In the name of God Amen! I James Beard of the County of Botetourt and State of Virginia being very sick and weak in boddy but of perfect mind and memory thanks be given until God calling into mind the mortality of my buddy and knowing that it is appointed for all men to die do make and ordain this my last Will and Testament gthat is to say principally and first of all.
i give and recommend my soul unto the hand of Almights God that gave it and my Boddy I recommend to the earth to be buried in decent Christian Burial at the discretion of my Executors, nothing doubting, but it the General resurrection I shall receive the same again by the Mighty Power of God.
And in touching such worldly Estate wherewith it hath pleased God to bless me in this live.
I give and devise and dispose of in the following manner and form.
The small plantation of twenty six acres of land adjoining Ulrick Sdervey [?] and there.
I give and bequeath to Mary Merculerain [?] during her natural life time and all the efets and advantages belonging thereto at their death said land be returned to the Estate of my wife Matilda and Child [?].
The plantation in which I live, I give and bequeath to Matilda my dearly beloved wife and Child said land lying on Catawba Creek in the county aforesaid adjoining Smiley Burns and other my personal property it is my desire shall be sold and my just debts paid.
My land by Henry Rlent [?] (Colords Boy) I wish his time to be sold for the benefit of my said wife and child.
I do hearby utterly disalow revold and disannul ald ane every other former Testaments, Wills do retifying and confirming this and no other to be my last Will and Testament.
In witness whereof.
I have hereunto set my hand and seal this 24th day of July in the year of our Lord one thousand eight hundred & thirty Seven.
[Signed] James Beard [Seal]
Teste:
Thos. H. Burnes
James Pogue
At Botetourt September Court 1839
This Instrument of writing purporting to be the last Will and Testament of James Beard dec'd. was this day exhibited in Court and proved by the oaths of James Pogue a subscribing witness thereto and conntinued for further proof and at the March Term 1841 was fully proven by the oath of Thomas Sd. Purnes another subscribing witness thereto and ordered to be recorded.
A Copy
Teste Gor Rock oc [?]
[Source: Virginia, Wills and Probate Records, 1652-1983, Botetourt County, Will Books, Vol F-G, 1838-1849]
