1822 - Honeyman to Ann - Hanover Co, VA

1822 - Honeyman to Ann - Hanover Co, VA

04/10/1822

1

In the name of God Amen.
I Robert Honeyman Doctor of Physics in Hanover County state of Virginia, being at this time in my usual health of body perfect soundness of mind to make this my last will and testament in manner and form following.
I give and bequeath to my son Robert Bruce Honeyman all the tract of land whereon I at present reside containing about 900 acres more or less & his heirs forever.
I give and bequeath to my said son Robert A.B. Honeyman my negro men Bob and John my negro boy Lewis, my deaf and dumb negro woman, Celia and her children Marvin and Beck and any further offspring which the said Celia may have hereafter.
I give and bequeath to my said son two work horses, four work oxen, four cows and calves, 20 sheep, and all my stock of hogs as also all my farming and kitchen utensils all the furniture of my house: all my books excepting ten volumes to each of my daughters such as they shall choose: also I give and bequeath to my said son, my watch, my guns, all my medicines and surgical instruments, my microscopes, excepting my best microscope in a shagreen case which I give and bequeath to my son my thermometer my diploma of Doctor of Physics also a human rib which will be found in a small trunk in my chest, with my earnest request that he will carefully keep the rib (which is of James the fifth King of Scotland & transmit it carefully to his descendants).
I will and bequeath to my son the proceeds of the collections of all the open accounts for medical services on my books as his books as also all my notes or bonds from persons for medical services only.
It is my will and desires that all debts owing by me shall be paid speedily from the money which I shall leave at my decease, or from the collection of open accounts or of notes and bonds for medical services, to be deducted from the foregoing bequest to my son, but if there shall be found after my decease more money which was in my possession. Then suffices to pay my debts owing by me it is my will an desire that such money shall be equally divided between my son my daughter Jane Broaddus, my daughter Cornelia Oldham and the children of my daughter Helen Nelson deceased.
If the whole or any part of my claim against Thomas Macon and the estate of Thomas Norvel shall hereafter be recovered, I give and bequeath to my son Robert Bruce one fifth part of the proceeds of such claim and the residue to be equally divided between Jane Broaddus, Cornelia Oldham the children of my daughter Nelson, and my daughter Catherine in the case she fully recovers the use of her reason.
I will and desire that my personal property of every kind, excepting the forementioned bequests shall be equally appraised and afterwards divided equally between my daughter Jane Broaddus and Cornelia Oldham and the children of my daughter Nelson deceased to them and their heirs forever as also to my daughter Cornelia and her heirs whom I have by mistake omitted in the second line also and have interlined it being my will and intention that my said daughter Cornelius should share equally with Jane Broaddus the children of my daughter Helen Nelson deceased.
But to make this division equally and justly all the money or property which any of my daughters or their offspring have received or shall received in my life time shall be held and reckoned to constitute part of their respective shares of my estate and the different shares shall be calculated accordingly and exact amount of such money or property which I have given or shall hereafter give to my daughters will be found in a small paper book in a small trunk in my chest in which trunk I keep my money and important papers & if my daughter Catherine survives me and recovers a perfect use of her reason then and in that case it is my will that she shall receive an equal share of my estate with my other daughters or their offspring if deceased.
And if she does not recover the perfect use of her reason, I hereby give and bequeath two thousand dollars for her care and benefit and comfortable support. The said two thousand dollars to be placed in trust in private bonds or in the banks or in the funded [Rob Honeyman seal] funded debt of the United States and the interest thereof and applied to her safe keeping proper attendance & comfortable support to be managed by trustees, legally qualified for that purpose. The said two thousand dollars to be deducted from my estate before a division takes place to my other daughters or to their offspring of those deceased.
The trustees for the above mentioned purpose to be designated by my executors hereafter appointed of which number of trustees I wish that my son Robert Bruce may be one and that my daughter Catherine may remain with him under his care and management.
In the expression of my estate or property I mean and intend every thing in my possession at my decease, viz: Slaves, horses, stocks, bonds for money lent to sundry persons or notes for money [illegible].
I just that the fairest mode of dividing my estate and property among my legatees will be to make the shares or portions as equal in value as possible and then my said legatees to [illegible] lots for their respective share or shares.
To make my will clearly understood. I will that if any of my daughters shall die or have died before my decease or death having issue, then and in that case the husband or widows or such daughters shall receive no more of my estate or property than he has received before the decease of his wife, but that the full share of my estate or property that I leave shall be given to the children of my deceased to them and their heirs.
In the division of my slaves among my children or their heirs, it is my will and desire that should be divided among my legatees and not be sold unless such division should separate husbands and wives as to great a distance and in that case it is my will that the husband or wife shall be sold or hired out to such persons as may render their connection convenient provided always that such person or persons who shall purchase or hire such slaves are known & esteemed persons of humanity and treat their slaves well.
It is my will and desire that my mulatto woman Ann shall not be appraised and it is my will and desire to emancipate her, but supposing that she would not want her freedom on the terms prescribed by law as it now stands I therefore leave her to the care of and humanity of my children directing that she shall live with whichsoever of them she chooses and strictly and earnestly enjoining them to treat the said Ann with kindness and indulgence, particularly, that they feed and clothe her in a plentiful and comfortable manner and make her work more than she chooses.
In dividing the rest of my slaves it is my will that no children shall be separated from their mothers under 8 years without consent & willingness of their mothers asked and obtained.
It is my will that my island in James River above Richmond shall be sold on 12 months credit at such time as my executors judge that it may be sold to advantage and the proceeds of such sale to be equally divided among my daughters and the offspring of such daughter or daughters as are deceased. And I hereby authorize my executors to make a complete title to the purchaser of said island in like manner. I will and desire that my share or portion of a lot of land at Rocket in Richmond which I hold in partnership with Mr Wm Nelson Jr shall be sold whenever Mr Nelson and my Executors judge that it may be sold to advantage, and the proceeds of such sale to be divided equally as above directed above respecting the proceeds of sale of my island in James River. And it is my will that until such sales shall be made the rents of the Island and the lot of land at Rockets shall be collected by my Executors and equally divided among my living daughters and the offspring of those deceased.
In the lifetime of my daughter Lucy Broaddus, I gave money and property to her husband Rev Andrew Broaddus account of which may be found in my paper book in a small trunk above mentioned & now as my said daughter died without issue it is my will and desire that one half of the said money and property shall be held and allowed to constitute part of the share of my estate bequeathed to my daughter Jane Broaddus and the calculation of such shares to be made accordingly.
One further consideration of the of my daughter Catherine as it is possible she may recover the perfect use of her reason it is my will that instead of two thousand dollars above mentioned I give and bequeath to my said daughter her full and equal share of my estate with my other daughters or the offspring of those deceased, to be managed by trustees as above directed, and the surplus of the interest or profit of such share which shall accrue after the expenses of her comfortable keeping & support is deducted shall be allowed to accumulate on exact account thereof to be kept by the trustees to be accounted for when they settle the account of their trust. It is to be understood that it is my will that I retain the power of altering adding to annulling or canceling any of the foregoing dispositions of my estate as it may seem property to me being a little unsure in the forms of law it is possible that this my will may not be perfectly correct though I have endeavored to express my meaning and intentions as clearly as I could yet if my Executors or
Rob Honeyman (seal)
Or legatees or either of them should have doubt or scruples respecting the meaning and intent of any part or clause of this my last will and testament or should judge it defective in any particular I hereby empower and authorize my Executors as any three of them to put such construction and explanation on the doubtful clause or clauses or to supply the defective parts so as to correspond with the general tenor of the will and agreeable to equal justice.
But if my Executors shall not agree among themselves or those doubtful, or defective, points or clauses or if their decision or construction thereof shall appear unequal or unsatisfactory to my legatees or either of them, then and in that case it is my will that my Executors shall choose three impartial disinterested men and my Legatee or Legatees who are dissatisfied shall choose two more men so qualified and to these five men the matter or matters in dispute shall be left to be decided and determined. And it is my will that the decision of a majority of these five men shall be final and conclusive as to the matter or matters in dispute, and it is my express will that those of my legatees who shall refuse to submit or to abide by the decision of my Executors in the first instance or of the referees above mentioned in the second instance but endeavor to establish their claim by law shall forfeit and lose all right and title to any part of my estate excepting what they shall have received in my life time.
I hereby constitute and appoint Executors of this my last will and testament my son Robert Bruce Honeyman, my son in law Mr Thomas Nelson, my son in law Dr Samuel Oldham, my son in law The Rev’d Andrew Broaddus, Mr. William Nelson, his son Mr. William Nelson Jr., Mr. Garland Thompson Jr and Mr. David Bullock of Richmond, earnestly requesting that all or as many of them as possible will qualify and act as Executors, trusting that this trouble will not be great especially in the matter of discharging my debts which is often the most difficult and irksome duty of Executors.
Trusting also that they will act harmoniously and liberally, it is my will and desire that my Executors above mentioned shall qualify and act as trustees for the care and comfortable keeping of my unfortunate daughter Catherine and for the management of the share of my estate which I have devised to her.
This will is all written with my own hand on three pages and on each page signed and sealed with my own hand in testimony of its authenticity this 2nd day of June Anno Dom 1821.
Rob. Honeyman (seal)

I hereby will and direct that those clauses which I have given in possession of my daughters, their husbands or their offspring of my daughters deceased or shall hereafter give during my life shall be held and accounted the property of my said daughters, their husbands, or their offspring of my daughters decease to them and their heirs forever, without the formality of a deed of gift or bill of sale.
Signed and sealed this 10th day of April Ammo Dom. 1822
Rob. Honeyman (seal)

Whereas my daughter Jane Broaddus is separated from her husband Andrew Broaddus, I will and direct that the share or portion of my estate devised to my said daughter Jane in the foregoing part of my will shall after my decease be lodged and vested in the hands of trustees for the sole use or guardians of her children by Andrew Broaddus for the use benefit and support of the said children till they come of age and to them or their survivors, them in full property. But if my daughter Jane Broaddus is divorced from her husband I will and direct that share or portion of my estate devised to [illegible] the foregoing part of my will shall after my decease be given to my said daughter in full property to her and her children by Andrew Broaddus, and I will that my said daughter Jane shall live and remain in my house as long as she pleases during her separation from her husband and after she is divorced from him as long as she remains in widowhood and no longer.
Signed and sealed this 18th day of August Ammo Dom. 1822
Rob. Honeyman (seal)
I hereby nominate and appoint the following trustees to receive and manage the share or portion of my estate I leave to my daughter Jane Broaddus during her separation from her husband Andrew Broaddus viz Mr William Nelson Jr, my son Robert Bruce, Thomas Owens, Garland Thompson Jr., James Fontaine and Dr. Thomas B Anderson. Signed and sealed this 14th day of October 1822.
Rob. Honeyman (seal)

On due consideration I think proper to nominate and appoint Executors of this my last will and testament and also trustees for receiving and managing the share or portion of my estate which I bequeath to my daughter Catherine as also the share or portion of my estate which I bequeath to my daughter Jane Broaddus while she remains in a state of separation from her husband Andrew Broaddus the following persons viz. my son Robert Bruce Honeyman, my son in law Dr. Samuel Oldham, Mr. William Nelson Junior of Louisa, Mr. Garland Thompson Junior, Mr. David Bullock of Richmond, Mr. James Fontaine, Dr. Thomas B. Anderson, hereby revoking and cancelling all former nomination of Executors and Trustees, but still retaining the right and power of altering or adding to the above nominations hereafter at my discretion.
Signed and sealed this 25th day of October 1822.
Robert Honeyman (seal)

On due consideration I think proper to make some alteration in the foregoing parts of this my last will and testament. I therefore hereby declare that it is my will that my son instead of the negro man John shall have my negro man Barnaby and that my negro man John shall remain at my present dwelling while the farm is kept, or while my daughters or either of them shall remain at my present dwelling and that my said negro man John shall be allotted to the children of my daughter Helen in the division of my estate.
I likewise will and direct that all my household, kitchen furniture and farming utensils shall remain at my present dwelling while the farm is kept up or while my daughters or either of them remain at my said dwelling; and that after the death or departure of my daughters from my said dwelling, and the breaking up of the farm, I will that all my household and kitchen furniture and farming utensils shall be appraised and one half of the said articles to given to my son and the other half to my grand daughter Mildred Ann to her and her children over and above her share of my estate as daughter of my deceased daughter Helen Nelson.
I give and bequeath one third part of my books to my son Robert Bruce, and one third part to Dr Samuel Oldham and one third part to grand son Robert Carter Nelson.
Signed and sealed this 18th day of July 1823.
Robert Honeyman (seal)

I hereby annul and cancel the article containing in the first page of this my will and testament which relate to the relics of my brother John and a bequest to my niece Mary Honeyman as it would be difficult if not impossible for my Executors to carry the said article and bequest into execution. I have therefore ceased it with my pen. Signed and sealed this 5th day of April 1824.
Robert Honeyman (seal)

At a Superior Court of law continued and held for Hanover County at the Courthouse on Thursday the 2nd of April 1824.
This writing purporting to be the last will and testament of Robert Honeyman dec’d and codicils thereunder written were produced in court by William Nelson Junr named in the body of the said writing and James Fontaine named in one of the said codicils as Executors and Pleasant Jones, Robert H Nelson, and James Byars being sworn and examined declared that they were well acquainted with the handwriting of the said Robert Honeyman deceased, and that signatures to the said will and codicils were also written by the said deceased; whereupon the said will and codicils are ordered to be recorded, and on the motion of the said Executors, a certificate is granted them for obtaining a probate of the said will and codicils named to join in the probate thereof when they shall think fit.
Teste,
Thomas Pollard C.C.
A Copy Teste
Thomas Pollard C.C.

Old Wills:145

Last Will & Testament

Unclear if Ann was in fact freed, or remained with the family, however she was not to be "appraised" as part of the estate… slaves not manumitted to not be separated from spouses