I, Johnston HOWARD, of Russell County and State of Virginia do make and publish this my last will and testament, hereby revoking and making void all former wills made by me at any time heretofore.
First I desire at my Death to be decently buried according to the customs of the Country in which I live and all my just debts and funeral expenses to be paid by my executors as soon as they can do it out o f any moneys that may belong to my estate.
Secondly, I give to my son John T. Howard my interest in all the tract of land on Lewis Creek, together with all my interest in all the forge fixtures, said mill, and all my interest in all improvements made on said tract of land. I also give to the said John T. Howard four hundred dollars that I shall require my son Johnston Howard Jr. to pay him in two years after my death.
Thirdly, I give to the legal heirs of my son Wm H. Howard the three tracts or parcels of land where they and which is known by the name of the McGlothein tract and the Robinson tract and the small tract that I bought of H. S. Smith that adjoins the said Robinson tract to be equally divided between all the said children.
Fourth, I give to my son Hirum Howard the tract of land on which he lives of about 108 acres, and I require him to pay to my Daughter Rebecca Hurt on hundred dollars at my death.
Fifth, I give to my son Johnston Howard (Jr) the tract of land on which I now live of about (300) three hundred acres which is known as my home tract, and I require my said son Johnston to pay to my said son John T. Howard four hundred dollars as stated in the second article, and he is also to pay to my daughter Rebecca Hurt the sum of four hundred dollars at my death.
Sixth, I give to my son Robert G. Howard three tracts of land; that is the two tracts that I bought of John Ball, and known as the Ball land, and the tract I bought of John T. Smith that adjoins the said Ball tracts.
Seventh, I give to my two Daughters Elizabeth Smith and Mary Brown the tract of land lying above Hiram Howard's of about 100 acres, which said tract I bought of J. Fuller to be equally divided between the said two Daughters.
Eighth, I give to my Daughter Nancy Counts the two tracts of land where she lives at Blacks ford, which said tracts lies on both sides of the River and known as the Black land the $100.00 that D. Counts paid in said land is not to be paid back to him but is considered in this land.
Ninth, I give to my Daughter Rebecca Hurt the sum of five hundred dollars four hundred of it is to be paid her by my son Johnston Howard, Jr. as in article 5 and one hundred to be paid her by son Hiram Howard as in article 4 all to be paid her at my death.
Tenth, I direct that all the balance of my Estate both real and personal not herein disposed of be equally divided amongst all my children equally alike.
Eleventh. I hereby appoint my two sons John T. Howard and Robert G. Howard Executors of this my last will and testament. In witness where of I the said Johnston Howard sets my hand and seal this the 1st day of May 1871.
Signed: Johnston Howard
Signed, sealed and delivered in the presence of us, all present at the same time, and at his request signed our names as witnesses to this writing his last will & testament.
Signed: Martin Honaker, John W. Ball, Thomas W. Davis
At a Court held for Russell County on the 6 day of May 1873.
The last will and testament of Johnston Howard dec'd was this day presented in court and proven by the oaths of Martin Honaker, John W. Ball, and Thomas W. Davis the three subscribing witnesses thereto and ordered to be recorded, and on motion of John T. Howard Sr. and Robert G. Howard the executors therein named who took the oath of an executor prescribed by law, and entered into and acknowledged a bond in the sum of $1600.00 together with George R. Cowan and Silas B. Hurt as their securities thereto conditioned as the law directs. A certificate is therefore granted them for obtaining probate of said Will in due form.
A copy. Teste J.C. Gent