Book 2, Pages 135-136
Filed and Proved: April Term, 1874

In the Name of God Amen.

I, Calvin Waterberry being of sound disposing mind and memory and knowing that life is uncertain and that I cannot owing to my age and condition in life, live a great while longer, and also being anxious that I should make some disposition of what little worldly affects I may possess to the end that my beloved wife may have as little trouble in winding up the same as possible and with a little expense, I therefore do make and publish this as my last will and testament, hereby revoking all other wills that may at any time heretofore have been by me made.

First – Acknowledging God as the one only living and true God, the God of my Fathers, and the author of my being. He who has been the guide of my life and who will support in death, to him I commit my soul, believing and trusting in the merits of the Blessed Redeemer in whose service my life has been spent.

Secondly – After my decease, I desire all my just debts and funeral expenses to be paid.

Thirdly – I will and bequeath to my son James H. Waterberry, my gold watch and chain and desire my representative to deliver over to him the same as soon as convenient after my death.

I also desire that my son James have all my silver spoons, forks and knives and my clothing also the silver head of my cane.

Fourthly – I desire that the Rev. John Bachman, to whereon I am indebted in a small sum, if he prefer to do so, select by ___ from library such books as he desires.

I also desire that Dr. James H. Vance, who has waited upon me in my sickness, as my physician make such selections as he may desire out of said library and the residue of said library after these selections are made, I desire divided equally between my beloved wife and her son, John McKinney Phipps and my son James H. Waterberry.

Fifthly – I give to my beloved wife all the residue of my property consisting of a few pieces of bed clothing, a candelabra.

This constitutes all the property and effects that I have or possess all the property belonging to my beloved wife Ann at the time of our marriage was by all agreement between us reserved to her separate use and benefit, this property does not belong to me, it is her property and I lay no claim whatever to it.

Seventhly – I desire that my wife Ann act as my executrix and I hereby nominate and appoint her as such, and it is my desire that she be permitted to act as such without giving bond and security.

In testimony whereof I have hereunto set my hand and affixed my seal this the 31st day of December AD 1873.

C [X] Waterberry (his mark) (seal)

Signed, sealed and acknowledged in our presence and we certify that we were called upon by the testator to witness the same and this we did so in his presence and at his request.

J. L. Bachman
Billie A. Bachman

Transcribed by Betty Mize