Bedford County, Virginia Courthouse
I, James E. Cary of Goodview County of Bedford, State of Virginia, do hereby make, publish and declare this to be my last will and testament, hereby revoking any wills heretofore make.
1. I desire all my just debts to be paid.
2. Should my wife, Nena Barton Cary, survive me, I give, devise and bequeath unto her a life estate in all my real property there in that event my said wife, Nena Barton Cary, shall have a child’s part, that is, she shall share in my estate on the same basis as each of my children hereinafter named.
3. All the rest, residue and remainder of my estate, real and personal at the demise of my said wife, or she remarry as stated above, I give and bequeath and devise in equal parts or shares to my sons and daughters, namely:
James E. Cary, Jr., a son.
Mary Frances Leftwich, a daughter,
Thelbert Robertson Cary, a son,
Frank Richard Cary, a son,
Harry Edward Cary, a son,
George Willie Cary, a son,
Hazel Louise Rushton, a daughter; and
4. I do give, device and bequeath out of the proceeds of my personal property the sum of $1000 to my grand-daughter Patricia Frances Cary and I direct that my executors hereinafter named to place said sum in a bank and hold in trust until she reaches the age of 18 years and said sum shall be charged to the share of her father, George Willie Cary that is his share shall be reduced by the principal sum of $1000.
5. I do hereby nominate and appoint Mary Frances Leftwich, Thelbert Robertson Cary and Harry Edward Cary executors of this my last will and testament and request that they be permitted to qualify as my executors without security and that my said executors shall have full authority to sell any personal property that I may own at my demise and also any real estate or any part of it should they in their good judgment deem necessary and to the rest interests of my estate, and to see that my said wife is properly cared for and to pay her funeral expenses and attendant expenses upon her demise should she still be my widow, and the purchaser or purchasers of any of my property shall not be required to see to the proper application of the purchase money. It is directed that my widow and my executors continue to care for and support my said grand-daughter, Patricia Frances Cary, in the same manner that I have done for the last several years until she shall marry or reach the age of eighteen years under my estate shall be settled before she reaches that age.
Given under my hand and seal this the 9th day of September, 1961.
James E. Cary
The above was signed and acknowledged by the testator, James E. Cary, as his last will and testament in the presence of us two competent witnesses and we the said witnesses signed as witnesses in the presence of the said testator and at his request and in the presence of each other, who was of sound mind and judgment.
David G. Cassell
Zilpha M. Cassell