Col. John Preston of

(Will Book No. 16 - Page 238)

I, John Preston, Jr., of Washington County, do make and publish this my last Will and Testament in manner following:

1st. I desire my Executors hereinafter named to pay all of my just debts.

2nd. I devise to my great grandchildren, the descendants of my oldest daughter, Susan S., who married Joseph C. Rhea, the sum of one thousand dollars to each of them in number, namely: William R. Sheffey, Elizabeth Sheffey and John P. Sheffey or to the survivors or the survivor, to be paid to each of them by my son Francis as they severally arrive to the age of twenty-one, except the daughter, to whom payment is to be made at the age of 18 years. I make this requirement of my son Francis, to whom I have given my land on Walker's Mountain extending westward from his land along the main mountain to David Saltzello's line.

3rd. I devise to my great grand children of William C. Edmondson by my granddaughter, Susan E. Rhea, the bond or note of their father's for about $900 which I now hold on him.

4th. I hold a note for $100 of my former son-in-law, Joseph C. Rhea which is to be surrendered to his representative.

5th. I heretofore conveyed to my son, Robert F., the plantation on which he now lives, and afterwards bought 300 acres of the same land on the south or southeast side of the main road from my own dwelling and along the road, and to below the fork of the creek for the sum of $6000.00, and now I do further devise to him the following slaves in possession, namely: Mary, Viney and her family, Caine and Polly and her family, and should there be any evidence of debt from him to me found amongst my papers, they are to be given up to him as cancelled and to be a full discharge of any claim he may have against me for services of any kind.

6th. I have hereto-fore given to my son-in-law, James L. White, and to my daughter, Margaret, now both deceased, a variety of property consisting of land, slaves, and monies (all of which should it be necessary) I desire to devise and hereby confirm to their heirs by this will.

7th. To my son, William A. Preston, in addition to what I have given him by deed, I now devise to him and his heirs the tract of land lying in Lee County known as the Wild Cat Valley place. I likewise devise to him the tract of land lying in Wise County called the Dysart Tract containing 375 acres. I also devise to him any claim which I might have against him for land or money appropriated by me to the payment of his debts and the property I bought at his sale and that I loaned to him by deed, of record in the Court House office of Washington County. This devise is intended to embrace the negroes that are in his possession if they are omitted in the deed last named.

8th. To my daughter, Ellen P. Sheffey, in addition to various tracts of land, I now devise to her a sum of money now in the hands of her husband of $1,400 or $1,500 for which I hold his obligation. I likewise devise to her the money still due me on the Smyth County bond in the hands of her husband, James W. Sheffey, which obligation and bond are to be delivered to her by my Executors-Intend them for her sole use and benefit.

9th. To my son, John Preston, of Louisville, and my son Walter E. Preston of Arkansas I devise all the slaves they carried to Arkansas, and no demand is ever to be made of them or either of them for any money advanced to them at that time, or for hire of the said slaves, and any claim against them, or either of them, that may be found amongst my papers, are to be considered duly discharged and cancelled.

10th. To my daughter, Elizabeth Madison Preston, I devise the tract of land lying on both sides of Beaver Creek containing 765 acres beginning at a triple elm in a deep hollow, thence N. 22 E 87 poles to a dogwood and white oak stump (pointers) S 80 E 56 poles to crossing the dry branch to a stake in a flat near the road to Mrs. Rhea's; thence N 37 1/2 E 80 poles to a white pine N 15 W 108 poles to a small red oak on the top of a ridge and near a break in said ridge (pointers) N 66 W 63 poles to a corked white oak, crossing Beaver Creek to a bunch of maples on the North Bank N 22 W 12 poles to a Sassafras on the north side of the main road -- to the beginning. I likewise devise to her 100 acres of the land lately bought of Robert F. Preston to be laid off on the north side and along her line as already described from the Great Road to the eastern boundary on top of the second ridge. I likewise devise to her the following slaves: Edward and Caroline and their family, George, Beck, Ben, Ida and any increase of the females. And I give to her as of her wardrobe, three beds and necessary bedding, and the one-half of my home stock of cattle, horses, sheep and hogs, and one-half of my household and kitchen furniture.

11th. I devise to my son, Francis, in addition to what I have conveyed to him, the tract of land on which he resides, and lands on Walker's Mountain; a small tract of land lying on the north side of the Island Road including a part of the Large Pond. I likewise devise to him a tract of land on Walker's Mountain lying between his 1700 acres on the East and David Saltzelle's on the West. I make this latter devise to him on the express understanding that he pay to my great-grandchildren, William R. Sheffey and Elizabeth Sheffey and John P. Sheffey, the sums above devised to them. I likewise devise the land on the west end of Walker's Mountain to my said son, Francis on which Dennis Bridges now lives between the lines of David Saltzelle's, A. F. Bradley, Mrs. Hanby and others. And likewise the two small adjoining surveys for which I have grants. And I confirm to my said son any money, slaves or other property heretofore given him and I release my sons, Francis and William A., from the payment of a note I now hold on them.

12th. I devise to my daughter, Jane P. Craighead, and her heirs, a tract of land lying and being in Sullivan County, Tennessee at the mouth of Beaver Creek. I likewise give her forty shares of Bank Stock in the Exchange Bank of Virginia, unless I dispose of them or the proceeds of them during my lifetime. I likewise give to her any money or slaves (including Lizzy) or other property that I may have given her heretofore.

13th. I devise to my son, James T. Preston, two tracts of land in Scott County on the North Fork of Clinch River known by the name of Drake's Camp, supposed to contain 1200 acres, clear of all encumbrances, being the place where Col. Robert Spur lives. I likewise give him any money due me by note.

14th. To my son, Thomas W. Preston, I have heretofore given land, negroes and money, as much as I intended. But I now give him my negro girl Adeline.

15th. To my son, Henry Preston, I devise my place of residence and his place of residence, embracing thereby all the land in my grant from the Commonwealth of Virginia of 4,800 acres except 62 acres on the Northwest side of the main road.

16th. To my grandson, John, son of Francis, I devise 200 acres lying on the east end of my home place, adjoining the Messrs. Campbells to be laid off so as to embrace that portion of land coming to the main road, nearly opposite the great Hurricane Pine, but should my grandson die before he arrives to the age of 17 years, I devise the same to Francis, his father.

17th. To my son, Henry, I devise the following families of slaves: Isaac and Lucy and their family of children; Andy and Mishey and their family; Betsy and Glory and her children and Bill. I likewise devise to my son, Henry, all the stock of every kind on my place at my death after fulfilling the forgoing devise. I give to my son, Henry, the remaining half of my household and kitchen furniture.

18th. It is not intended to devise the Walnut Grove Meeting House and the graveyard to my daughter, Elizabeth M., but the same is hereby devised to my sons, Robert F., William A., Francis, James and Henry as Trustees for the use of the old school church and the ministers of that church to preach in to them and the survivors of them, including the graveyard, and a convenient way is to be kept open from the road to the church.

19th. My negro girl, Louisa and her child, I heretofore gave to my daughter, Ellen F. Sheffey and I hereby confirm that gift.

20th. Any property not hereby devised, and any that I may acquire between this and my death, I give to my son, James T. Preston, but it is to be understood that the increase of the slaves above devised is to pass to the devisees.

Lastly, I do hereby appoint my sons, William A. and James T. Preston Executors of this my last Will and Testament, hereby revoking all former Wills by me made, and my said Executors are not required to make an inventory or to have an appraisement made. And I request the Court to dispense with a bond on the qualification of my Executors, having the fullest confidence in them. In testimony whereof I have hereunto set my hand and seal this 4th day of April, 1861.

(Signed) John Preston

Witnesses: R. T. Legard, C. S. Bekem

Codicil: I devise to Robert F. 200 acres of the 300 I bought of him lying on the South Side of the main road and opposite his residence. To Elizabeth M., I devise 30 shares of my stock in the Farmers Bank of Va., and my registered bon of $1300. The remaining 15 shares in the bank last named, I devise to my granddaughters, Mrs. David C. Cummings, Mrs. Edward M. Campbell and Susan F. White, to be equally divided between them.

Dated June 17, 1861 - Probated in Court October 1864.

Same Codicil: Library of books, printed papers and matters of all sorts, I give to Robert F., William A., Francis, James T. and Elizabeth to be equally divided between them. The 1862 codicil reinvested Robert F. Preston with the title to the 300 acres formerly conveyed him.