Bazil Thomas v. James Kennedy Jr. Deed of Settlement and Will of Francina Turner
This Indenture Tripartite made this Eleventh day of September, in the Year of our Lord, one thousand seven hundred and ninety four. Between Charles Turner of the Town of Alexandria, County of Fairfax and Common Wealth of Virginia of the first part, Francina West of the County and Common Wealth aforesaid of the second part, and John West Gentleman of the same County and Commonwealth of the third part. Whereas the said Francina West is by virtue of the last Will and Testament of her deceased Father John West Gentleman, late of the County and Common Wealth aforesaid intitled to a fee simple estate, of and in certain lands, but the real quantity and precise situation thereof are not ascertained and described in the said Will, and by virtue of which is the legal owner and possessor of the following Negro Slaves to wit Basil, Sally and Ann, Thomas and Polly, Sallys Children, Ann and her Child; Thomas and Dina together with the several Articles of Household Furniture as follow to wit,
And Whereas a marriage is shortly intended to be had and solemnized between the said Charles Turner, and the said Francina West. And it is agreed by and between the said Charles Turner and the said Francina West, that if the said Marriage shall take effect, Then notwithstanding the said Marriage he and the said Charles Turner his Executors, Administrators, Administrators, or Assigns shall not, or will intermeddle with or have any right, Title or Interest in or to any part of the said Lands, Slaves and Furniture either in Law or Equity. Now this Indenture Witnesseth that the said Parties for the making the said Agreement good, binding and effectual in law, so that the said Lands and Slaves and every of them
together with their and every of their Increase, and the said Furniture, be and still remain the property of her the said Francina West, and be to and for the Use, benefit and disposal of her the said Francina West, and so that the same shall not at any time after the said Marriage be in the power or at the disposal of the said Charles Turner, or liable to the payment of his debts, or any Incumbrances. He the said Charles Turner doth for himself his Heirs, Executors and Administrators, and for every of them, Covenant, Promise declare and agree to and with the said John West Party to these Presents, his Heirs Executors and Administrators, that notwithstanding the intended marriage aforesaid shall take effect all the said Lands and the Slaves aforesaid together with their future Increase and all the said Furniture shall be accounted and reckoned as distinct Estate and property of and from the Estate and Property [strikethrough] of him the said Charles Turner, and no ways liable to or for him or for the payment of any of his debts, but shall be ordered, disposed of and employed to such person and persons and to such uses, Trusts Intents and purposes as the said Francina West shall herein after direct, and the said Charles Turner for himself his Executors, and Administrators, doth further Covenant, grant and agree to and the said John West (party to these presents) his Heirs Executors and Administrators, that he the said Charles Turner will always remain satisfied and content with the Conveyance in Trust hereby intended to be made of the said Lands, Negroes and their Increase and furniture. This Indenture Therefore Witnesseth That the said Francina West as well on
account of the several considerations herein before expressed as for and in consideration of the sum of five Shillings Current Money of Virginia, to her in hand paid by the said John West Party to these Presents, she the said Francina West, Hath granted, bargained and sold, aliened and confirmed and by these Presents Doth grant, Bargain and sell, Alien and confirm unto the said John West; party to these Presents, his Heirs and Assigns forever; the said Lands and the said Negroes and Household furniture, and all the Houses, Out Houses, Woods, Ways, Waters, Water Courses, Profits, Commodities, Hereditaments and Appurtenances whatsoever to the said hereby granted Lands and premises belonging or in any wise appertaining, and the Reversion and Reversions and Reversions, Remainder and Remainders, Rents, Issues and profits thereof & also all the Estate, Right, Title, Interest Property claim and demand of and in the same with their and every of their Appurtenances. To Have And To Hold the said hereby granted Lands and Premises with their and every of their Appurtenances and the said Negroes with their Increase and House Hold Furniture unto the said John West (party to these Presents) his Heirs and Assigns to his and their only proper use and Behoof forever. In Trust for the use and benefit of the said Francina West, and her Heirs until the said Marriage is solemnized and after the said Marriage to and for such uses Interests and Purposes as the said Francina and the Charles Turner shall by Deed under their Hands and Seals appoint and direct, or as she by her Will in Writing may at any time appoint and direct, and upon which appointment and directions in either the said Deeds or Will, this trust is to cease and
determine, and the said Chas. Turner for himself, his Heirs, Executors and Administrators doth further Covenant grant and agree, to and with the said John West, party to these presents, his Heirs and Assigns, that at any time after the said Marriage it shall and may be lawfull for for the said John West party to these presents his Heirs and Assigns, that at any time after the said Marriage it shall and may be lawful for him the said John West his Heirs and Assigns, to commence any Suit at Law or Equity in the name of them the said Charles Turner and Francina his Wife for Causes that may accrue, respecting the property hereby granted and conveyed and in consequence of the Premises contained in the Deed. And the said John West for himself his Heirs Executors, Administrators and Assigns, Doth hereby Covenant, grant and agree to and with the said Francina West and Charles Turner, their Heirs, Executors, Administrators & Assigns, that at any time agreeable their direction and appointment, he will by Deed in Writing or in any other legal manner relinquish and give up the confidence and Trust hereby given and reposed in him, and that in the mean time he the said John West, (party to these presents will well and truly and faithfully discharge the Trust and Confidence hereby reposed in him, to the uses intents and purposes herein and hereby expressed. In Witness whereof the said Parties to these presents have hereunto set their Hands and Seals the day, Month and Year first herein written
Charles Turner (Seal)
Francina West (Seal)
John West (Seal)
Sealed & Delivered in presence of
A. Clifton, Sarah West
James M. McCrea
Benja. Turner; Henry Gunnell Junior
Received this Eleventh day of September, one thousand seven hundred and ninety four, the Sum of five Shillings Current Money of Virginia, the full consideration within mentioned, of the said John West, Party to the above Deed.
Francina West
Test A. C. Clifton
Sarah West
At a Court held for the County of Fairfax 15th September 1794. This Deed of settlement Between Charles Turner, Francina West and John West was proved by the Oath of James Mease McCrea, Benjamin Turner and Henry Gunnell Junior, to be the Act and Deed of the Parties which is ordered to be recorded
Test P. Wagener C.C.
A Copy Test Wm Moss C.F.C
In the name of God, Amen, I Francina Turner, calling to mind the uncertainty of human life and knowing the present weakness of my Body, but sound in mind and memory, Do make this my last Will and Testament; In the first place I freely resign my Soul to God who gave it, under a full persuasion thro' the Merits of my Blessed Redeemer, that I shall rise to eternal life. I will that my Body be decently Buried at the discretion of my Executors hereafter named; and the worldly Goods wherewith my God has blessed me, I dispose of in the following manner to wit I Will and bequeath to my beloved Husband Charles Turner All the Land left me by my Father John West in his last Will, lying on Popatalico Creek near the Ohio River, to him and his Heirs forever. I will that my Slaves be sold by my Executors for the following Terms Bazil for eight years, Sarah for twelve years, Dinah for fifteen years, Big Ann for fifteen years, Little Ann for twenty two years, Polly for twenty years, Tom, Sarahs Child for twenty seven years, and Tom, Anns Child for thirty two years; and the Money arising form the sale I desire shall be applied in the following manner to wit I Will that my Niece Catharine West, Daughter of my Brother Thomas West, have eighty Pounds of it, and my nephew John Hood West sixty pounds in order to aid him in his Education, which said Money shall be paid when and in what proportions my Executors shall see fit, during the minority of the said Catharine and John, and if the whole should not be paid during that time then that the residue shall be paid, as they respectively come to the age of twenty one years. And the Residue I give to my beloved Husband Charles Turner. I will that after the above Slaves respectively arrive at the completion of the above Terms that they shall be free, and their posterity after them at the age of thirty years. I will that all my other Estate, of every description shall be the property of my Husband Charles Turner except my wearing apparel, which I give to my three nieces Betsy Dade, Catherine Dade, and Catharine West; and as I well know my beloved Husbands affection for them all. I desire that he will divide them, among them; Lastly I appoint my beloved Husband Charles Turner, Colo. Charles Little and my Brother John West, Executors to this my last Will and Testament. Given under my Hand and Seal this 12th of May One thousand seven hundred and ninety six
F. Turner (Seal)
Acknowledged before us
Charles Little, Jane Hunter
Thos. Triplett, Jane Blackburn her mark. John West
At a Court Continued and held for Fairfax County the 21st day of June 1804. This last Will and Testament of Francina Turner deceased and presented in Court and proved to be the Act and Deed of the said Testatrix by the oath of Charles Little a Witness thereto, and ordered to be certified; And Charles Little one of the Executors named in the said Will in open Court refused to take upon himself the Executorship thereof which is ordered to be certified, and at a Court continued and held for the said County the 22nd day of June 1804. The same was further proved by the oath of Jane Sinclair late Jane Blackburn another Witness thereto, and ordered to be recorded.
Test Wm. Moss C
A Copy, Test Wm Moss C
I William Moss Clerk of Fairfax County Court in the Common Wealth aforesaid Do hereby Certify that the foregoing Deed of Settlement between Charles Turner, Francina West and John West. And the last Will and Testament of Francina Turner deceased, together with the Certificates thereto annexed of their having been duly recorded are true Copies from the Records of my Office. In Testimony whereof I have hereunto set my hand and affixed the Seal of the said County this twenty sixth day of June, one thousand eight hundred and four And in the 28th year of the Common Wealth
Wm Moss C.F.C.
I Charles Little a Presiding Magistrate of the County Court of Fairfax in the common Wealth aforesaid Do hereby certify that the above Certificate and Attestation of William Moss Clerk of the said Court is in due form. Given under my Hand and Seal this 12th day of June 1804. And in the 28th year Common Wealth
Charles Little (Seal)
At a Session of the Orphans Court for the County of Alexandria the 14th day of July 1804. This Copy of a Deed of Settlement between Charles Turner, Francina West and John West was produced into Court by Hugh West, and ordered to be recorded, and Letters of Administration with a Copy of the Will annexed were granted unto them
Test Cleon Moore Regr.
I Cleon Moore Register of Wills for the County of Alexandria Do Certify that the foregoing Writings contain true Copies of Certified Copies under the hand and Seal of Office of William Moss Clerk of Fairfax County Court in the State of Virginia which are deposited in my office to be recorded
In Testimony whereof I have hereunto set my Hand & affixed the Seal of my Office this 29th day of October 1804
Cleon Moore
Copy
Frances Turner's Will
Warrant
vs
Alexn. Henderson