurt and Jonathon Boyd who made oath, and together with William B. Aston, and Isaac Johnson their securities entered into and acknowledged a bond in the penalty of $2000.00, conditioned as the law directs, certificate is granted them for obtaining administration of said decendant's estate with his will annexed in due form.
Teste James P. Carrell CRC