FRANCIS BROWNING, JR.
Russell County, Virginia
Will Book 4, Pages 39 - 41
Executed 22 Apr 1836
The last Will and Testament of Francis Browning, Junior. I Francis Browning jr. knowing the certainty of death & being now sick and weak of body, but as I __ceive of sound mind & disposing memory do make my last Will & Testament as follows.
In the first place after my death I desire that my executors herein after mentioned do pay and discharge my funeral charges & expenses, which I wish to be such as is suitable to my estate and standing in society. Secondly I give and bequeath to my sons John & William the tract of land on Little Cedar Creek of one hundred and eighty acres, on which my mills are situated, & also the mills & all the machinery connected therewith, and particularly the new dam which I have built above the mills on said creek, and so much of the tract of land on which the new dam is built as may at any time be necessary to the keeping up of said dam to its present height and the free use of the water from said dam to said mills in any manner that may be deemed best for the carrying on said mills & machinery and I give them the exclusive right of erecting mills on said creek so that none are to be built above to interrupt them.
In the third place I give and bequeath to my daughter Elizabeth my plantation on Little Cedar Creek that I bought of Peter Fogleman. And also one young bay mare which is known by the name of the snag mare. And also the two beds and furniture which she claims.
In the 4th place I give and bequeath to my daughter Polly my plantation on Little Cedar Creek which I purchased from James G. Todd. and also one sorrell mare called Cute and also two beds and furniture & a good saddle and wheel.
Fifthly I give to my son John one bay horse known by the name of Tom, and also I give the set of black smith tools at the mills to John & William for the use of the mills And I give to my sons John & William the use of my middle meadow for the term of ten years and the free ingress & egress of the same. I also give to John the saddle which he generally rides & also give to John & William each a good ___. I give to my son William the horse known by the name of ___ and I also give to each of my sons ____________ of my beds & furniture.
6th I give to my two youngest sons Francis and Aaron the plantation on which I now live with all the appurtenances of the same but not include the seventy six acres tract of land which I purchased from McClung and also to each of the two last mentioned sons when they shall arrive at twenty one years of age a good young horse worth eighty dollars. I also give to John & William for the use of the mills my wagon & two pair of gears I also give to beloved wife Sarah all the property she had when I married her not yet disposed of, and also all my household furniture & farming utensils, except the bureau & book case which I give to Elizabeth, & the clock which I give to Polly, and I also give to Polly ten dollars in money to make up the difference to her between the last mentioned bequest to Elizabeth and the one mentioned to Polly. I also give to my wife my two horses Roan and Negro & the black mare called wart. I also give to my son William my gun. I also give to my wife twelve hundred pounds of the bacon now on hands. I also give to my wife all my corn & grain now on hand except one small square crib of corn. I also give to my wife six milk cows, and also give to my wife all the sheep that I got with her now on hands, & the balance of my sheep I give to my two daughters herein before named. And all the balance of my property not herein named I wish sold by my executors on such terms as is usual. And I appoint my son John A. Browning & Dale Carter my executors who are to collect my debts & sell the part of my estate which is to be sold & pay my debts out of the proceeds and appropriate the balance to the schooling of my children. The money and property that is coming to my wife from her father's estate I give to her.
In witness my hand & seal this 27th day of January 1835
Francis Browning (Seal)
Teste
Archer Jessee Senr.
John Browning
At a Circuit Superior Court of Law and Chancery continued and held for Russell County, at the Court House on Friday the 22nd day of April 1836.
This instrument of writing was exhibited in Court as and for the last Will and Testament of Francis Browning deceased and proven by the oaths of Archer Jessee Senr. and John Browning the subscribing witnesses thereto, and ordered to be recorded.
And on the motion of John A. Browning and Dale Carter executors therein named who made oath thereto and together with James Browning and William Browning their securities, entered into and acknowledged their bond in the penalty of $3000 conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form.
Teste,
James P. Carrell C.C.