Will Book __, Page 72
July 29, 1859 [or 23?]
Proven: Sept. Term, 1859

I, Benjamin L. Bussell, do make and publish this as my last will and testament, hereby revoking and making void all other wills by me at any time made.

First. I direct that my funeral expenses and all my debts be paid as soon after my death as possible, out of any money that I may die possessed of or may first come into the hands of my Executor.

Secondly. I give and bequeath unto my well beloved wife Polly Bussell during her lifetime or widowhood the plantation on which I now live, together with all houses, barn and other outbuildings, and all the household and kitchen furniture that I may die seized and possessed of, farming tools, &c on the plantation and all the slaves and stock of every kind that is upon or may be upon the plantation at the time of my death.

Third. At the death of my wife Polly Bussell, or in case of her marriage, I give and bequeath plantation and improvements to my five sons, namely: James M. Bussell, George W., John R., Calvin P. and Absalom T. Bussell to be equally divided, share and share alike. The division to be made in any manner they choose to adopt.

Fourthly. I give and bequeath the tract of land known as the Mill Place, consisting of several tracts (to wit) a fifty- acre entry purchased from John Jones, a forty acre entry and an eleven acre entry and the land I purchased from Joshua and Louisa Phipps, that portion of it on which there is no encumbrances, together with the grist and saw mills and all other machinery. emprovements erected thereon, to my sons, namely: Benjamin Sanford Bussell and Burwell W. Bussell, to be equally divided between them, share and share alike. And in the event of the death of either of them without bodily heirs, then and in that case the other to heir the whole premises to his own proper use and benefit.

Fifthly. I have heretofore given to my daughter Virenda Charles a negro girl which I estimate to be worth $450.00 at the time of the gift, and I also gave to my daughter Sarah Ann Rutherford a negro girl which I estimate to be worth $550.00 at the time of the gift. And I also gave to my daughter Mary Ann Prater a negro girl which I estimate to be worth $500.00 at the time of the gift.

Sixthly. It is my will and desire that at the time of the death or marriage of my wife Polly Bussell, my Executor hereinafter appointed shall proceed to sell all the property on hand at the time, consisting of slaves, stock of all kind, wagons, gearing and farming tools, and household and kitchen furniture of every kind and description.

And when the proceeds of sale of said property shall have been collected, he shall make the following distribution thereof, that is to say: (I have heretofore paid to my sons James M., George W. and John R. Bussell $275.00 each). He shall pay to my sons Calvin P., Benjamin Sanford, Burwell W. & Absalom T. each the sum of $275.00, and to my daughter Virenda Charles $425.00.. .daughter Sarah Ann Rutherford $325.00 and daughter Mary Ann Prater $375.00 to make them all equal with my sons to whom I have heretofore made advances.

Seventhly. After payments heretofore provided shall have been made, if there is a surplus of money remaining in the hands of my Executor, he shall make equal distribution between both sons and daughters, share and share alike, till the whole is exhausted.

Lastly. I do hereby nominate and appoint my sons Calvin P. and Absalom T. Bussell my executors.

In witness whereof I do to this my will set my hand and seal. This 23rd day of July, 1859.

B. L. Bussell (seal)

Signed, sealed and acknowledged in our presence.

John Hall
J. M. Charles
Burum Harrison

This Hawkins County Will was transcribed by one of the following volunteers:  Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.