Henry, Francis, & Sarah Gibson v. James C. Hall, James Laurie, & Elizabeth Laurie. Will of Andrew Shepherd

Page 1.

In the name of God. Amen. I Andrew Shepherd of Orange County and State of Virginia, do here make my last will and testament, in manner following, that is to say. It is my Will and desire, that all my debts, by Bond, Contract, accompt, or any other way, be discharged, both principal, and such interest as may be justly due, as soon after my decease, as it can be done, out of such part of my personal estate, as may be judged by my Executors hereafter named, the most readiest & suteablest to be raised from. It is my will and desire, that the Widow of Henry Day, who at present lives on what is called my [illegible] or Church tract of land, which belonged to Wm Bell, late of ye Ct house deceased; shall continue thereon during her pleasure or widowhood, but not to clear or occupie more than fifteen acres, and that as near a square round[?] and adjoining the house she lives in, nor is she to cut down any timber of any kind, without the bounds of said fifteen acres, but may make use of any dead timber, there may be lying on any part of said land, for firewood, in case such timber or wood may not be wanted otherways, and the said priviledge using such timber, not given any longer, than while the said land belongs to my Estate or property, and it is my will, that if the said Widow Days, living & occupying the said fifteen acres of land, should be of any detriment or disadvantage to the sale of said tract of land, then and in that case my Executor is authorized to lay off the like quantity of fifteen acres, in some other part of said Tract, where it will least affect the sale thereof, and in case she or any of her family should by neglect, mismanagt or carelessness, have her dwelling house or any other by either of these means, or willfully distroyed by fire, she is not to be allowed to continue living any longer on said land, and she is likeways, that in case the said land, should by accident or otherwise, be set on fire, she must give notice thereof, as soon as she possibly can, after being acquainted therewith, to some of the nearest neighbors, who are capable & willing to assist in extinguishing thereof, and in case it should be set on fire on purpose and she knowing the Incendiary or Agressor, she is to give information thereof, to some one of my Executor, that is while it belongs to my Estat. I give to Nancy Lindsay, spouse of William Lindsay of Orange County, the land bought of John Bell, ye son of Roger (but deeded & conveyed by       Brockinaw) by Andrew Shepherd & Company, and which fell to me on the partnership being dissolved, and a division of the debts due to the Concern being made, of which said land was one containing by said deed, Two hundred acres, lying in Orange County, in the part commonly called the poison fields, adjoining to or near to lands of Daniel Singleton, decd, & othersof that neighborhood. I give to my son Robert & his heirs, my tract of land which I bought of the trustees of Colo. William Taliafens, decd, called the meadow or neck tract, containing Two hundred and ninety acres, by Survey. I likewise give to my said son Robert & his heirs, the tract of land I bought of Robert Cockburn, containing by his deed for the same Two hundred Acres, & adjoins to the land of Cap. Catted[?] Conway &c. I give to my daughter Harriet & her heirs, the following tract or lot of land, to will that I bought of John Brownlow, containing one hundred & eighty five acres, that I bought of Reuben Grimes, containing one hundred & fifty acres, and that I bought of Reuben Moore, containing one hundred & six acres; and in case of the death of my said son Robert, before he arrives to the age of Twenty one years & without issue living at his death, the said two tracts or parcels of land given to him as above, it is my will & desire, that my next youngest child to him, shall have the same right, title & interest therein, and so in case of his death, to the next, which will be my son John, in whom such devise shall terminate, and in case of the death of my said daughter Harriet, before she arrives to lawful age, and without issue living at her death, my son next in age to her and Andrew Shepherd
continued to second page
Page 2d. and his heirs (that is my son, who is next older to her) and in case of his death the son next in age, above the last, and so in case of his death, to my next son, which will be John if then alive, and whoever of the said three last children mentioned, meaning James, Thompson, & John, that shall take place to Harriet in the three tracts or parcels of land as demised to her above, upon the same terms   terms & conditions as the two tracts or parcels of land, bequeathed to Robert in case of his death, but not that either of my said sons James, Thomson or John, shall have a right to hold the lands given to Robert & Harriet, in case of their deaths & without issue living at their deaths, but only to have right to his or her part, as the case should happen, for him to succeed as above mentioned & meant, that is, not any one of my said sons, Robert, James, Thomson nor John, or either of their heirs, to have both the said demised lands, unless in the case of the death of all these children, but one of them, and who it is my will shall & his heirs, have a right to both the said demised parcels of land, which is to be in part of his share & right of every other part of my Estate or property,that he might have a right to otherways, and in case he should have received any part of my property before such an event happening, he or his heirs is to return the same to my Executors, to be by them divided among my other children or their heirs, as my other property is directed to be divided amonsgt them. [[It is my will, that my son William, shall dispose of my following lands, as soon after my death, as may by him and my Executors, tthought to be advisable, Viz. The land bought of Thomas Burgess, Peter Rucker, the widow Rucker, that which belonged to Wm Bell, decd, by the name of the Church or Pinny wood tract, and that I bought of Robert Bickers and the produce of the sales thereof to be divided amongst my children, George, William, Alexander, Helen, Mary Andrew, Catharine and Elizabeth, or theirs, so as to make each have near an equal share reckoning & accounting on what each of them, or their husbands, may have had, as will appear by their accounts respectively, on my books, entered to them as my sons, as my sons in laws, or as my daughters, and likeways, if any acct should be due from them, to be reckoned & entered to them with the other, likeways, what may be collected from the debts, that may due me (after what I owe is paid) to be divided among my last children or their heirs, in same manner as proceeds of the lands last mentioned, only with the exception & reserve, that whatever part of the said demises, from the sales of the said land, or what may be recovered from debts due me, that my daughters, Helen, Mary, Catharine & Elizabeth, or their heirs, (from their present husbands) may have a right to the same, to be put out to interest having undoubted security for the forthcoming of both principal & interest thereof, & the last thereof, to wit; the interest to be applied towards my said daughters & their heirs as above, their individual maintenance & support; and at the death of either of my said daughters, such part, shall in the same manner, be applied to the maintenance of such child or children of their present husbands until the youngest thereof, shall arrive to lawful age, when the principal & Interest, that may be due such child or children, shall then by vested in him, her or them, the husbands of my said four daughters, are to have no further interest nor concern, with any more of my Estate or property, than what they already have had & for which they are charged in my books, as my sons in laws.]] It is my will that my son William, and in case of his death, my Executors, do sell & dispose as soon as may be thought advisable my land in Albermarle County, containing by deed Eight hundred Acres, likewise all my negroes, that may be thereon, together with the whole stock of every kind and plantation utensils Andrew Shepherd
continued to 3d page
Page 3d utensils, that may be thereon, & belonging to me, which sold to be made for ready money, or on a Credit, as my said son William, or my Executors may deem the best for the interest of those Concerned, minding, that if on credit, there be undoubted real Security, by deed of trust & bonds with good security as a Colateral for the Trust taken, for the consideration of the land, & undoubted bond & security taken for the negroes & other property, bearing interest from the date, if that should be, by my son William, or my Executors, thought proper; And the Amount of the Sales of said last mentioned land, negroes, stock &c, when received (if thought necessary) from the purchasers) to be put out on interest, on undoubted real property as above mentioned, and the interest arising or accruing therefrom, to be applied towards the education & support of my children, Robert, Harriet, James & Thomson, until they shall be provided for otherways, and if such interest, with the further provision   provision here after made for that purpose, should amount to more than may be sufficient, then the Surplus to be added to said Prinl from whence it arises, whenever my Son Thomson or James, should arrive at the age of Twenty, the part of my Estate, that they may have a right to, agreeable to what my elder children have, they are to have the same out of the said Principal arising from the Albemarle Property, provided they or either of them should not have a right to any of the lands devised to my Son Robert & Harriet, and which circumstance I think, is already fully expressed as to the intention & meaning of that succession. It is my desire that my Meadow Plantation, and the other lands that go's[?] all under the same meaning, and devised to Robert & Harriet, with the negroes, stock &c thereon, shall be occupied in the Same manner, as it has been heretofore, and that the proceeds arising yearly from the Same, shall be applied towards the education & maintenance of my young children as above expressed, likewise the profits, that may arise from my black Smith's, Pompey & Jerry, and the Surplus of those funds, with the other above mentioned for said purpose, to be applied in the Same way mentioned as to that, it is my desire that however may be employed as Overseer or Manager of my said Madison Plantation, that they are not to cut down any timber towards clearing & Cultivating any of the lands further than what may be necessary for rails, firewood & support of the buildings, which must be got promiscuously, on that part called Cockburn's, or that I bought of Moore, as may Suit best for the Purpose wanted, at the same not to have any young thriving timber of any kind made use of, when other kind will answer. [[It is my Will that whatever other kind of property, I may be possessed, with either of Slaves or any other, that is not already devised, or disposed of otherwise, that such be either sold, or given to some of my children & their heirs, as it may best suit, on the same terms and conditions, as any other part they may have a right to, & such property to be valued by my Executors, or by such persons as they may appoint for that purpose, & which is to be charged to such child or children accordingly.]] As my Son John will be the first (if he lives) of my five youngest children, that will be of the age of Twenty one years, I would choose that the Consideration for which my lott & houses sold to Mr Verdier, should be reserved for him towards his share of my property, that he may have a right to, as he may want to go into some Mercantile business, and that I expect, will be as readily procured for him as any otherway, however, it must be observed, & it is my desire, that it should by my Executors, that in Case he my said son John, Thomson, James or Robert, should appear to them or the majority of them, of their own knowledge, or from Sufficient information of any other creditable person, to have the inclination to gaming, drinking, idleness or dissipation of any kind before they arrive to the age of twenty one, in that case it is my will, that such child shall have no right or claim, to any part of my Estate or property intended for them until they give sufficient proof, that they have left off such bad practice they have followed & been guilty of, & are really fully reclaimed from Andrew Shepherd
continued to 4th page
Page 4th from every such & other vice, & that until such, the part they have a right to of my Estate or property, shall remain under the management of my Executors, and the interest arising therefrom, or if land, the rents to be given to them, as my Executors or majority of them shall think necessary, until they are satisfied of their being fully reclaimed, and when so, the property they have a right to, be delivered up to them & their heirs, as intended, and so it is to be with respect to the husband of Harriet, in case he should be unfortunate enough to get such a one as described of my Sons disposition, and the property allotted to her, to be under the same regulations & restrictions as my Sons above recited, in case her husband should deserve the same restrictions, from the same causes[?], or his Conduct in any other manner. As it is my will & intention that all my children & their heirs, shall have an equal part of what Estate of property, I may have, including what either of them may have had, excepting him or her, who shall hold the lands particularly demised, as near to Valuation, as Can be Conveniently allotted by my Executors, and if any thing should be expressed, or any word omitted in the foregoing, that may occasion any dispute, with regard to the real meaning & intention thereof, the same shall be determined, by a Majority of my Executors, or such persons as they may choose for that purpose, either having a regard poses[?] my son William, information with regard to the Circumstance, he being fully acquainted with my intention & meaning of the whole premises, and I hope & beg, that every one concerned will be satisfied, without the least Grumbling of whatever, providence has pleased to entrust to me, over & above what was necessary for myself, and the rearing of them to what they are, and to be thankful to original donor thereof, be it little or much; as it will be necessary for an Inventory to be taken after my death, I desire that the persons who may be appointed for that purpose, may be as Convenient to the property as possible, but that there will be in necessity I hope for returning the Inventory into the office as any one who may be interested may see the Same, & take a Copy if they should want it, from my Son William, or my Executors, who may be   be in possession thereof. It is to be observed that before the Sale of my Albemarle property as mentioned that the property arising therefrom is to be applied towards the Education & maintenance of my children under age & not otherwise provided for, and likewise such as may accrue from any other of my lands, before they are sold, and the Surplus of such to be applied as heretofore directed, what is contained on this & the three preceeding pages of this sheet of this paper, is wrote entirely with my own hand & which declare to be my last will & testament, revoking all former one & for the Executing the Same agreeable to the expressions, meaning & intention thereof. I nominate & appoint my friends & connections, my neighbor John Taylor, Robert Patton & Danl Griman of Fredericksburg, Alexander Dawney of Culpeper, & my son Wm Shepherd, as my Executors to the Same & having Such a good opinion of their just principles & good Conduct. I do not desire that either of them tie security in the undertaking thereof, notwithstanding any law or usage to the Contrary, & that they shall act in every respect, as they may think & judge to be my intention and meaning, as before observed, relying on Such information as my Son Wm may give them. In Testimony to the whole preceeding premises I have set my hand & affixed my seal, the Twentieth day of November, of the year one thousand eight hundred & three.

Andrew Shepherd (seal)

At a District Court held at Fredericksburg. May 15th 1804.

The last will and testament of Andrew Shepherd, deceased, was produced in Court by William Shepherd & Alexander Dawney, two of the Executors therein named, & there being no witnesses to the said will, Alexander Duncan, Thomas Richards and James Tilly, being sworn, severally deposed that they were well acquainted with the testators hand writing, and verily believed that the said will & name thereunto subscribed, are all of the said testators proper hand writing. Whereupon the said will is ordered to be recorded; and on the Motion of the said Executors, who made Oath thereto, and entered into Bond, Conditioned as the law directs, Certificate is granted them for obtaining probate thereof in due form.

Teste, Jno. Chew C.F.D.C.

A Copy

Teste, J. J. Chew Clk. Circt. Sup. Ct. of law & [illegible] of Spota[?] County.

Must have the seal of the Court

Andrew Shepherd's Will