I, Claude T. Drewry, being a resident of the County of Botetourt, in the State of Virginia, and being of sound and disposing mind, do make this my last will and testament, hereby revoking all former testamentary papers by me at any time heretofore made.
Item I. I direct my executrix, hereinafter named, to pay as a cost of the administration of my estate all my just debts, expenses and last illness and funeral expenses and all estate and inheritance taxes upon or with respect to any property which is required to be included in my gross estate for such tax purposes. I direct that my executrix shall not require that any part of such taxes be recovered from, paid by, or apportioned among the recipients of, or those interested in, such property.
Item II. Following payment of my said debts, funeral expenses, inheritance and gift taxes, I give, devise and bequeath all of my property, real, personal and mixed, wherever located, in fee simple, to my wife, Marie Drewry.
Item III. If my wife shall fail to survive me, I give, devise and bequeath to my daughter, Mary Ellen Smith, 39 acres of land on the northwest side of State Route 681, not to include one acre containing the barn and garage, but to include a perpetual easement and right of way for purposes of ingress and egress for the use of said Mary Ellen Smith, her heirs, successors and assigns; to my daughter, Clauding D. Spangler, the 27/100ths acre of alnd containing a dwelling house, along with the adjoining land located between State Routes 681 and 655, and also the aforementioned one acre of land on the northwest side of State Route 681, which contains the barn and garage, but subject to the aforementioned easement; to my said two daugther, two parcels of land, being approximately 75 acres and 5/10ths of an acre, containing a cabin, located in Sugar Tree Hollow and known as the mountain land, to be the property of my two daughters, equally, share and share alike; to my two said daughters all of my personal effects, money, secuirties, accounts, or personal property of any kind, equally, share and share alike.
Item IV. I hereby appoint Marie Drewry as executrix of my estate and request that no curety be required upon her bond as such and that no inventory of my estate be made. In the event that she shall decline to act, or shall predecease me, or for any cause whatever shall cease or fail to act, then I appoint Mary Ellen Smith and Clauding D. Spangler as co-executrices of my estate and request that no surety be required upon their bond as such.
Item V. In the event my wife, Marie Drewry, and myself shall die under such circumstances that there is not sufficient evidence to determine which predeceased the other, I direct that it shall be deemed that I shall have predeceased my wife and that this will and any and all of its provisions shall be construed on that assumption and basis.
In Witness Whereof, I have hereunto set my hand and seal in the County of Botetourt, State of Virginia, this 16th day of may, 1978.