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I Samuel Hurst of the County of Wythe and State of Virginia being arrived at old age and attended with bodily infirmity
but of sound mind and despairing memory and being mindfull of the uncertainty of human life and desirous to dispose of all
such worldly estate as it hath pleased God to bless me with I do make this my last will and Testament in manner and form following
Viz:
1st I give and bequeath all my personal property and real estate to my wife Lucinday Hurst during her life time.
2nd at the death of my wife Lucinday Hurst all my property is to be divided in five equal parts to be given to my heirs
as follows to wit:
(1) Casandra M. Breeding
(2) J. M. Hurst
(3) Sarah O. Tipton's Children
(4) Lucinday W. Williams
(5) Rachel C. Owens
I give and bequeath unto my son Rufus F. Hurst Five Hundred Dollars to be paid by the five before named heirs. W. R. Tipton
is to pay one hundred Dollars more than any of the others, and W. R. Tipton is to have no control of any of my estate that
I bequeath to his children that will be done by my Executors the one hundred Dollars extra before named is to be paid out
of the estate that I leave to his children. And I appoint James Gardner of Carroll County State of Virginia my Executor and
all my just debts is to be paid first before the money is divided or used in any other way.
At the death of my wife Lucinday Hurst all my real and personal property is to be sold the land is not to be sold for
the interest of no individual the heirs and Executor must consult and not sell until all agree it is for the best.
This is my last will and testament revoking any or all other will or wills by me heretofore made in witness whereof I
subscribe my name and affix my seal this the 8th day of May 1881.
his Samuel
x Hurst (seal) mark
Teste
Henry Moore
W. R. Wheeler
Virginia: In Wythe County Court June Term 1881.
The last will and testament of Samuel Hurst dec'd was this day fully proved by the oaths of Henry Moore and W. R. Wheeler
subscribing witness thereto and was thereupon ordered to be recorded: And on the motion of James Gardner the only Executor
named in said will who made oath as the
law directs and entered into and acknowledged a bond in the penalty of $800 -- conditioned according to law with A. J.
Breeding and W. R. Wheeler his securities therein certificate is granted the said James Gardner for obtaining a probate of
said will in due form
Teste W. B. Foster Clerk
Notes:
Samuel Hurst died of pneumonia on 9 May 1881 in Wythe Co., Virginia at the age of 72 years 8 mos. Samuel Hurst married
ca. 1835 Lucinda Hurst, daughter of William Hurst and Mildred Whitlock of Wythe Co.
One unnamed son in the above will, Allen Forest Hurst born 18 October 1843, Little Reed Island, Wythe Co., Virginia, enlisted
in the Wythe Co.Militia 2 April 1862 and served in Co. K of the 54th Virginia Regiment throughout the Civil War. He was captured
at Bentonville, N.C. on 19th March 1865 and imprisoned at Point Lookout, Maryland where he was
released on 27 June 1865. Allen F. Hurst married Amanda (Mc)Cammack in Putnam Co., Indiana on 9 November 1872; moved
to Greenwood Co., Kansas ca. 1880, and died in Kansas City, Missouri on 11 March 1929. His grave site at Forest Hill Cemetery
in KC has a CSA marker.
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Source; The late Gwen Hurst
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