In the name of God amen I Mary Tucker of the county of Prince Edward Va. being of sound and disposing mind and memory do make and ordain this following as my last will and testament. Item I give and bequeath to my brother Wood Tucker one negro man named Jack, together with all the rest of my property of every description whatsoever. To him the said Wood Tucker and his heirs forever: In witness whereof I have hereunto set my hand and seal this twenty third day of June, in the year one thousand eight hundred and twenty five. And I do hereby constitute and appoint Branch Walthall and William T. Smith executors of this my last will and testament. Signed by Mary Tucker (by her mark) and witnessed by Owen H. Tucker, Susannah Tucker (by her mark) and Henry Tucker.
At a Court held for Prince Edward county July the 18th 1825. This last will and testament of Mary Tucker decd. was presented in court by Wood Tucker for proof; and on the motion of Abner Watkins who opposes the admission of the same to record, it is continued till the next term. At a court held for said county the 15th day of August 1825. This last will and testament of Mary Tucker decd. was agin offered for proof by Wood Tucker, and Abner Watkins who at the last court entered his opposition to the admission of said will to record, and his counsel being absent, Owen H. Tucker and Henry Tucker two witnesses to said, were on the motion of said Wood Tucker sworn, who said, that the said Mary Tucker published and declared the said writing to be her last will and testament in their presence, that she was of sound dispoing mind and memory at the time and that they subscribed their names thereto as witnesses at her request. Whereupon the court in consequence of the absence of the said Abner Watkins and his counsel refused to admit the said will to record, and affirmed to continue the same From which decision of the court the said Wood Tucker prays an appeal to the next superior court of law of this county which is granted him, thereupon Samuel C. Anderson with Branch Worsham his security entered into and acknowleged their bond for the prupose in thepeanlty of one hudnred dollars conditioned according to law. At a court held for said county September the 19th 1825. By consent of Abner Watkins & Wood Tucker, the will of Mary Tucker proved at the last court is ordered to be recorded, and the appeal entered in this case dismissed, the said Wood Tucker agreeing to pay all costs.
Will Book 6, page 240, Prince Edward County, Virginia.