Will of John B. McPhail,
Clerk of Courts, Charlotte County, Virginia
Will Book 27, Pages 539/540

Transcribed by Brady Fitts

 I John B. McPhail of the County of Charlotte and state of Virginia do hereby make my last will and testament in manner and form following that is to say:

 Firstly I desire that all my just debts, except those herein after provided for, be paid out of the perishable part of my estate of my estate on my Mulberry Hill tract of land in the County of Charlotte. 

 Secondly After the payment of my debts, except those herein after provided for, I give to my son Paul C. McPhail all of my crops garnered and growing: my entire stock of horses, mules and cattle & all of my vehicles, farming implements and gearing upon my said Mulberry Hill tract of land. 

 Thirdly I give to my daughters including Nanny  C. Bolling, all my silverware to be equally divided between them by my executor herein after named. 

 Fourthly I desire that my tract of land situated on Dan River, in the County of Halifax and State of Virginia & known as Oakhill containing one thousand acres of land more or less be equally divided as to acreage of highlands and low ground by my executor herein after named.  The one half & upon which is the residence formerly occupied by me I give to my son Donald McPhail, to him & his heirs forever.  The other half adjoining the lands of the estate of Dr. Marcus Harris deceased & others.  I give to my daughter Lily, Wife of Wilson M. Cary and her heirs forever.  The unpaid rents & profits arising from the crops garnered & growing upon the afore said lands I give to be equally divided between my daughter Lily & my son Donald after paying out of such rents & profits the unpaid taxes & current expenses of the said estate. 

 Fifthly I give to my granddaughter Nannie C. Bolling my smaller tract of land, situated on Cumberland River near Dycusburg in State of Kentucky, to her and her heirs forever. 

 Sixthly My larger tract of land situated on the Cumberland River, in the County of Lyon, Kentucky.  I desire to be equally divided as to acreage of high land & low grounds.  The upper half of said tract adjoining the lands of Borighter and others.  I give to my granddaughter Jane W. McPhail to her and her heirs forever.  The other half of said tract I give to be equally between my daughter Lil B. Cary and my son Paul and my son Donald, to them & their heirs forever. 

 Seventhly I give to my son Paul C. McPhail all of my Staunton River low grounds lying between the Richmond & Danville Rail road and Little Roanoke Creek, all my Little Roanoke flats, between the line of Capt. W. M. Watkins dec.d & the abutment of the County Bridge across Little Roanoke near Randolph Station, my field on East side of Little Roanoke Creek, containing forty acres more or less & adjoining the lands of A. C. Bruce & brother all cleared high lands of what is known as Littie Field and not less than One Hundred acres of forest land adjacent thereto, and an additional quantity of highland convenient to the parcels of land herein particularly designated and lying between to Overseers Spring Branch & the line of the said William M. Watkins dec.d, which quantity added to the parcels herein before designated shall make a tract of six hundred acres of land to him and his heirs forever. 

 Eighthly The remainder of my Mulberry Hill Estate containing One Thousand & thirty nine acres more or less including the residence and out buildings thereon, the lots & buildings at Randolph Station I give to my son Jno. B. McPhail, him and his heirs forever, on the following conditions (1st) that he shall surrender my two bonds due from me to him & the principal of which amount to Thirteen Hundred & six dollars.  (2nd) that within twelve months after my will is recorded, he shall pay to my daughter Nanny C. Talcott three thousand dollars in money.  (3rd) to my granddaughter Nannie C. Bolling two thousand dollars in money.  (4th) to my son Paul C. McPhail seven hundred dollars in money.  In witness whereof I have hereunto set my hand & affixed my seal this third day of May in the year of our Lord 1887.

John B. McPhail SEAL

 P.S. of this will written with my own hand & signed by my own hand I appointed my son John B. McPhail my sole Executor & request no security be required of him, as witness my hand & seal.

John B. McPhail  SEAL

 Codicil

My unpaid indebtedness to my son John B. McPhail contracted since the third day of May 1887, the date of my above will.  I wish charged to my whole estate & deducted in equal proportions from the several bequests made in my above will that is to say I wish each of the devisees charged in equal amounts of said indebtness.  My household & kitchen furniture and books I give to my son John & Paul jointly except the furniture in the lodging above the dining room which I give to my son Donald McPhail.  To my son Clem I give my gold watch.

 In witness whereof I set my hand & seal this 15th day of February A.D. 1890.

John B. McPhail  SEAL

 In Charlotte County Court December Term 1891.

A paper writing purporting to be the last will & testament of Jno. B. McPhail decd was this day produced in Court by Jno. B. McPhail the Executor therein named and there being no subscribing witness thereto, R. D. Adams & J. C. Watkins were sworn & severally deposed that they are well acquainted with the testators hand writing and verily believe the said will & postscript & codicil thereto attached and names thereto subscribed to be wholly in the hand writing of the said testator, whereupon the said paper writing is ordered to be recorded as the true last will and testament of the said Jno. B. McPhail decd and on the motion of the said Jno. B. McPhail Exor. Therein named, who made oath thereto and entered into & acknowledged a bond in the penalty of $20,000.00 without security the said will directing that none should be required conditioned according to law certificate is granted him obtaining a probate of said will in due form.

 Teste  J. C. Carrington Clerk