Fauquier County, Virginia Will Book 44, pgs 207-210. Will of Charles J. Nourse I, Charles J. Nourse of Casanova Fauquier County Virginia - all previous wills having been destroyed - make this my last will and testament I comit [sic] my soul to my God who gave it and to his only son Jesus Christ who died for us on the Cross - to make atonement [pg 208] sins He is the Resurrection and the Life - They have watched over and blessed me with so many blessings all my life and which I have not deserved - If I die in Virgia [sic] - my body will be buried in the ground of Grace church - If elsewhere in Rock Creek Cemetery - after payment of my just debts and funeral expenses which I wish to be as moderate as possible I dispose of my estate real and personal as follows - I nominate and appoint as my Executors and Trustees for my wife and children Rev A M Randolph of Norfolk James M Ambler of Baltimore and my wife Annie C. Nourse I give unto my executors full power and authority to make execute and deliver unto the purchaser or purchases of all my real estate and my interests in all real estate wherever located, good and sufficient deeds in fee simple therefor without liability on the pass of the purchasers to see to the application of the purchase money. If either Bishop Randolph or Mr. Jas M Ambler should decline to act as Executor after this will is recorded I hereby empower them to select their own ancessions (?) subject to the approval of my wife - the above named Executors shall not be required to give security but if they select others to act in their stead the latter shall be required to give the usual bond and security required by the Court for the jenthperl (?) of my will. I give and bequeath to Miss Sallie Wallace Simpson three hundred dollars - and hope that she will continue to live with my wife and children- I give and bequeath to my grandson Chas J Nourse of the City of New York two thousand dollars - and to my granddaughter Juliette Nourse two thousand dollars to given given to them after the sale of the Highlands. I give and bequeath to the Trustees of the Protestant Episcopal Church in the Diocese of Virginia one thousand dollars in trust. This money and the above bequests to be paid by my Executors after sale have been made of my real estate the above one thousand dollars is to be kept invested by the said trustees and then anccessors in office in undoubted first class securities. the interest to be paid annually by the said trustees to Bishop Robt Gibson and his anccession in office to be expended by them in defraying the expenses of such clergymen or laymen as they shall appoint to preach and teach during the winter and fall months in the usual districts of the Diocese from the from (?) Gospels of St. Matthew Mark Luke & St. John I give an bequeath to my wife Anne C. Nourse all furniture books china silver plaited ware and all other articles contained in the house on Weston farm- I also and on the condition and in consideration of my wife giving up all her claims of dower right in my real estate and personal property give and bequeath to her five thousand dollars- on the following terms I direct that after the Highlands is sold my Executors shall make and hold separate from other securities A special investment of five thousand dollars - to be kept invested in undoubted first class interest bearing securities the interest receipts from this fund are to be paid semi annually to my wife [pg 209] and the principal paid to her when the youngest of our children comes of age, also conditional and in consideration of her waving her claims of dower rights I give and bequeath to her an equal share with the children in the Trust fund herein created to be paid to her when the Trust fund is divided among the children among the children [sic] - In event of her not being willing to waive her claims of dower rights - the above bequests are canceled invalid and of no effect - It is my will and intention that my Executors will sell all of my real estate and claims on real estate wherever situated as soon after my death as about their real value can be obtained pither (?) for cash or part cash and part mortgage either at public or private sale as in their opinion may be most advisable - also that they will sell at such times as they think advisable all live stock crops - farm implements and tools of all kinds from the proceeds of above sales after paying the above bequests I direct that my Executor will create a Trust fund from all money received from my real and personal property which shall be invested in undoubted first class interest bearing securities the safety of the investments to be considered before the rates of interest and I hereby empower my executors to sell such securities and reinvest the proceeds in like manner - from time to time as they may think advisable the said investments and securities are to be registered by the trustees and kept by them in some deposit vault or place of safety - I hereby appoint and constitute my Executors and my wife Annie C. Nourse trustees for my children to hold the said investments in trust for my children - the income from the above named investments and securities I direct shall be paid semi-annually to my wife to be expended by her for the maintenance support clothing and education of our children - and shall be free from her debts controls or engagements so that neither the principal nor the income in the hands of my trustees may be subject to the lien of my judgment or charge against her or liable to execution of any form or attachment against her. the receipt of my said wife to my trustees shall be sufficient discharge for all payments made to her for our children - the principal of the Trust Fund I give and bequeath to my wife and to our children to be divided in equal shares among them, and is to be part to them when the youngest child is of age should any child or children not live to be twenty one his her or their shares is to be divided amongst the survivors - But should any of the said children die before the youngest child is of age and leaves issue said issue shall take and receive the parents share in the Trust Fund. It is my will that my Executors shall not charge any commission on the sales of my real estate or the proceeds thereof except the agents commission for selling and legal expenses of sale. Nor shall they charge any but (?) the brokers commission for selling or buying securities - But they may charge the usual rate allowed by the Court on proceeds of other personal property and on the interest collected on the securities - I affix my hand and seal to this my last will and testament - revoking all others - [pg 210] on this seventh day of July in the year of our Lord 1904, all over insertion and interleaving made before signing Witnessed in our Junt (?) presence- Charles J Nourse Robt I Hirks - Amos (?) F. Payne - Hugh Fletcher- Clerks Office of Fauquier Circuit Court April 21 1906 - A paper entry (?) dated 7 day of July 1904 - purporting to be the last will and testament of Charles J. Nourse decd was produced before the Clerk of the Circuit Court of Fauquier County Anne C Nourse one of the executors named therein and Amos (?) [Anna?] F. Payne Dr RI Hicks and A R Bartenstein were seen and severally (?) deposed that they were well acquainted with the handwriting of the testan and verily believe that the said paper writing and the signature thereto to be wholly in the proper handwriting of the said Charles J Nourse decd - and thereupon said paper entry is ordered to be recorded as and for the true last will and testament of the said Charles J. Nourse decd. Rev A M Randolph and James M Ambler executors named in said will by the several notes in entry (?) declined to take upon themselves the further of the execution thereof and in motion of Anne C. Nourse the executrix named in said will who made oath as the law requires and entered into and acknowledged bond in the penalty of twenty thousand dollars - payable and conditional accnding to law - but without security - the testator in his said will having requested that no security be required of her. certificate is granted her for obtaining probate of said will in due form Teste: Jno R Turner Clerk