1801 - Peyton to Peter, et al - Fluvanna County
Manumission Item Data Item Type Metadata
Date
10/26/1801
Manumitter
Manumitted
Number of Persons
2
Text of Freedom Document
In the name of God Amen. I John Peyton of the County of Fluvanna and State of Virginia do make and ordain this to be my last will and testament hereby revoking and making void every other will heretofore made by me. In the first place my will is that all my just and lawful debts should be paid. 2dly, It is my will and desire that the tract of land on which I now live together with my tract of land in the County of Prince William as also the interest which [illegible] drawn on my benefactor, as also the slaves I may die possessed of with all the stock of horses cattle and the house hold furniture and plantation utensils of every kind should remain undisposed of until the death of Mrs. Mary Duncan with whom I now live for the purpose of supporting her children. 3rd It is my will and desire that all the slaves of which I may die possessed, who at the day of my death shall be forty years of age and afterwards, should serve for one year and no longer and then to be emancipated. All those who shall be thirty years of age and under forty to serve until they be forty years of age and no longer and then to be emancipated, all those who shall be twenty years of age and under thirty to serve until they shall be thirty five years of age and then to be emancipated, and all those who shall be under twenty years of age to serve until they shall be thirty one years of age and no longer and if during the servitude of any of the female slaves aforesaid they shall have any child or children, such child or children in like manner shall serve the males until they are twenty one years of age and the females until they shall be eighteen years of age, and no longer and then to be emancipated.
Fourthly, It is my will and desire that one thousand acres of my lands lying in the western country should be laid offs by [illegible] they may think proper for the use of [illegible] to the respective ages before mentioned for their emancipation and when the first shall arrive to such age he shall be entitled to fifty acres of the said one thousand in fee simple, to be laid off to him or her by sell or otherwise as to my Executors may seem just and so on to the first twenty who shall arrive to such age.
Fifthly, I will and bequeath unto John Duncan, Howel Lewis Langham Duncan and Robert Peyton Duncan, the three sons of the said Mary Duncan one thousand acres of land each lying in the Western Country, that is to say having three thousand acres of land lying in the Western Country, remaining after taking one thousand acres for the purposes mentioned in the fourth item. My will and desire is that the said remaining three thousand acres shall be equally divided between the said three sons, having regard to quantity and quality to them and their heirs forever.
Sixthly. It is my will and desire that my certificates shall be equally divided between the said John Duncan Howell Lewis Langham Duncan Robert Peyton Duncan, Nancy Duncan, Polly Duncan and Salley Duncan sons and daughters of the said Mary Duncan each to receive their portion as they shall respectively come of age or at the death of their mother which ever shall first happen.
Seventhly. I will and bequeath unto Betsey Duncan daughter of the said Mary Duncan one hundred pounds and two cows and calves, also one horse saddle and bridle to be delivered and paid to her whenever she shall leave the family or on the death of her mother whichever shall first happen, and to pay this legacy my Executors are authorized to appropriate the money which may arise from the collection of my debts, or if that should not be sufficient from the sale of any of my personal property.
Eighthly. It is my will and desire that after the death of the said Mary Duncan my Executors shall make sale of my tract of land lying on the [illegible] as also my land [illegible] as also of all my stock of horses, cattle, hogs and the money arising from the sale of the two tracts of land to be equally divided between Nancy Duncan, Polly Duncan, and Salley Duncan three daughters of the said Mary Duncan, and the money arising from the sale of the stock and all other articles to be equally divided between the said three daughters and their brothers.
Ninthly. It is my will and desire that after the death of Mrs. Mary Duncan, my slaves shall be laid off into lots and equally divided between John Peyton of Milton (my nephew), John Duncan, Nancy, Duncan, Polly Duncan, Howell L Langham Duncan and Salley Duncan, children of Mrs. Mary Duncan.
Tenthly. All the rest and residue of my estate of what kind whatsoever I give and bequeath unto the above named John Duncan, Howell Lewis Langham Duncan, Robert Peyton Duncan, Nancy Duncan, Polley Duncan and Salley Duncan to be equally divided between them.
Lastly, I constitute and appoint John Duncan son of Mrs. Mary Duncan, my nephew John Peyton of Milton and my friend John Quarles of Fluvanna Executors to this my last will and testament. In witness whereof I have hereunto set my hand and seal this 9th day of October one thousand eight hundred and one.
Teste John Peyton (seal)
James Daniel
John Chandler
William N. Peyton
At a court held for Fluvanna County on the 26th day of October 1801. This will was this day produced in court and proved by the oaths of James Daniel, John Chandler and William N. Peyton the witnesses thereto and ordered to be recorded and time is allowed the Executors therein named to qualify thereto and at a court of quarterly sessions continued and held for the said county on the 25th day of November 1801. On the motion of John Quarles one of the Executors therein named who made oath thereto as the law directs and entered into bond with John Duncan, Patrick Williamson and George Holman his securities in the penalty of ten thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate thereof in due form.
Teste, John Timberlake CH
Fourthly, It is my will and desire that one thousand acres of my lands lying in the western country should be laid offs by [illegible] they may think proper for the use of [illegible] to the respective ages before mentioned for their emancipation and when the first shall arrive to such age he shall be entitled to fifty acres of the said one thousand in fee simple, to be laid off to him or her by sell or otherwise as to my Executors may seem just and so on to the first twenty who shall arrive to such age.
Fifthly, I will and bequeath unto John Duncan, Howel Lewis Langham Duncan and Robert Peyton Duncan, the three sons of the said Mary Duncan one thousand acres of land each lying in the Western Country, that is to say having three thousand acres of land lying in the Western Country, remaining after taking one thousand acres for the purposes mentioned in the fourth item. My will and desire is that the said remaining three thousand acres shall be equally divided between the said three sons, having regard to quantity and quality to them and their heirs forever.
Sixthly. It is my will and desire that my certificates shall be equally divided between the said John Duncan Howell Lewis Langham Duncan Robert Peyton Duncan, Nancy Duncan, Polly Duncan and Salley Duncan sons and daughters of the said Mary Duncan each to receive their portion as they shall respectively come of age or at the death of their mother which ever shall first happen.
Seventhly. I will and bequeath unto Betsey Duncan daughter of the said Mary Duncan one hundred pounds and two cows and calves, also one horse saddle and bridle to be delivered and paid to her whenever she shall leave the family or on the death of her mother whichever shall first happen, and to pay this legacy my Executors are authorized to appropriate the money which may arise from the collection of my debts, or if that should not be sufficient from the sale of any of my personal property.
Eighthly. It is my will and desire that after the death of the said Mary Duncan my Executors shall make sale of my tract of land lying on the [illegible] as also my land [illegible] as also of all my stock of horses, cattle, hogs and the money arising from the sale of the two tracts of land to be equally divided between Nancy Duncan, Polly Duncan, and Salley Duncan three daughters of the said Mary Duncan, and the money arising from the sale of the stock and all other articles to be equally divided between the said three daughters and their brothers.
Ninthly. It is my will and desire that after the death of Mrs. Mary Duncan, my slaves shall be laid off into lots and equally divided between John Peyton of Milton (my nephew), John Duncan, Nancy, Duncan, Polly Duncan, Howell L Langham Duncan and Salley Duncan, children of Mrs. Mary Duncan.
Tenthly. All the rest and residue of my estate of what kind whatsoever I give and bequeath unto the above named John Duncan, Howell Lewis Langham Duncan, Robert Peyton Duncan, Nancy Duncan, Polley Duncan and Salley Duncan to be equally divided between them.
Lastly, I constitute and appoint John Duncan son of Mrs. Mary Duncan, my nephew John Peyton of Milton and my friend John Quarles of Fluvanna Executors to this my last will and testament. In witness whereof I have hereunto set my hand and seal this 9th day of October one thousand eight hundred and one.
Teste John Peyton (seal)
James Daniel
John Chandler
William N. Peyton
At a court held for Fluvanna County on the 26th day of October 1801. This will was this day produced in court and proved by the oaths of James Daniel, John Chandler and William N. Peyton the witnesses thereto and ordered to be recorded and time is allowed the Executors therein named to qualify thereto and at a court of quarterly sessions continued and held for the said county on the 25th day of November 1801. On the motion of John Quarles one of the Executors therein named who made oath thereto as the law directs and entered into bond with John Duncan, Patrick Williamson and George Holman his securities in the penalty of ten thousand dollars conditioned as the law directs certificate is granted him for obtaining a probate thereof in due form.
Teste, John Timberlake CH
Record Location
WB 1:225
Document Type
LW&T
Files
Collection
Citation
“1801 - Peyton to Peter, et al - Fluvanna County,” Manumission Project, accessed March 27, 2025, https://manumissionproject.omeka.net/items/show/1515.