I, DAVID C. WEAKLY being in feeble health, but of sound mind do make and publish this as my last will and testament hereby revoking all former wills by me heretofore at any time made -

Item 1st - I desire that all of my just debts and funeral expenses be paid out of the first money coming to the hands of my Executor.

Item 2nd - I give to my beloved wife ELIZABETH S. WEAKLY all my property and effects real and personal or mixed of which I may die seized or possessed including stock of every description, farming utensils, provisions, crop on hand, household and kitchen furniture money choses in action every species of property or estate for and during her natural life.

Item 3rd - If my beloved wife should desire it she may at any time sell any of the personal property and use the proceeds in such way as she may deem necessary and proper for her comfort and convenience. And if she should become dissatisfied with our home and desire to change it for any other place or home my Executor is authorized upon her requesting him so to do in writing to sell the tract of land on which I now reside and make to the purchase a good title to the same without the aid or decree of any court and use the proceeds to procure her such comfortable home as she may desire.

Item 4th - Having already given my son WILLIAM S. WEAKLY all I am able heretofore, I do not include him in the benefit of this will.

Item 5th - At the death of my beloved wife, I desire that the land on which I live or if that be sold and exchanged for another home for my beloved wife then that real estate be sold by my executor without the aid of any court decree and convey the same to the purchaser by a paper conveyance for cash or on time as he may deem best for the parties interested, together with all the property and effects herein given to my beloved wife that may be remaining on hand at her death and the proceeds thereof be equally divided between my daughter MARTHA A. FRYAR, my daughter ELLA DOYLE my daughter ISSABELLA S. ________ my daughter ELIZABETH WEAKLY and my son M. H. P. WEAKLY & my son DAVID R. WEAKLY

Item 6 - I hereby appoint SMITH PARKS Executor of this my last will and testament - This 19th day May 1870

D. C. WEAKLEY