In the name of God, Amen. I Moses Hurt Sr. of the county of Russell being sick and weak in body, but of sound mind and disposing memory (for which I thank God) and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it has pleased God to bless me with- I give and bequeath the same in the manner following, that is to say: 1st After the payment of all my just debts and funeral expenses, I give to my Dear Wife Nancy during her natural life, the following property to wit: the place on which I now live, all my household & kitchen furniture of which I am now in possession, all my farming tools, one horse, one yoke of oxen, all the provisions, twelve head of sheep, thirty cows, fifteen head of hogs, and my two slaves named Jack & Virginia, secondly I give to my son James P. Hurt my tract of land lying in the county of Washington, which I purchased from Joseph White, to him and his heirs forever. Thirdly, I give to my Daughter Polly White and her Husband Edward White, the tract of land on which they now live their natural life, and after them to their children & heirs forever, also the following property, to wit, two head of horses, six head of cattle, nineteen head of sheep, nine head of hogs, four kettles, two pots, all property which is now in their posession, to be held in trust for the benefit of my Daughter Polly White, and hereby appoint my son James P. Hurt trustee for the same. I do hereby relinquish all the obligations promission which I now hold against the said Edward White. Forth, I give to my two Grandchildren Silas B. Hurt & Mary Ann W. Hurt homes in my home, during their Grandmother's life, and after her death, I give to them equally the tract of land on which I now live and their heirs forever, I also give to my Grandaughter Mary Ann W. Hurt one horse, and one bed and one bedstead and my black girl Virginia after the death of my wife. Fifthly I give to my son James P. Hurt before named black boy named Jack after the death of my wife. Sixthly, I give to each of the children of my son Vincent deceased by his last wife Ann, one dollar each, having given their father, as I conceive, his equal share of my estate. Seventhly I futher give the sum of one hundred dollars to my Wife Nancy, out of which debts due me. Eighthly, I give all my personal property not named above to my Son James P. Hurt and my Daughter Polly White in trust as before mentioned, for the benefit of, and her children. Ninethly, I give all my money not included in the above legacy to be equally distributed between my Son James P. Hurt and my Grandson Silas B. Hurt and my Daughter Polly White in trust as above mentioned for the benefit of her and her children. All the rest of my estate both real & personaly of what nature of kind soever: not herein mentioned, I desire may be equally divided among my several children, which I give to them and their heirs forever. And lastly I do hereby constitute and appoint my son James P. Hurt and my Grandson Silas B. Hurt my execution of this last will & testament hereby revoking all other former wills made by me before. In witness whereof I have herein set my hand and affixed my seal this 23rd day of February 1849.
Moses Hurt Sr. (Seal)
Signed, sealed published and declared by Moses Hurt Sr.
as and for his last will and testament in the presence
of my hearring of who at his request and in his presence
have subscribed our names as witnesses.
John T. Smith
Isaac Johnson
John Barrett
At a court of Quarterly Session held for Russell County at the Courthouse on Tuesday the 6th day of March 1849. This Instrument of writing was exhibited in court as and for the last will & testament of Moses Hurt Sr. Deceased, and proven by the oath of John Barrett, and Isaac Johnson subscribing witnesses thereto, and ordered to be recorded. And on the motion of James P. Hurt and Silas B. Hurt executors therein named who made oath, and together with John Barrett, Isaac Johnson, and John Smith their securities entered into and acknowledged a bond in the penalty of ten thousand dollars conditioned as the law directs, certificate is granted the said James P. Hurt and Silas B. Hurt for obtaining probate of the said will in due form.
Teste
James P. Carrell Ckl.