1805 - Rice to slaves - Charlotte Co, VA

1805 - Rice to slaves - Charlotte Co, VA

06/03/1805

In the name of God amen. I John Rice of Charlotte County being sick of body but of perfect mind and memory do hereby make and constitute this my last will in the following manner. First my will and desire is that all my just debts shall be duly paid. Secondly my will and desire is that after my decease my beloved wife Elizabeth Rice shall quietly and peaceably possess and enjoy all my worldly estate it hath pleased God to bless me with both real and personal during her natural life free from any incumbrance whatever. Thirdly whereas since my marriage with my wife Elizabeth Rice I sold a negro man belonging to the Estate that my said wife possessed at our marriage for the sum of Eighty five pounds, my will and desire is that before any division of my Estate is made that the said eighty five pounds for which said negro man was sold shall be replaced to the benefit of the Legacees of the estate of Ambrose Hundley dec’d out of the profits of my estate after my wifes death. Fourthly whereas in the course of the last year past I purchased a negro boy named Harry from Meredith Walker on certain conditions as will appear from a memorandum on the back of the bill of Sasle which said Walker gave me for said negro boy. My will and desire is that if the said Meredith Walker do and shall truly and justly replace to my Estate the four hundred dollars which the said Walke received in payment for said boy agreeable to the above mentioned memorandum that the said negro boy Harry shall be returned to the said Meredith Walker. Fifthly my will and desire is that after the death of my wife Elizabeth Rice all the slaves that now belong or hereafter may belonging, until that period, to my Estate shall of the Law, of my Country will [illegible] be liberated free from bondage and the balance of my Estate that remain be equally divided among the several claimants as the law may direct. Fifthly if the laws of the country will not admit of the above mentioned liberation of said slaves belonging to my estate at the death of my wife Elizabeth Rice my will and desire is that the said slaves shall be valued in real cash by three honest discreet disinterested freeholders who shall be chosen by my executors hereafter named, and the amount of the valuation be allotted in as many equal lots as there are lawful claimants, and after the lots are drawn each claimant shall pay to the other as the nature of the ceremony require in real cash before the said salves shall be delivered to those that may draw according to the appraisement. And lastly I do constitute and appoint my friend William Dupree and my wife Elizabeth Rice my Executor and Executrix of this my last will and testament. In witness whereof I have hereunto my hand and seal this fifth day of March one thousand eight hundred and five.
John Rice (seal)
Signed Sealed and owned to be my last will and testament
In presence of witness: John MCargo, Martin J Worthy, Susannah Roberts

At a Court held for Charlotte County the 3rd day of June 1805.
This last will and testament of John Rice decd was presented in Court by Elizabeth Rice the Executrix therein named and the same was proved by the oath of John MCargo and Susannah Roberts he of the witnesses her she subscribed to be acknowledged by the said John Rice as his last will and testament in their presence and ordered to be recorded. On the motion of the said Executrix who made oath according to law certificate is granted her for obtaining probate of the said will in due form she giving security whereupon she with John MCargo and Philip Goode her securities entered into and acknowledged their bond according to law for that purpose- reserving liberty to William Dupree the other executor herein named to join in the probate thereof when he shall think fit.

Teste, Thomas Read, Clerk
Truly Recorded, Thomas Read, CC

WB 2:305

LW&T

"slaves to be free at wife's death"- must cross reference with wife's will, Free Negro Registry to ascertain names or if enslaved individuals were in fact set free