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Will of Minter Jackson
Copy provided by Linn Baiker from copy of LDS film 808244 Gilmer County, WV Wills V 1-3
Page 74 Will Book # not available

Know all Men by these presents
That I, Minter Jackson in full possession of all my mental facilities, and my good state of health make this my last will and testament, writing it with my own hand and written in the town of Marion, Smith County, and State of Virginia where I desire this will be probated, as a large part of my property is here located or situated.

First I will that all notes or accounts of money advanced to either of my children, shall be cancelled and not collected.

Second: I will and bequeath to my beloved wife, Mary L. Jackson and my daughter, Mary S. Dunn and my son William B. Jackson and my daughter Hannabell Miller, one hundred dollars, ($100.) each and to my grandsons, Ernest and Minter Jackson Jr., sons of S. A. Jackson, deceased ($50.), fifty dollars each.

Third: The following gifts and bequeaths on the condition that they each accept the plan provisions of this will without legal contact, and that any one or more of them shall institute or cause to be instituted any legal proceedings to alter, change or set aside this will or any aiding the same, all that is hereafter given or bequeathed to such or any one who shall be the cause of such litigation is hereby annulled and of no effect and their interest shall be equally divided between those defending such litigation.

Fourth: Subject to the above condition, I give and bequeath to my two grandchildren, Ernest Jackson and Minter Jackson, Jr. one tract of land of 1,000 acres situated in Smith County, Virginia in Cleghorn Valley, bought of R. B. Greever & Co., if either or both should die without children at the time of their death, the interest of one or both that should die without children at the time of their death shall revert to my heirs.

Fifth: Subject to the above conditions, I will and bequeath to W. B. Jackson, Trustee, for Mary S. Dunn and her children, the rents from one tract of land of about 17 acres near Walkers Mountain and rents from the house and lot now occupied by S. B. Dunn and rents of the store house and lot at Glade Spring, Virginia, now occupied by E. M. Atkins, also Fifteen Dollars ($15.) per month so long as Mary S. Dunn shall live and the said rents and monthly payment of ($15.) Fifteen Dollars the said W. B. Jackson, Trustee, ________________________think best

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To pay the same to Mary S. Dunn or her children or to both.

Sixth: Subject to the above conditions, I will and bequeath to W. B. Jackson, Trustee, for the children of my daughter, Mary S. Dunn, after the death or decease of said Mary S. Dunn, the said Mary S. Dunn the said tract of 17 acres of land near Walkers Mountain, and the house and lot now occupied by S. B. Dunn, at or near Glade Spring, Va., and the store house and lot at Glade Spring, Va., now occupied by E. M. Atkins, with full power to sell and dispose of as he the said trustee may thing (sic) best for their interest and divide the net proceeds equally between the living children of said Mary S. Dunn, no bond required of said trustee.

Seventh: Subject to the above conditions, I will and bequeath to Phipps Miller, Trustee, for my daughter, Hannabell Miller, the Colonade Hotel and stable lot, and the hardware store house adjoining, in the town of Abingdon, Virginia, also one-half of the lot known as the Sprinkle Garden Lot and half of the lot adjoining, bought of Petus, situated in the town of Marion, Va., west of Mrs. D. C. Miller to be divided by a line drawn through center of said lot at right angles to Demetery street or alley, the half herein bequeathed is to be the South half, I further will and bequeath to my daughter, Hannabell Miller ($4000.), Four Thousand Dollars, par value, of the stock of the Bank of Marion, Marion, Va., should the said Hannabell Miller die without living children, then at her death the said ($4000.) Four Thousand Dollars bank stock shall revert to W. B. Jackson, her brother.

Eight: subject to the above conditions, I will and bequeath to my beloved wife, Mary L. Jackson, all the net regular dividends on the Two Thousand Dollars ($2000.), of Bank Stock I hold in the Lynchburg National Bank. After paying all taxes during her lifetime, my son, W. B. Jackson, my executor, is authorized to collect said dividends and pay all taxes on said bank stock and the residue of said dividend pay as above to my wife Mary L. Jackson, during her lifetime, also W. B. Jackson, Executor shall pay pay (sic) to my said wife Mary L. Jackson during his lifetime an amount equal to the regular dividend on One Thousand Dollars, ($1000.) of the stock of the Bank of Marion, Va., less taxes on
-----------line at this bottom of this page is not on the film-----------

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Also, pay to my said wife, Mary L. Jackson during her lifetime, Twenty-five ($25.) Dollars each month. I also will that my wife, Mary L. Jackson, shall have the use of the three (3) rooms over the old bank rooms in the Exchange Hotel Building in Marion, Va., and the two (2) adjoining rooms with the furniture during her life, if she should choose to occupy them continually or for summer residence, I further will and bequeath absolutely to my wife, Mary L. Jackson, that she may do with it as it may pleas (sic) her all the real estate and personal property owned by me in the County of Volusia, State of Florida.

Ninth: Accepting the above conditions, I will and bequeath to my son W. B. Jackson, all the remaining portion of my property or estate not herein devised or bequeathed to whatsoever character or kind, or wherever located or situated, out of which he is to pay all my liabilities and my financial expenses.

Tenth: Should I sell any of the Real Estate during my lifetime, that is herein specially set apart or devised, it is my will that my Executor shall pay to the party or parties whose interest is affected by such sale, the principal amount of such sale, without interest. It is further my will, should I sell during my lifetime any Bank Stock, the dividend of which has been specifically set apart for the benefit of my wife, Mary L. Jackson, it shall be the duty, and I require my Executor to pay to said Mary L. Jackson, an amount equal to the amount required in this will, as if I had not sold any of said Bank Stock.

Eleventh: I hereby appoint my son, W. B. Jackson, my Executor to settle up all my business and bequests, and having full faith and confidence in him, it is my will that no bond be required of him.

Witnesseth my hand and seal this 1, day of June 1906.

                                                        Minter Jackson (seal)

Witnessed in the presence of each of us and of the testator, M. Jackson, all being present at the same time and at the request of testator.
B. F. Buchanan
E. H. Copenhaver
Jas. White Sheffley

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Virginia:
In the Clerk's office of the Circuit Court of Smyth County, the 31, day of May 1907: The last will and testament of Minter Jackson, deceased, was this day presented by W. B. Jackson, the Executor therein named, proved by the oaths of B. F. Buchanan, E. H. Copenhaver and Jas. White Sheffley, subscribbing witnesses thereto, and admitted to record. And on the motion of W. B. Jackson, the Executor therein named, who made oath whereto and entered into and acknowledged a bond, without security, in the penalty of $50,000.00 conditioned according to law, certificate is granted him for obtaining probate of the said will in due form.

                                                    Teste: S. W. Kent, Clk.

State of Virginia
County of Smyth, to wit:
I, S. W. Kent, Clerk of the Circuit Court of Smyth County, in the State aforesaid, do hereby certify the foregoing to be a true copy of the will of Minter Jackson, deceased, together with all Probate proceedings therewith, as the same appears from the records and files of said County.
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Marion, Virginia, this 3rd day of April A.D. 1908.

{Seal of Court} S. W. Kent, Clerk of the Circuit
Court of Smyth County, State of Virginia

Following the above is a testimony of F. B. Hutton, Judge of the Circuit Court testifying that the above signature of S. W. Kent is a true one.


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