Submitted by B. Carlisle Bowling.
Marshall County Will Book #1, Pages 272 and 273
In The Name of God Amen
I Walter Evans Senr of the county of Marshall and state of Virginia, being of sound mind and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declair this to be my last will and testament
That is to say
First after all my lawful debts and funeral expenses are paid and discharged. The residue of my estate real and personal I give, bequeath and dispose of as follows.
2nd. I give and bequeath to my beloved wife Barbary,the one third of all the grain and other produce raised on my farm To have and to hold the same during her widowhood and natural life for her living and support.
3rd. I give and bequeath my whole farm consisting of three hundred and thirty five acres more or less to my son George Washington Evans upon the following conditions viz--provided that my said son G. W. Evans shall pay to my daughter Elizabeth Evans the sum of Five hundred dollars. To my daughter Mary Anne Griffiths the sum of four hundred dollars. To my daughter Mariah, the wife of Johnathan Roberts the sum of four hundred dollars. To my daughter Eliza the wife of B???ly Berry the sum of four hundred dollars. To my daughter Louisa the wife of Edward Roberts the sum of four hundred dollars. To my son John Evans Four hundred dollars. To my son Walter Evans the sum of Four hundred dollars. And I further give and bequeath to my daughter, Julian the wife of John B. Roberts a certain note dated Jany 10th, 1855 calling for the payment of the sum of Two hundred and fifty three dollars and fifty eight cents payable on day of date and signed by John B. Roberts and also to the same said Julian Roberts the sum of one hundred dollars to be paid by my son G. W. Evans.
The above bequeaths thus made includes all my said farm? to be disposed of and the respective bequests to begin my above mentioned children and to them only.
4th. It is my will and desire that my son G. W. Evans shall pay the several sum bequeaths to my respective children in eight equal annual installments, they being without interest until after the expiration of eight years from the time this my will and testament shall be admitted to probate.
5th. To my son Job Evans and to my daughter Sophia, the wife of David Roberts, I give and bequeath to each of them one dollar each as their full share of my estate real and personal.
Lastly, I hereby constitute, nominate and appoint my friend Geo C. Grus sole Executor of this my last will and testament hereby revoking all others.
In testamony whereof I have hereunto set my hand and affixed my seal this 1st day of April 1856.
Walter Evans, Senr
Signed, sealed, published and declared
by Walter Evans, Senr as his last will
and testament in our presence who at his
house and in his presence have subscribed
Witnesses Jacob Smolley, William P. Gibson
County Court of Marshall County
March Term 1861 Mar. 19, 1861
A writing purporting to be the last will and testament of Walter Evans, Senr., late of this county, but now deceased, was this day offered for probate and the execution and attestation thereof being fully proved by the oath of Jacob Smolley & William P. Gibson the subscribing witnesses thereto and it being proved by George C. Grus, who was sworn and examined as a witness that the testor at the time of the execution and attestation of said will was of sound mind, it is ordered by the court that said writing be recorded as the last will and testament of the said Walter Evans, Senr and on the motion of George C. Grus the person named as Executor of said will who made oath thereto, and together with George W. Evans his surety, who qualified to his sufficency, entered into and acknowledged a bond in the penalty of $300 payable & conditions as the law directs, certificate is granted him for obtaining a probate of said will in due forms.
Arthur M. Gary, Iquim D. Masten, and Jacob Spoon are appointed appraisers.
A Copy Teste: E. W. Caldwell, Clk
Transcribed from a photocopy of the original by B. Carlisle Bowling.