JOHN L. HURT, JR., now residing at Hurt, in Pittsylvania County, Virginia,
do hereby make, publish and declare this my last will and testament, hereby
revoking, annulling and canceling any and all wills and codicils heretofore
made by me.
IV. I give and devise to my wife, Madelene Hughes Hurt, for and during
her natural life, any real estate owned and occupied by me as a homeplace
at the time of my death. My present homeplace is known as "Clement
Hill". It is my intention to include in my homeplace so much of the
original tract of land as is owned by me at the time of my death and lies
on the westerly side of U. S. Highway No. 29.
At the death of my wife, Madelene Hughes
Hurt, or if she does not survive me then at my death, my
aforesaid homeplace shall go and pass absolutely to the Village of
Hurt, Virginia, provided said village is incorporated at the time of my
death, or if it is not then incorporated but is incorporated within three
years after the date of my death then said real estate shall pass absolutely
to it at the time of its incorporation. If the village of Hurt is not
incorporated at the time of my death or within three years thereafter,
then and in such event said homeplace shall go and pass absolutely to
the Town of Altavista, provided said town agrees to and does develop and
use said homeplace as a park and further agrees to properly police said
park. If the town of Altavista fails to accept said homeplace within one
year next after the aforesaid three year period, then and in such event
said real estate shall be and become a part of Part A of my residuary
estate and go and pass as hereinafter provided for. If the title to my
homeplace vests in the Town of Altavista pursuant to this Item IV of my
will, it is my desire that the town name or designate the same as the
"John L. Hurt Memorial Park" in honor of my uncle, Senator John L. Hurt.
While this request is not mandatory, I am confident that the town of Altavista,
if it accepts said homeplace, will carry out my wishes as herein expressed.
In the event the village of Hurt is not
incorporated upon the expiration of three years after my death my Executors
shall notify the town of Altavista in writing of this provision in my
will in order to afford it the opportunity to accept said property upon
the terms and conditions hereinbefore set forth. Until such real estate
goes or passes to either the village of Hurt or the town of Altavista
the same shall be held by my Executors and the net annual incomes therefrom
shall be accumulated until said real estate is distributed, at which time
said accumulated income shall be distributed in the same manner in which
said real estate is distributed.
recorded 9 September 1964