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