I John Browning being of sound mind and disposing memory do make this my last will and testament hereby revoking and annuling all former wills and codicils by me at any heretofore made.
1st, I will and direct that all my just debts and funeral expenses be paid out of my estate as soon after my death as can be done by my Executor.
2nd, My will and desire is that my beloved wife Mary, shall hold and enjoy during her natural life, one third of all my real and personal estate apart of which is to include the orchard, garden, dwelling house, and any buildings, and one half of my meadow, the two beds, bedstead and bed clothing, that she bought to me at our marriage, and the safe I will to her absolutely to dispose of as she sees fit. In selecting her third part of my personalty I desire that she be at liberty to select such property as she may think suits her best, and such as she selects is not to be sold by my Executors. In addition to the foregoing I give her one hundred dollars in money for the purpose of repairing her third of the land herein devised to her.
3rd, My will and desire is that my Executors herein after named sell at public or private contract and on such terms as may seem to the interest of my estate, all my lands subject, however, to the lifetime estate of my said wife, and also all my personal property not devised to my said wife, and collect all my debts, and divide the proceeds arising from said sales and debts equal, between my four daughters and the heirs of Eliza Vermillion, but the heirs of Eliza Vermillion to have only one child's share, that is to say: Polly Gilmer one full share, Elizabeth Browning one full share, Nancy A. Horton one full share, Catherine Reynolds one full share, and the heirs of Eliza Vermillion one full share.
4th, My will and desire is that my son Charles M. Browning and his heirs have no part of my estate, he having received all that I intend for him to have out of my estate in advancement heretofore made to him.
5th, I hereby constitute and appoint B.H. Reynolds and Charles H. Gilmer as my Executors. In witness whereof I hereunto sign my name and affix my seal July the 8th 1878.
John Browning (Seal)
Signed, Sealed and acknowledged in the presence of us
C.H. Gilmer
Wilson Browning
Who witnessed it at the request of the testator in his presence and in the presence of each other.
I John Browning being desirous to make one other bequeath to my last will and testament do make the following codicil thereto. My son C.M. Browning having by some means gotten in to his possession a note which was due my wife from him and for which she has never been paid and being desirous that she shall be paid for the said note as bequeath to her, the following property to wit: One brown mare, one three year old mule, my yoke of oxen, and my half of the two horse wagon, to take possession of at my death and use as she may see fit. In witness whereof I have hereunto set my hand and affixed my seal this 25th day of July 1878.
John Browning (Seal)
Signed sealed and acknowledged in the presence of us
V.B. Gilmer
T.H. Harris
Who witnessed it at the request of the testator and in the presence of each other.
At a Court continued and held for Russell County at the Courthouse thereof on the 7th day of Sep 1878. The last will and testament of John Browning dec. together with the codicil thereto annexed was this day produced in court and proven by the oaths of Wilson Browning and Chas H. Gilmer the two subscribing witnesses to said will and also the oaths of T.H. Harris and V.B. Gilmer the two subscribing witnesses to said codicil to said will attached and ordered to be recorded. And on the motion of B.H. Reynolds and C.H. Gilmer the Executors therein named who took oath of an Executor prescribed by law and entered into and acknowledged a bond in the sum of $8000.00 together with Wm. G. Cowan and J.C. Gent as their securities thereto conditioned as the law directs. A certificate is granted them for obtaining probate of said will in due form.
Teste: V.B. Gilmer D.C.