Will of John Gorby

Submitted by Linda Fluharty.


Marshall County Will Book I, pages 101-102

In the name of God Amen.  I John Gorby of Marshall county Virginia being
feeble in body but of a sound disposing mind do make this my lasy will
and testament as follows viz.  I desire that my body have a decent and
Christian burying and after my decease my wife Elizabeth have the entire
control of my personal property except so much of it as must necessarily
be sold by my executors to meet the just and lawful claims that are against
me.  I desire further that my wife aforesaid have the entire management of
my real estate and the profits of the same at her disposal after all my
just and lawful debts are paid during her natural lifetime.  I will further
that after my decease my real estate be sold and the proceeds of the sale
be equally divided among all my heirs except my son Ezekiel who is to have
one hundred dollars more than either of the other heirs.  I will that if my
sons or either wish to take my real estate at the appraisement they may do
so by paying the other heirs their distributive shares in five equal annual
installments.  In which case my son Ezekiel shall have his extra hundred dollars.

I appoint my wife Elizabeth and son Ezekiel as my executrix and executor
of this my last will and testament.  Signed and sealed this 16th day of
February AD 1848. 

(X Mark) John G. Gorby

in presence of
Edward Dowler
Vincent J. Gorby
David Anguish

Marshall County Court:  March Term 1848

The last will and testament of John Gorby deceased was proved by the oaths of
Edward Dowler and Vincent J. Gorby two of the subscribing witnesses thereto and
is ordered to be recorded. And on the motion of Ezekiel Gorby the Executor there-
in raised made oath thereto and together with Edward Dowler, John Bonar and
George W. Evans his security who qualified to their sufficiency entered into
and acknowledged their bond in the penalty of $2000 conditioned as the law directs.
Certificate is granted him for obtaining a probate of the said will in due form.

A copy Teste
James D. --lloms, clk


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