1841 - Lewis to Washington & Susan Ann - Nelson Co, VA
Manumission Item Data Item Type Metadata
Date
04/26/1841
Manumitter
Manumitted
Number of Persons
2
Text of Freedom Document
"In the name of God Amen. I Howell Lewis of the County of Nelson, being of sound mind and disposing memory, but being sensible of the shortness and uncertainty of human life, and being desirous to dispose of all my temporal goods, do make, constitute and ordain this my last will and testament revoking hereby all others heretofore made by me.
Item. The first it is my will that after my death that my body may be buried in a most decent and Christian like manner, and that my Executors hereinafter named shall out of my general estate pay my funeral expenses and all my just debts. After the payment of my funeral expenses and just debts it is my will and desire.
Secondly I give and bequeath to my nephew Zachariah Lewis of the county of Albemarle son of brother Zachariah Lewis, the tract of land whereon I now live, being the same which formerly belonged to Dr. David B Patterson and purchased by me of George A. Nicholson commonly known by the name of the Rockfish Plantation, and also the lands adjoining the same purchased by me of William N Carter, commonly called the Dog Island Tract, including the Island, and also the lands which I purchased of Spencer Turner of the County of Nelson, and also a tract or parcel of land which I purchased of Thomas J Randolph lying near Mount Airy in the County of Albemarle and added to me by Wilson and John Nicholas, containing one hundred and thirty or forty acres more or less. These lands I give and bequeath to my said nephew Zacharia to him and his heirs forever. I also give and bequeath to the said Zachariah and to his heirs forever all the stock of horses, cattle, sheep and hogs that may be upon the said land at my death, belonging to me, all the plantation utensils including carts & wagons, my household and kitchen furniture. I also give and bequeath to my said nephew Zachariah, one half the negroes which I may own at the time of my death, (with the exception of my boy Washington, and girl Susan Ann, children of my woman Cynthia) which half is to be ascertained by a education, to be made by commissioners, appointed by the County Court of Nelson to him and his heirs forever.
Thirdly, I give and bequeath to my nephew John O Lewis of the County of Albemarle, likewise, a son of brother Zachariah Lewis, one half all the slaves that I may own at the time of my death to be ascertained by a valuation to be made in the manner and form stated in the foregoing item of my will, and with the exception of my boy Washington and my girl Susan Ann children of my woman Cynthia, as stated in the second item of this my will, to him & his heirs forever.
Fourthly It is my will and desire that my boy Washington & girl Susan Ann, children of my woman Cynthia, and who have been excepted from an disposition by the two preceding items of my will, should at my death be free, and I do hereby liberate, emancipate, and set free the said boy Washington and the said girl Susan Ann. Should I die before the boy and the girl, Washington and Susan Ann, attain to the age of twenty one years, it is my will and desire that my aforesaid nephews, Zachariah and John O Lewis shall take charge of the said Washington and Susan Ann, not as slaves, but to raise them kindly and well, that they shall teach Washington to read and write, and cypher as for as the rule of law or practice. It is furthermore my will and desire that my said nephews Zachariah and John O Lewis whom I shall leave my Exors of this my last will and testament, shall immediately after my death adopt the necessary steps to procure to the said Washington & Susan Ann the privilege of remaining in the state of Virginia.
Fifthly. I give and bequeath to my nephew John O. Lewis the sum of five thousand dollars in trust for the benefit of the boy Washington, to be paid to the said Washington whenever he shall attain the age of twenty one years. The said sum of five thousand dollars is to be paid to the said John O Lewis, immediately after my death, should he be living, and is to be raised from any monies or funds that may be on hand, belonging to me at the time of my death. Should my said nephew be dead, then it is my will and desire that my nephew Zachariah Lewis should receive, and I do give and bequeath the said sum of five thousand dollars to him in trust for the said Washington to be paid to him the said Zachariah immediately after my death, out of any monies that may be on hand or bonds belonging to me at the time of my death. Should however my nephew John O Lewis be alive at the time of my death and receive the said sum of five thousand dollars herein bequeathed to him, subject to the trust aforesaid, it is my will and desire that he shall hold the same until the said Washington shall attain to the age of twenty one years, free from any charge for interest thereon, and when the said Washington attains the age of twenty one, then the said John O Lewis shall pay the said sum of money over to him, to wit the said five thousand dollars. But should the said Washington die before he attains the age of twenty one years, then I give and bequeath the said sum of five thousand to my nephew John O Lewis to him and his heirs forever. But should the said John O Lewis and the said Washington die before Washington arrives at the age of twenty one years, then I give and bequeath the said sum of five thousand dollars to my nephew Zachariah Lewis, to him and his heirs forever. In case of the death of John O Lewis, it being my will and desire that Zachariah Lewis should execute this trust in the same manner, and under the same restrictions that John O Lewis is directed, by this will to do it, and to have the said sum of five thousand in case of the death of the said John O Lewis and the said Washington before the said Washington arrives to the age of twenty one years.
Sixthly It is my will & desire that my nephew Zachariah Lewis pay to the girl Susan Ann, hereinbefore liberated, by the four item of this will, the sum of five hundred dollars out of that portion of my estate bequeathing to him by the said item of my will, which aid sum of five hundred dollars shall be paid by the said Zachariah to the said Susan Ann when she attains the age of twenty one years, but should the said Susan Ann die before she attains the age of twenty one, then I give and bequeath the said property real and personal herein bequeathed and devised by the second item in this my will to the said Zachariah and his heirs forever, discharged from the payment of the said sum of five hundred dollars.
Seventhly. I give and bequeath to my brother Daniel P Lewis of the county of Albemarle, to him and his heirs forever, the sum of five thousand dollars, to be paid by my Executors hereinafter named, and of any monies or bonds belonging to me and which may be on hand at the time of my death which said sum of five thousand dollars shall be paid to my said brother Daniel P Lewis by my executors six months after my death. I also give and bequeath to my said brother Daniel P Lewis to him and his heirs forever all my interest, in that portion of my deceased father’s estate, now in the possession of my mother, as dower, consisting principally of slaves. I desire that it may be distinctly understood that by the devises contained in the second and third item of this my will, to my two nephews Zacharian and John O Lewis, I did not mean to include the interest which I hold in my father’s estate, and which I have by this item of my will given to my brother Daniel P. Lewis, but all other slaves which I may possess at the time of my death besides those herein bequeathed to my brother Daniel P. Lewis and his heirs, I give and bequeath to my two nephews Zacharian and John O Lewis in manner and form as stated in the said second and third item of this my will.
Eighthly. I give and bequeath to my Executors hereinafter named the sum of fifteen hundred dollars in trust, for the benefit of the three infant daughters of my niece Judith Monley, to wit, Elizabeth, Sarah Ann and Virginia, to be paid to them in equal portions as they respectively attain the age of twenty one or marry.
Ninth. I give and bequeath to John Morris of the county of Albemarle the sum of one thousand dollars in trust for the benefit of his two sons James & Marcellus, to be paid to them by the said Jn Morris in equal proportions as they shall respectively arrive to the age of twenty one years, which said sum of 1 thousand dollars shall be paid by my Executors as the said James and Marcellus become of age.
Tenth. I give and bequeath to George Christopher Gilmer the sum of one thousand dollars in trust for the benefit of his two children Elizabeth & Zachariah Leigh to be paid to them in equal proportions as they shall respectively attain the age of 21 years, which said sum of one thousand dollars shall be paid by my Exors as the said Elizabeth and Zachariah Leigh arrive respectively to the age of twenty one years.
Eleventh. I give and bequeath to my Exors in trust for the benefit of Sarah Ann and Niayetta Hudson daughters of my niece Agnes Hudson, one thousand dollars to be paid to the said Sarah Ann and Niayetta as they respectively marry or arrive to the age of twenty one years by my Exors in equal proportions.
Twelfth. I give and bequeath to my niece Sarah Lewis, daughter of my brother Zachariah Lewis, one thousand dollars to her and her heirs forever, to be paid by my Exors in six months after my death.
Thirteenth. I give and bequeath to my two nieces Mary J Lewis and Carey Ann Lewis daughters of my brother William Lewis, the sum of one thousand dollars to be equally divided between them, to them and their heirs forever, to be paid by my Exors in six months after my death.
Fourteenth. I give and bequeath to my Exors the sum of five hundred dollars in trust for the benefit of [?Frajetea?] Thomas, daughter of my niece Betsy Thomas, to be paid to the said [?Frajetea?] when she arrives to the age of twenty one or marries.
Fifteenth. After the payment of my funeral expenses and just debts, and after the payment of the different pecuniary legacies heretofore mentioned, I give and bequeath to my nephew John O Lewis all the rest and residue of my money, bonds and debts of every description to him and his heirs forever.
Lastly. I do hereby constitute and appoint my two nephews Zachariah Lewis and John O Lewis executors of this my last will and testament. In testimony whereof I have hereunto subscribed my name with my own hand, and affixed my seal, this 12th day of January in the year of our Lord one thousand eight hundred and forty one.
Signed, sealed and acknowledged Howell Lewis (seal)
in the presence of
H.B. Scott
Jn Crank
Wm H Turner
At a court held for Nelson County the 26th day of April 1841
An instrument of writing, purporting to be the last will and testament of Howell Lewis deceased was proven by the oaths of John Crank and Harrod B Scott, two subscribing witnesses thereto and the same is ordered to be recorded. And on the motion of Zachariah R Lewis and John O Lewis, the Executors named in said will, who made oath thereto and together with Zachariah Lewis, James McPatterson, John Crack and Daniel P Lewis, their securities entered into and acknowledged bond in the penalty of $150.000 conditioned according to law, certificate is granted them for obtaining probate of said will in due form.
Teste,
HP Garland Clk"
Item. The first it is my will that after my death that my body may be buried in a most decent and Christian like manner, and that my Executors hereinafter named shall out of my general estate pay my funeral expenses and all my just debts. After the payment of my funeral expenses and just debts it is my will and desire.
Secondly I give and bequeath to my nephew Zachariah Lewis of the county of Albemarle son of brother Zachariah Lewis, the tract of land whereon I now live, being the same which formerly belonged to Dr. David B Patterson and purchased by me of George A. Nicholson commonly known by the name of the Rockfish Plantation, and also the lands adjoining the same purchased by me of William N Carter, commonly called the Dog Island Tract, including the Island, and also the lands which I purchased of Spencer Turner of the County of Nelson, and also a tract or parcel of land which I purchased of Thomas J Randolph lying near Mount Airy in the County of Albemarle and added to me by Wilson and John Nicholas, containing one hundred and thirty or forty acres more or less. These lands I give and bequeath to my said nephew Zacharia to him and his heirs forever. I also give and bequeath to the said Zachariah and to his heirs forever all the stock of horses, cattle, sheep and hogs that may be upon the said land at my death, belonging to me, all the plantation utensils including carts & wagons, my household and kitchen furniture. I also give and bequeath to my said nephew Zachariah, one half the negroes which I may own at the time of my death, (with the exception of my boy Washington, and girl Susan Ann, children of my woman Cynthia) which half is to be ascertained by a education, to be made by commissioners, appointed by the County Court of Nelson to him and his heirs forever.
Thirdly, I give and bequeath to my nephew John O Lewis of the County of Albemarle, likewise, a son of brother Zachariah Lewis, one half all the slaves that I may own at the time of my death to be ascertained by a valuation to be made in the manner and form stated in the foregoing item of my will, and with the exception of my boy Washington and my girl Susan Ann children of my woman Cynthia, as stated in the second item of this my will, to him & his heirs forever.
Fourthly It is my will and desire that my boy Washington & girl Susan Ann, children of my woman Cynthia, and who have been excepted from an disposition by the two preceding items of my will, should at my death be free, and I do hereby liberate, emancipate, and set free the said boy Washington and the said girl Susan Ann. Should I die before the boy and the girl, Washington and Susan Ann, attain to the age of twenty one years, it is my will and desire that my aforesaid nephews, Zachariah and John O Lewis shall take charge of the said Washington and Susan Ann, not as slaves, but to raise them kindly and well, that they shall teach Washington to read and write, and cypher as for as the rule of law or practice. It is furthermore my will and desire that my said nephews Zachariah and John O Lewis whom I shall leave my Exors of this my last will and testament, shall immediately after my death adopt the necessary steps to procure to the said Washington & Susan Ann the privilege of remaining in the state of Virginia.
Fifthly. I give and bequeath to my nephew John O. Lewis the sum of five thousand dollars in trust for the benefit of the boy Washington, to be paid to the said Washington whenever he shall attain the age of twenty one years. The said sum of five thousand dollars is to be paid to the said John O Lewis, immediately after my death, should he be living, and is to be raised from any monies or funds that may be on hand, belonging to me at the time of my death. Should my said nephew be dead, then it is my will and desire that my nephew Zachariah Lewis should receive, and I do give and bequeath the said sum of five thousand dollars to him in trust for the said Washington to be paid to him the said Zachariah immediately after my death, out of any monies that may be on hand or bonds belonging to me at the time of my death. Should however my nephew John O Lewis be alive at the time of my death and receive the said sum of five thousand dollars herein bequeathed to him, subject to the trust aforesaid, it is my will and desire that he shall hold the same until the said Washington shall attain to the age of twenty one years, free from any charge for interest thereon, and when the said Washington attains the age of twenty one, then the said John O Lewis shall pay the said sum of money over to him, to wit the said five thousand dollars. But should the said Washington die before he attains the age of twenty one years, then I give and bequeath the said sum of five thousand to my nephew John O Lewis to him and his heirs forever. But should the said John O Lewis and the said Washington die before Washington arrives at the age of twenty one years, then I give and bequeath the said sum of five thousand dollars to my nephew Zachariah Lewis, to him and his heirs forever. In case of the death of John O Lewis, it being my will and desire that Zachariah Lewis should execute this trust in the same manner, and under the same restrictions that John O Lewis is directed, by this will to do it, and to have the said sum of five thousand in case of the death of the said John O Lewis and the said Washington before the said Washington arrives to the age of twenty one years.
Sixthly It is my will & desire that my nephew Zachariah Lewis pay to the girl Susan Ann, hereinbefore liberated, by the four item of this will, the sum of five hundred dollars out of that portion of my estate bequeathing to him by the said item of my will, which aid sum of five hundred dollars shall be paid by the said Zachariah to the said Susan Ann when she attains the age of twenty one years, but should the said Susan Ann die before she attains the age of twenty one, then I give and bequeath the said property real and personal herein bequeathed and devised by the second item in this my will to the said Zachariah and his heirs forever, discharged from the payment of the said sum of five hundred dollars.
Seventhly. I give and bequeath to my brother Daniel P Lewis of the county of Albemarle, to him and his heirs forever, the sum of five thousand dollars, to be paid by my Executors hereinafter named, and of any monies or bonds belonging to me and which may be on hand at the time of my death which said sum of five thousand dollars shall be paid to my said brother Daniel P Lewis by my executors six months after my death. I also give and bequeath to my said brother Daniel P Lewis to him and his heirs forever all my interest, in that portion of my deceased father’s estate, now in the possession of my mother, as dower, consisting principally of slaves. I desire that it may be distinctly understood that by the devises contained in the second and third item of this my will, to my two nephews Zacharian and John O Lewis, I did not mean to include the interest which I hold in my father’s estate, and which I have by this item of my will given to my brother Daniel P. Lewis, but all other slaves which I may possess at the time of my death besides those herein bequeathed to my brother Daniel P. Lewis and his heirs, I give and bequeath to my two nephews Zacharian and John O Lewis in manner and form as stated in the said second and third item of this my will.
Eighthly. I give and bequeath to my Executors hereinafter named the sum of fifteen hundred dollars in trust, for the benefit of the three infant daughters of my niece Judith Monley, to wit, Elizabeth, Sarah Ann and Virginia, to be paid to them in equal portions as they respectively attain the age of twenty one or marry.
Ninth. I give and bequeath to John Morris of the county of Albemarle the sum of one thousand dollars in trust for the benefit of his two sons James & Marcellus, to be paid to them by the said Jn Morris in equal proportions as they shall respectively arrive to the age of twenty one years, which said sum of 1 thousand dollars shall be paid by my Executors as the said James and Marcellus become of age.
Tenth. I give and bequeath to George Christopher Gilmer the sum of one thousand dollars in trust for the benefit of his two children Elizabeth & Zachariah Leigh to be paid to them in equal proportions as they shall respectively attain the age of 21 years, which said sum of one thousand dollars shall be paid by my Exors as the said Elizabeth and Zachariah Leigh arrive respectively to the age of twenty one years.
Eleventh. I give and bequeath to my Exors in trust for the benefit of Sarah Ann and Niayetta Hudson daughters of my niece Agnes Hudson, one thousand dollars to be paid to the said Sarah Ann and Niayetta as they respectively marry or arrive to the age of twenty one years by my Exors in equal proportions.
Twelfth. I give and bequeath to my niece Sarah Lewis, daughter of my brother Zachariah Lewis, one thousand dollars to her and her heirs forever, to be paid by my Exors in six months after my death.
Thirteenth. I give and bequeath to my two nieces Mary J Lewis and Carey Ann Lewis daughters of my brother William Lewis, the sum of one thousand dollars to be equally divided between them, to them and their heirs forever, to be paid by my Exors in six months after my death.
Fourteenth. I give and bequeath to my Exors the sum of five hundred dollars in trust for the benefit of [?Frajetea?] Thomas, daughter of my niece Betsy Thomas, to be paid to the said [?Frajetea?] when she arrives to the age of twenty one or marries.
Fifteenth. After the payment of my funeral expenses and just debts, and after the payment of the different pecuniary legacies heretofore mentioned, I give and bequeath to my nephew John O Lewis all the rest and residue of my money, bonds and debts of every description to him and his heirs forever.
Lastly. I do hereby constitute and appoint my two nephews Zachariah Lewis and John O Lewis executors of this my last will and testament. In testimony whereof I have hereunto subscribed my name with my own hand, and affixed my seal, this 12th day of January in the year of our Lord one thousand eight hundred and forty one.
Signed, sealed and acknowledged Howell Lewis (seal)
in the presence of
H.B. Scott
Jn Crank
Wm H Turner
At a court held for Nelson County the 26th day of April 1841
An instrument of writing, purporting to be the last will and testament of Howell Lewis deceased was proven by the oaths of John Crank and Harrod B Scott, two subscribing witnesses thereto and the same is ordered to be recorded. And on the motion of Zachariah R Lewis and John O Lewis, the Executors named in said will, who made oath thereto and together with Zachariah Lewis, James McPatterson, John Crack and Daniel P Lewis, their securities entered into and acknowledged bond in the penalty of $150.000 conditioned according to law, certificate is granted them for obtaining probate of said will in due form.
Teste,
HP Garland Clk"
Record Location
WB F:167
Document Type
Last Will & Testament
Notes
Liberia
Files
Collection
Citation
“1841 - Lewis to Washington & Susan Ann - Nelson Co, VA,” Manumission Project, accessed January 15, 2025, https://manumissionproject.omeka.net/items/show/1733.