Submitted by:

Peter Musser Sr  Will signed 1862 proved 1863

Smyth County, Virginia Will Book 3, page 398

Know all men by these presents that I Peter Musser of Smyth County and State of Virginia on this the fifth of November in the year of Our Lord one thousand eight hundred & Sixty two being of a sound mine, do make this my will and testament as follows, I do will that my plantation and all my personal property in the County and State aforesaid be left in the possession and under the control of my wife Elizabeth to enable her to raise my children under age, up to the years of manhood and womanhood.  When the children arrive at the legal age of freedom, I wish them to be paid by the widow as they arrive at that age a sum in whatever they may prefer to what my older children have already received.

(page 399)

I also will and bequeath that my son John Jackson Musser as he has never paid any rent for the use of place, do pay to the widow annually while she lives on the place the sum of ten dollars in laborer or in such way as she may designate.

I do also will and bequeath that my son in law Philip Snavely be permitted to build a house on the place at some suitable place and have the use of it and as much land as he will clear up and farm for at least five years clear of all charges.

I do also will and bequeath that any debts against my Estate be paid out of the property left which can be most easily spared from the property now in hand.

I will also that my son Lewis have my rifle Gun and equipments and one Colt which will be folded in the Spring to him a horse independent of his right for share of the property.

I do will that when all the children arrive at the age of legal freedom that the land be exposed  to public sale and the proceeds divided equally among all my children then living, yet so that my wife if she be living at that time be not deprived of a home on the place if she prefer it.

I do hereby put in as executors of this my last will and testament my son John Musser and Philip Snavely whom I wish to have control of and to carry out the will according to the provisions thereof.

This the 5th day of November 1862  Peter (his mark) Musser Sr.

Test:  E.H. Hawkins
Aaron Snavely

Virginia:  At a Court held for Smyth County, 18 March 1863

The last will and testament of Peter Musser decd was presented in Court and there being no subscribing witness present the same was continued for proof.  And thereupon Elizabeth Musser the widow of Peter Musser appeared in Court, and renounced the provision of the will as to her and elected to take under the provisions of the General Assembly in such cases made & provided.

Virginia:  At a Court held for Smyth County 21 April 1863

The last will and testament of Peter Musser decd was fully proven by the oaths of Elijah Hawkins & Aaron Snavely the subscribing witnesses thereto and ordered to be recorded.  Whereupon John J. Musser & P. T. Snavely the Executors mentioned in said will appeared in Court and made oath thereto and together with G.H. Shore,  E.A. Scott & J. Hlselmore their securities entered into and acknowledge a bond in the penalty of two thousand dollars conditioned by law.  Certificate is granted them for obtaining to said will in due form of law.


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