1804 - Herndon to Humphrey - Charlotte Co, VA

1804 - Herndon to Humphrey - Charlotte Co, VA

Manumission of Humphrey by the last will of Joseph Herndon of Charlotte County, VA

09/03/1804

1

I Joseph Herndon of Charlotte County do hereby make my last will & testament in manner and form following that is to say. 1st I desire that so much of my perishable estate be immediately sold after my decease as shall be necessary for the payment of my just debts and funeral expenses and the monies arising therefrom be applied to the payment of the same. Should the perishable part of my property prove insufficient for the above purposes, then I desire that my executors hereafter named may sell such other part of my estate as they think will answer best as shall be sufficient to satisfy such of my just debts as shall remain unpaid out of the sales of the perishable part of my estate. 2nd after the payment of my just debts and funeral expenses I lend to my wife Mary Magdaline Herndon four negros named Julis, Nan, Milley and Emanuel, two horses Dick and Button, one good feather bed and furniture also such part of my stock of cattle hogs and sheep as my executors hereafter named shall think necessary for her support also part of the tract of land I now live on as follows. Beginning where George Coles line crops the spring branch then down the said branch to the creek, then up the creek to where the back line leaves the creek then along said back line adjoining George Cole to the beginning. Further she is not to be interrupted in her possession during live or widowhood. 3rd I give to my son William Herndon two negroes in his possession named Sam and Moses one feather bed and furniture (already received) to him and his heirs forever. 4thly I give to my son John Herndon two negroes named Asa and [?Tomsey?] one good feather bed and furniture also one cow and calf. 4thly I give to my son Elijah Herndon two negros named Benjamin and Prissa one good feather bed and furniture also one cow and calf. 5thly I give to my son Benjamin Herndon two negros named Europe and Nelly one good feather bed and furniture also one cow and calf and one horse. 6thly I give to my daughter Henrietta Brezendine two negros in her possession named Amey and Billey one feather bed and furniture also one cow and calf to her and her heirs forever. 7thly I give to my daughter Jane Roberts one negro in her possession named Rachel and her increase one feather bed and furniture also one cow and calf to her and her heirs forever. 8th I give to my daughter Tabitha MCargo two negros in her possession named Sue and Fanny one feather bed and furniture also one cow and calf to her and her heirs forever. 9th I give to my daughter Sarah Roberts two negros in her possession named Tom and Letty one feather bed & furniture also one cow and calf to her and her heirs forever. 10th My will and desire is that my negro man Humphrey shall after my decease be emancipated for life. 11th my will and desire is that the remaining part of my negros not particularly disposed of shall be divided in the following manner viz. My executors hereafter named shall choose three discreet disinterested men who on oath shall value them in real cash of amount thereof to be allotted and equally divided among my eight children heretofore named and these to whose lot the highest priced Negros may fall to pay the others in proportion to the valuation. 12th my will and desire is that immediately after my wifes decease all my lands in Charlotte County be sold to highest bidder on twelve months credit and the monies arising from the sale of the same to be equally divided among my four sons, to wit, William Herndon, John Herndon, Elijah Herndon, and Benjamin Herndon to them & their heirs forever. 13th my will and desire is that all the lands obtained of Benjamin Netherland lying in the State of Kentucky be equally divided among all my children that remain alive whenever said lands shall be obtained [illegible] the rest of my estate both real and personal of what nature or kind soever it may be not herein before particularly disposed of I desire may be equally divided among my several children before named which I give to them their heirs executors administrators & assigus forever. Lastly I do hereby constitute and appoint my friends John Herndon, Francis Robert & William Dupree executors of this my last Will and Testament hereby revoking all other or former Will or Testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this twenty ninth day of June one thousand eight hundred and four.
Joseph Herndon (seal)
Signed Sealed published and declared as said for the last Will
And Testament of the above named Joseph Herndon In presence of
us Edmund Duffer, Mary Duffer, Betsey Mealer

At a Court held for Charlotte County the 3rd day of September 1804.
This last will and testament of Joseph Herndon decd was presented in court by Francis Roberts one of the executors herein named and the same was proved by the oath of Edmund Duffer and Betsey Mealer two of the subscribing witnesses to be acknowledged by the said Joseph Herndon as his last will and testament in their presence and ordered to be recorded.
On the motion of the said Francis Roberts who under oath according to law certificate is granted him for obtaining a probate of the said will in due form he giving security whereupon he with John Roberts his security entered into and acknowledged as their bond according to law for that purpose reserving liberty to John Herndon and William Dupree the other executors herein named to join in the probate thereof when they shall think fit.
Teste, Thomas Read, Clerk
Truly recorded, Thomas Read, CC

WB 2:285

LW&T